JUAN FRANCISCO ALONSO
EL UNIVERSAL

Student leaders representing five major Venezuelan universities Wednesday filed a claim with the Supreme Tribunal of Justice (TSJ) calling for the adjournment of next December 2 referendum on the changes to the Constitution proposed by President Hugo Chávez.

The student delegates entered the building of the TSJ following a massive march from the campus of the Central University of Venezuela (UCV), north Caracas, to the high court, northwest Caracas.

The legal action was filed by student leaders Freddy Guevara, Stalin González, Eduardo Torres, Yon Goicoechea, Douglas Barrios, Alex Cabrera, Rafael Rojas, Virginia Zamora, and Rayma López. They claimed that forcing voters to take part in a referendum next month amounts to infringing their rights to political participation and information.

During a short talk they held with the chair of the TSJ, Justice Luisa Estella Morales, who is also the head of the Constitutional Court, student leader Yon Goicoechea explained the rationale behind their motion.

"We believe Venezuelans need to be informed, as many do not know what the indefinite reelection issue is about, they do not know that the State is to govern on the way people are going to use their free time resulting from a planned cut in labor hours to six hours." "We were not given a chance to play a role in drafting this reform. While open debates were held, they were dominated by red, very red people," Goicoechea said, making reference to the color of pro-government party.

He referred to the ruling the TSJ issued in 2000 to postpone the so-called mega-vote scheduled to be held on May 28 that year.

"This court moved to suspend the election to give the people more chance to get information on the way they were going to vote and their choices. Based on that precedent, we are asking you to adjourn the vote (to be held next December 2) and set a new date when the population can cast their ballots in a responsible way."

Goicoechea seized the opportunity to remind the TSJ chair that "the Constitution is not Chávez, the Constitution is not the opposition, but it is the soul of the people. Any biased Constitution will lead us to disaster and violence. Many examples can be found in history. No arbitrary Constitution lasts long in any country."

Swift reaction
Justice Morales attentively listened to Goicoechea's allegations first, and then she listened to student leader Eduardo Torres, even though she answered a cell phone call while talking to the students.

She ensured she was convening her six fellow justices of the Constitutional Court to hear the action "immediately." However, such a meeting did not take place on Wednesday. "We are going to process the petition as soon as possible, as you are filing an action seeking protection of constitutional rights, in order to give you an answer promptly."

Any action seeking protection or restoration of a constitutional right requires immediate processing. The Venezuelan laws do not set a deadline for the court to accept the motion. Once the claim is admitted, a public and oral hearing has to be held within the following 96 hours. In such a hearing, the students, the Attorney General Office, the Ombudsman Office, the Comptroller Office, the National Assembly and anyone willing to take part in the debate are to voice their opinions. Then, the justices are to issue their ruling.

Translated by Maryflor Suárez R.
msuarez@eluniversal.com