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2017 Venezuelan constitutional crisis

On 29 March 2017, the Supreme Tribunal of Justice (TSJ) of Venezuela took over legislative powers of the National Assembly. The Tribunal, mainly supporters of President Nicolás Maduro, also restricted the immunity granted to the Assembly's members, who mostly belonged to the opposition.

Background
Following the death of President Hugo Chávez, Venezuela faced a severe socioeconomic crisis during the presidency of his successor, President Nicolás Maduro, as a result of their policies. Due to the state's high levels of urban violence, inflation, and chronic shortages of basic goods attributed to economic policies such as strict price controls, civil insurrection in Venezuela culminated in the 2014–17 protests. Protests occurred over the years, with demonstrations occurring in various intensities depending on the crises Venezuelans were facing at the time and the perceived threat of being repressed by authorities. The discontent with the United Socialist Government saw the opposition being elected to hold the majority in the National Assembly for the first time since 1999 following the 2015 Parliamentary Election. Into early 2016, the Supreme Court alleged that voting irregularities occurred in the 2015 Parliamentary Elections and stripped four Assembly members of their seats, preventing an opposition supermajority in the National Assembly which would be able to challenge President Maduro. The TSJ court then began to approve multiple actions performed by Maduro and granted him more powers. By August 2016, the momentum to recall President Maduro appeared to be progressing, with the Council setting a date for the second phase of collecting signatures, though it made the schedule strenuous, stretching the process into 2017 which made it impossible for the opposition to activate new Presidential Elections. On 21 October 2016, the Council suspended the referendum only days before preliminary signature-gatherings were to be held. The Council blamed alleged voter fraud as the reason for the cancellation of the referendum. Days after the recall movement was cancelled, 1.2 million Venezuelans protested throughout the country against the move, demanding President Maduro to leave office, with Caracas protests remaining calm while protests in other federal states resulted in clashes between demonstrators and authorities, leaving one policeman dead, 120 injured and 147 arrested. That day the opposition gave President Maduro a deadline of 3 November 2016 to hold elections, with opposition leader, Miranda Governor Henrique Capriles stating, "Today we are giving a deadline to the Government. I tell the coward who is in Miraflores ... that on 3 November the Venezuelan people are coming to Caracas because we are going to Miraflores". By 7 December 2016, dialogue halted between the two and two months later on 13 January 2017 after talks stalled, the Vatican officially pulled out of the dialogue. Further protests were much smaller due to the fear of repression, with the opposition organizing surprise protests instead of organized mass marches. Other actions by President Maduro and his Bolivarian officials included a 7 February 2017 meeting which announced the creation of the Great Socialist Justice Mission which had the goal of establishing "a great alliance between the three powers, the judiciary, the citizen and the executive", with Maduro stating that "we have been fortunate to see how the judicial power has been growing and perfecting, carrying a doctrine so complete with the constitution of 1999" while stating that the opposition-led National Assembly "took power not for the majority not for the people but for themselves". ==Events==
Events
Judicial events The Court ruled that the National Assembly was "in a situation of contempt", because of the aforementioned rulings against the election of some of its members. It stripped the Assembly of legislative powers, and took those powers for itself; which meant that the Court might have been able to create laws. The court did not indicate if or when it might hand power back. A statement issued by the court however stated that it would retain the powers of the legislature until the "contempt situation persists and the National Assembly actions are invalidated". to the Supreme Tribunal of Justice, which has a majority of government loyalists. The ruling also granted President Maduro the power to suspend elections, imprison opposition deputies and withdraw Venezuela from the Organization of American States. Ruling Nº 155 Ruling Nº 156 Reactions to the judicial ruling The move was denounced by the opposition, with Assembly President Julio Borges making statements on 30 March describing the action as a coup d'état by President Nicolás Maduro. Borges called on the military to intervene, stating that "they cannot remain silent in the face of the violation of the Constitution" and "that FAN officers are also going through drama caused by the high cost of life. We want to make a call on them to be the first guardians of democracy and the Venezuelan Constitution and that they become part of the solution." Finally, Borges called on international attention to the ruling and called for new protests saying "there is fear, there is repression, but it is time to stand up." Hours later, opposition officials gathered outside of the TSJ headquarters and were attacked by pro-government paramilitary groups called colectivos and National Guard troops. Deputy Juan Requesens was attacked by colectivo forces while Carlos Paparoni was pushed to the concrete by a National Guardsman. A journalist for the National Assembly's broadcast team, El Capitolio TV was struck in the head and required stitches. Government supporters and authorities also attempted to take recording devices away from the media on the scene. In a rare break of ranks, on 31 March 2017, pro-government Attorney General Luisa Ortega Díaz stated on Venezuelan state television while holding a copy of the 1999 Constitution that the TSJ's ruling was a "rupture of constitutional order" and that it was her "duty to inform my country of my deep concern over these events," with her audience responding with a lengthy applause. Borges, the Assembly President, stated that officials should follow Ortega's example and called on the military "to obey the orders of your conscience." though access to the meeting point was quickly blocked by the Bolivarian National Guard. Twelve subway stations were closed. Pro-government colectivos blocked opposition marches and fired weapons at protesters, with demonstrations resulting in the injuries of about 42 individuals, including seven police officers, while over 50 people were arrested. meeting with President Maduro on 1 April 2017 In reporting the story, The New York Times noted that in the previous few months Maduro had been swiftly consolidating power, and the Assembly was considered by many to be the sole remaining counterbalance to the President's control. It also noted that following such moves by the government, "many now describe as not just an authoritarian regime, but an outright dictatorship." Reversal of decisions Following the rare criticism from Attorney General Ortega, an inner-circle official, Maduro ordered a review of the TSJ's decision regarding the National Assembly. The opposition, however, dismissed the backtracking and called on Venezuelans "to take to the streets" against what they called an attempted coup, arguing that the moves proved that Maduro controlled the judiciary and therefore separation of powers did not exist in the republic. Protests in the country continued after the reversal with the opposition demanding early elections. Proceedings against TSJ Following the reversal of the rulings by the TSJ, the National Assembly prepared proceeding against the court, accusing the court of not being separated from the executive, though Reuters noted that "the move by the opposition-led congress would only be symbolic because it remains powerless". Following the criticism of the TSJ's ruling by Attorney General Ortega, there were calls for her to be involved in the so-called Republican Moral Council, made up of the Prosecutor's Office, the Office of the Comptroller and the Office of the Ombudsman, which had the right to remove members of the TSJ according to the Venezuelan constitution. During protests on 4 April, opposition leaders announced that they would pursue the removal of the seven judges who signed the rulings against the National Assembly. Constitutional assembly Proposal On 1 May 2017 following a month of protests that resulted in at least 29 dead, Maduro called for a Constitutional Assembly that would draft a new constitution that would replace the 1999 Venezuela Constitution. He invoked Article 347, and stated that his call for a new constitution was necessary to counter the actions of the opposition. Critics suspected that the members of the Constitutional Assembly would not be elected in open elections, but selected from social organizations loyal to Maduro. Diosdado Cabello pointed that the new constitution would prevent a politician similar to the Argentine Mauricio Macri from ever becoming president of Venezuela. Luis Salamanca, former rector of the National Electoral Council, considers that the front may not be capable to stop Maduro, as he is unwilling to negotiate the proposal. The next day on 23 May, Danilo Antonio Mojica Monsalvo, the magistrate of the Social Cassation Chamber of the TSJ announced his disagreement with President Maduro's Constitutional Assembly, stating that without a popular referendum voting on the assembly, the move would be "spurious ... a legal metaphor to describe what is done outside the Constitution". Another TSJ judge, Marisela Godoy, spoke out against Maduro's proposal, stating "At this moment I support, without any fear, the attorney general (Luisa Ortega Díaz), who is not any official" and that if she were to be criticized by the government, she "does not care". However, the Constitutional assembly proposal was accepted by the CNE, with an election slated for 10 July 2017. Reactions to constitutional assembly The call generated further protests. 920 Battalions were created and maintained, composed by 200,000 militias to respond to violent protests. Pedro Carreño, aide of Diosdado Cabello, stated that Venezuela would be suffering an attack similar to the 1973 Chilean coup d'état against Salvador Allende, and that those militias would prevent that. The constitution of Venezuela limits the scope of the military courts to crimes of a military nature. A "road map" was also enacted by the opposition which entailed the nullification of further actions performed by the TSJ, the call for a continuous, peaceful protest movement "until the restitution of the constitutional order" and for Venezuelans to continue to confront President Maduro's constitutional assembly. Article 333 Article 350 Reactions to parallel government According to Jose Vicente Haro, a constitutional lawyer, the Venezuelan opposition should name new directors of Venezuela's branches of government in order to establish a parallel government and to further pursue corrupt individuals, however noting that the Bolivarian government may attempt to jail opposition leaders. ==Reactions==
Reactions
Domestic • Venezuela – Foreign minister Delcy Rodríguez described the international rejection to the ruling as a right-wing conspiracy against President Maduro, and dismissed the OAS as "imperialist". • Organization of American States – Secretary General Luis Almagro promptly denounced the move and called for the urgent convocation of the Organization's Permanent Council under Article 20 of the Inter-American Democratic Charter. • Mercosur – In a 31 March statement, the bloc expressed that, "In the face of the grave institutional situation in the Bolivarian Republic of Venezuela ... (members) have decided to call an urgent meeting of Foreign Ministers ... to analyze possible solutions ... The founding countries of Mercosur reiterate their unalterable support for the fundamental principles of the rule of law and for the preservation of democracy in the Latin American region". A day later on 1 April, Mercosur activated a democratic clause due to the "lack of separation of powers", with the clause used to closely monitor the state of democracy in Venezuela, which "does not imply the expulsion". Members also said that they would present a similar case to the OAS so the Inter-American Democratic Charter could be invoked. Governments • – President Mauricio Macri said "reshaping the democratic order" in Venezuela was necessary, demanding Venezuela to establish an electoral schedule and release political prisoners. • – The Ministry of Foreign Affairs issued a statement saying, "Full respect for the principle of independence of powers is an essential element for democracy. The decisions of the Supreme Court violate this principle and fuel political radicalization". • – The Ministry of Foreign Affairs stated that the government had a "deep concern about the recent decisions of the Supreme Court of Justice of the Bolivarian Republic of Venezuela" and that "Guatemala reiterates its conviction of preserving the rule of law, adherence to constitutional rules, separation of powers, free expression of thought and unrestricted respect for Human Rights, essential values to conserve and consolidate a representative democracy". • – The Government of Russia said in a statement that "External forces should not add fuel to the fire to the conflict inside Venezuela" and that they "are confident in the principle of non-interference in internal affairs". OthersSocialist International – In a statement titled The Last Vestiges of Democracy in Venezuela Fall, the group stated that the TSJ's declaration was "a critical blow to the last vestiges of democracy" in Venezuela, further stating that "Socialist International, in the face of the gravity of what is happening in Venezuela, condemns and denounces with force and conviction the decision of the TSJ". • Marco Rubio, U.S. Senator from Florida, made a public statement on Twitter, stating "Venezuela now officially a dictatorship after Supreme Court assumes powers of opposition-controlled congress." ==See also==
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