Caracas (OrinocoTribune.com)—Far-right leaning “human rights activist” Enrique Ochoa Antich has made claims that the letter of the Venezuelan Constitution does not account for a situation as “extraordinary” as the one currently facing the country. The politician addressed far-right claims regarding the alleged need for early elections following the US empire’s bombing of Venezuela and the kidnapping of President Nicolás Maduro and Deputy Cilia Flores on January 3.
“Regardless of what some may think, the person who held the presidency of the republic and the head of state until January 3 was illegally kidnapped, which in no way constitutes grounds for declaring his absence, either temporary or absolute,” he claimed this Monday, April 6, as reported by Punto de Corte. He attempted to state that there is not a single reference to such a scenario in the Constitution.
For Ochoa Antich, it would be a contradiction for the Venezuelan state to validate an “absence” that resulted from an act of imperialist coercion against the will of President Maduro.
“That is why the periods established in the Constitution of 90 and 180 days for an interim presidency by the vice president do not apply in the current case of Delcy Rodríguez’s acting presidency,” he said. He pointed out that this status was clearly established by the January 5 Supreme Court (TSJ) ruling.
Ochoa Antich is currently running for the post of Ombudsman, a position being selected by the National Assembly. He and opposition journalist Vladimir Villegas are considered to be in the top three list. Analysts suggest the Chavista majority may be willing to concede the Ombudsman post to the opposition; however, they emphasize that the post of Attorney General—also currently in a selection process—will under no circumstances be handed to opposition politicians.
Ochoa Antich noted that the Constitution establishes the TSJ as the only institution with the authority to interpret the law. The high court exercised this power when it ordered the then-vice president to assume the acting presidency as a precautionary measure.
“Ours is a sudden, unexpected, and extraordinary situation,” he stated.
Ochoa Antich emphasized that forces seeking democratic change must support the stability of the current government while promoting the political, economic, and social reforms necessary for Venezuela’s recovery.
“There will be elections, but not immediately—perhaps in two or three years, after the necessary reforms, including constitutional ones,” the politician added. He suggested a “bottom-up” electoral schedule, starting with municipal elections, followed by state and National Assembly contests, and culminating finally in a presidential election.
Delcy Rodríguez Sworn in as Venezuela’s Acting President Following US Military Aggression
Constitutional succession
Delcy Rodríguez assumed the role of acting president on January 6, following a January 3 ruling by the TSJ. The court appointed her to the position while evaluating Articles 234 and 239 of the Constitution regarding presidential succession under the extraordinary circumstances of President Maduro’s absence—a situation never contemplated during the document’s drafting. Legal experts note that the court’s decision effectively suspends the immediate call for presidential elections.
While the Venezuelan Constitution generally stipulates that the vice president fills a vacuum in the president’s absence and calls for elections within 30 days if the absence occurs early in the term, the TSJ ruling clarifies that the specific definitions of “temporary” or “absolute” absence described in the Constitution have not been met in this extraordinary case of international kidnapping by the US entity.
Special for Orinoco Tribune by staff
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