This man seen on the ground Dec. 3d. in Chuao when he was gassed by his own mates (see picture that day before he was gassed), General Carlos Martinez of the National Guard, was detained today by the Intelligence police. His lawyers and reporters were outside the intelligence police headquarters when the intelligence police began throwing tear gas at them. The head of the intelligence police had threatened the lawyers which Chavez’ “Bolivarian Circles” who have now shown up to throw stones at the laywers, reporters and by now, protesters. Gral. Martinez has been denied the right to have a lawyer or prosecutor present in violation of the law, his civil and human rights. A small battle between the opposition and the circles has now developed. No police anywhere in sight. There is at least one person injured so far and three four vehicles damaged by Chavez’ supporters, including a wagon from one of the TV stations. (Globovision is showing a video in which someone from the inside of the intelligence police waves at the Bolivarian circles to come down)
According to the new Chavez-promoted Constitution (Art. 266, #3) and ratified by decisions by the current Supreme Court, a high ranking officer of the Venezuelan military can not be tried, investigated or jailed by a military Court, unless the Venezuelan Supreme Court establishes in a pre-trial that there is evidence against him. No such a pre-trial has taken place against General Martinez, thus, he can not be detained, least of all without the presence of a prosecutor and his lawyer.