60. During 2001 and 2002 Venezuela faced a serious institutional and political crisis under which
opposition parties and civil society organizations promoted a consultative referendum to request the
resignation of President Hugo Chavez. To this end, the organizations collected signatures and on 4 November,
2002 handed to the National Electoral Council over two million signatures9.
61. In November 2002, during a television program, President Chavez said he would not resign his
position by stating that "not even assuming that the National Electoral Council decreed that the question (of
the consultative referendum) is valid. Nor in the event that the Supreme Court says so. Nor in the event that
they do the referendum and draw 90% of the votes, I will not resign!” 10.
62. On December 3, 2002, by Resolution 021203-457, the National Electoral Council called for voters
to participate in the national advisory referendum on the presidential term set for February 2, 200311 .
63. Then, on December 30, 2002, three members of the Fifth Republic Movement political party filed
a claim for "annulment with request for constitutional amparo" against Resolution No. 021203-457 of
December 3, 2002, published in the Electoral Gazette No. 168 of December 5, 200212.
64. On January 22, 2003, 10 days before the date for carrying out the consultative referendum, the
Acting Chamber for Electoral Matters of the TSJ resolved the request for constitutional amparo and the
annulment claim, and ordered the CNE to: a) refrain from initiating electoral or referenda processes and
suspend those already initiated; b) refrain from conduction sessions with the participation of Leonardo Pizani;
and c) suspend the effects of Resolution No. 021203-45713 given that in the approval of that decision a person
who had already resigned to his position as deputy participated in the Board, therefore that decision is
detrimental to "the right to participate in public affairs of both the appellants, and in generally all voters (...)"14.
In light of the above, the CNE suspended the call for a consultative referendum and restricted its activities to
those of an administrative nature15.
2. The second collection of signatures: “El Firmazo”
65. In view of the decision of the Electoral Chamber of the TSJ, political parties and members of civil
society determined to carry out on February 2, 2003 a second collection of signatures known as “El Firmazo”,
this time for a referendum with a recall nature for the Presidential term. In said collection drive, more than
three million signatures were collected16.
9
Project Súmate, available at: http://www.sumate.org/proyectos.html.
10 Analytics, Chavez: I will not resign even if they get 90% of the votes in the referendum, November 25, 2002, available at:
http://analitica.com/actualidad/actualidad-nacional/chavez-no-renunciare-aunque-logren-90-de-votos-en-el-referendum/. El Día [‘The
Day’], The Supreme Court annuls the February 2 referendum, November 29, 2002, available at: http://eldia.es/venezuela/2002-11-29/2Tribunal-Supremo-Justicia-anula-referendum-febrero.htm.
11
National Electoral Council Resolution No. 021203-457, Electoral Gazette
http://www.cne.gob.ve/web/gaceta_electoral/gaceta_electoral_detallado.php?tg=1&num_gac=168.
No.
168,
available
at:
12 Acting Chamber for Electoral Matters of the Supreme Court of Justice, Decision that grants the constitutional precautionary
amparo, January 22, 2003, available at: http://historico.tsj.gob.ve/decisiones/selec/enero/3-220103-X-0002.HTM, Súmate Progress
Report
"The
Presidential
Recall
Referendum",
September
7,
2004,
page
14,
available
at:
http://infovenezuela.org/democracy/attachments-spanish/T3%20ST03%20N8%20Avance%20Sumate%20RRP1-1.pdf.
13 Acting Chamber for Electoral Matters of the Supreme Court of Justice, Decision that grants the constitutional precautionary
amparo, January 22, 2003, available at: http://historico.tsj.gob.ve/decisiones/selec/enero/3-220103-X-0002.HTM.
14 Acting Chamber for Electoral Matters of the Supreme Court of Justice, Decision that grants the constitutional precautionary
amparo, January 22, 2003, available at: http://historico.tsj.gob.ve/decisiones/selec/enero/3-220103-X-0002.HTM.
15 Súmate Progress Report "The Presidential Recall Referendum", September 7, 2004, page 14, available at:
http://infovenezuela.org/democracy/attachments-spanish/T3%20ST03%20N8%20Avance%20Sumate%20RRP1-1.pdf.
16 Súmate Progress Report "The Presidential Recall Referendum", September 7, 2004, page 15, available at:
http://infovenezuela.org/democracy/attachments-spanish/T3%20ST03%20N8%20Avance%20Sumate%20RRP1-1.pdf
10