They separated almost 6,000 sergeants from the Venezuelan Armed Force for "ignoring the appeal of their natural commanders."

[Inkriql]

The defections in the Bolivarian National Armed Forces are alarming: only so far in 2019 the number reaches 6,000 Troop soldiers in a single component of the four that the military institution has. That is why the general commander of the Bolivarian National Guard (GNB), MG Fabio Enrique Zavarse Pabón, ordered that they be removed from the component.

They are exactly 5,976 sergeants. That is to say that there are no lieutenants, captains, elders, lieutenant colonels, colonels or generals, so that figure grows like foam. The communication with which Zavarse disincorporates them is No. 47238, dated December 7 and does so arguing to safeguard public assets. "To ensure the timely, effective, effective and efficient administration of human resources." In addition, reinforce the fundamental pillars of the Armed Forces.

“Having as a north to deposit in the members of the National Guard principles and values that must be maintained in military professional life acting with honesty, equity, decorum, loyalty, vocation of service, discipline, efficiency, effectiveness, responsibility, punctuality, sense of belonging , belonging and transparency ”.

He considers that this professional troop “is in a diffuse state within the component despite the repeated call to normalize its condition. To date, the majority of military personnel in this situation have ignored the appeal of their natural commanders, creating an environment of disobedience and indiscipline affecting the legal interest of public heritage. ”

Expresses that "these military unilaterally decided not to return to the units or units to which they are written." This is how he orders the separation of the Armed Forces from almost five thousand professional troop members of the National Guard.

Is not legal

To separate a member of the armed institution there must be a legal procedure. Commander Zavarse Pabón makes an important omission, because no one can be discharged or unincorporated, even in the absence, but there must be a decision of the Research Council in this case.

He is repeating what Nicolás Maduro in degrading or expelling several officers from the Armed Forces as he has done repeatedly, without performing a prior legal procedure.

The GNB General Commander conceals his decision by citing several articles. Here we transcribe the norms he quotes and none support the decision he made.

Constitution of the Bolivarian Republic, which cites articles 2, 137 and 141. The 2 says that Venezuela constitutes a democratic and social State of Law and Justice. 137 says that the Constitution and the law will define the powers of the bodies that exercise the Public Power. And 141 expresses that the Public Administration is at the service of citizens, explaining what it is based on.

In the case of the Organic Law of the Armed Forces, General Zavarse cited articles 1, 4 (apart 17) and 63. The 1 is the object of the Law. The 4 that are the functions of the FANB, expressed in the separate 17: "Participate in the protection of public heritage in any form of manifestation." And 63 determines the military hierarchy of the Professional Troop.

The article citing the Organic Law of the Comptroller General of the Republic and the National Fiscal Control System, No. 35, refers to Internal Control to safeguard its resources.

As for what he cited about the Organic Law of National Security, Article 5 states that "the State and society are jointly responsible for security and integral defense of the Nation ...". The 8 states that "the State must strengthen, through its governmental bodies, democratic institutions ...".

And finally the Law against corruption, of which he cites articles 1, 13, 17 and 19. Starting from the fact that 1 is the object of said Law, 13 says that “public officials and employees are at the service of the State and not of any political or economic bias ... ” The 17 on the administration of public goods and resources. And 19 states that public officials and employees will act in accordance with the provisions of the law.

When a legal or regulatory provision leaves a decision, measure or providence in its judgment or discretion, it must be sufficiently motivated and maintain due proportionality and adequacy with the assumption of fact and with the purposes of the rule, and comply with the procedures, requirements and formalities necessary for its validity and effectiveness ”.
Military expelled
Military expelled

This is how the following number of sergeants are formally left out of the Armed Forces, broken down according to their hierarchy:

SS Sergeant Supervisor: 11

SA Assistant Sergeant: 8

SM1 Sergeant Major First: 11

SM2 Sergeant Major of Second: 36.

SM3 Sergeant Major of Third: 413.

S1 First Sergeant: 2468.

S2 Second Sergeant: 3026.