PRESIDENT OF SUPREME ELECTORAL TRIBUNAL DISCUSSES

C O N F I D E N T I A L GUATEMALA 001243

SIPDIS

E.O. 12958: DECL: 05/08/2013
TAGS: PGOV EAID PREL PINR KDEM GT
SUBJECT: PRESIDENT OF SUPREME ELECTORAL TRIBUNAL DISCUSSES
UPCOMING ELECTIONS WITH AMBASSADOR


Classified By: AIDOFF Todd Amani for reason 1.5 (b)(d)


1. (C) Summary: During a courtesy call by the Ambassador,
the President of the Supreme Electoral Tribunal (TSE)
indicated his belief that General Rios Montt is prohibited by
law from being a candidate for president, but noted that if
the TSE is asked to decide this question, other magistrates
may have different views. He stated that the TSE would be
seeking a decision from the Constitutional Court to force the
Congress to name a new magistrate to fill the position left
open when one of the original magistrates selected by the
Congress refused to take the position. He also indicated
that the Carter Center had sought him out to discuss an
election observation mission. End summary.

TSE Position on Rios Montt Candidacy

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2. (C) The Ambassador paid a courtesy call on President of
Guatemala's Supreme Electoral Tribunal Oscar Bolanos on May
7, 2003 to express support for their efforts and review
current issues facing the Tribunal. In response to a
question about what the TSE will do if General Rios Montt
attempts to register as a candidate, Bolanos indicated that
he believes it is clear under the law that he cannot be a
candidate. When asked how other magistrates feel about the
issue, Bolanos indicated that he had spoken to two of them
and believes there may be some willingness by others on the
TSE to approve Rios Montt as a candidate. (COMMENT: Bolanos

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position on this issue could be important if the TSE must
rule on Rios Montt's candidacy. Observers believe two of the
current magistrates may have links to the FRG, while the
remaining two seem to operate more independently. Thus,
Bolanos' position on the five-person tribunal could be the
determining vote. Even if the TSE were to disapprove a Rios
Montt candidacy, it would likely be appealed to the
Constitutional Court which could well approve his candidacy.
END COMMENT)

Addressing Disputed TSE Position
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3. (C) The Ambassador raised the issue of the TSE position
that was not filled after the new TSE was initially named,
noting that an OAS legal review suggested that Congressional
failure to select a new magistrate could leave the TSE open
to legal challenges at any point during the election process.
Bolanos indicated that the TSE has pressed this issue with
Congressional leaders repeatedly since they took office but
have been told that Congress is unable to get the two-thirds
vote needed to name a new magistrate. Referring to the law,
he noted that he believes the current situation whereby a
suplente has filled the position is defensible legally (as
the FRG leadership has stated to Embassy officers),but the
TSE believes the questions raised about this situation could

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damage the credibility of the institution during the election
period. He noted confidentially that the TSE would be
seeking a ruling from the constitutional court the following
day to force the hand of the Congress on this issue.
(COMMENT: Legal opinions on this matter seem to differ, but
Bolanos is probably right that this issue needs to be
addressed for political reasons. Court action may put
increased pressure on the Congress to get the few remaining
votes needed to name a new magistrate and resolve this
situation. END COMMENT)

Carter Center Interest In Observation Mission
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4. (SBU) In response to a question about various planned
observation missions to be carried out by the OAS, EU, and
local civil society groups, Bolanos noted that he had been
sought out by the Carter Center while observing the Argentina
election process regarding a possible observation mission to
Guatemala. He noted that the TSE is generally supportive of
these efforts. (COMMENT: Embassy was not aware of Carter
Center plans for an observation mission, but welcomes their
involvement if they have funding from other sources. At this
point we do not have resources available to fund a Carter
Center observation effort.)
HAMILTON