RIOS MONTT CANDIDACY FACES FIRST LEGAL CHALLENGE

UNCLAS GUATEMALA 001479 SIPDIS SENSITIVE E.O. 12958: N/A TAGS: PGOV PREL PHUM KDEM PINR GT SUBJECT: RIOS MONTT CANDIDACY FACES FIRST LEGAL CHALLENGE ¶1. (SBU) Summary: The GOG's Registry of Citizens announced on June 6 its rejection of Efrain Rios Montt's presidential candidacy. Rios Montt announced his intention to appeal the decision, a process involving several different institutions which could take months. The deadline for candidates to be registered for the November 9 election is September 9. On June 4, Congress appointed a new magistrate to the Supreme Electoral Tribunal, filling a vacancy which some argued could have clouded the legitimacy of the electoral process. End Summary. ¶2. (U) On June 6, the Registry of Citizens turned down Rios Montt's request for a certificate that he meets all the qualifications established in the Constitution to be a candidate for President. Obtaining this certificate is the first step for any candidate before they can register their candidacy with the Supreme Electoral Tribunal (TSE). The decision, based on Article 186(a) of the Constitution, which prohibits candidates who took office as a result of extra-constitutional means, was expected. Rios Montt's request was based on the principle that the 1985 Constitution is not retroactive in its application to his de-facto presidency, from March 23, 1982 to August 8, 1983. The Registry decision noted that Article 186(a) was written in the past tense, indicating retroactivity. The Registry had previously rejected Rios Montt's eligibility to run for president in 1990 and 1995. Reaction to Registry Decision -------------- ¶3. (U) While the political opposition and constitutional scholars applauded the Registry's ruling, Rios Montt said he will appeal. On June 7 he told reporters that the Registry had exceeded its authority by making a legal interpretation of his qualifications. President Portillo also supported Rios Montt's right to run, saying he knew of "no impediment" to his candidacy. On the campaign trail in Western Guatemala, Rios Montt reportedly declared that "if they do not permit me to participate, they will violate my rights, the law is not retroactive and it will be the people who elevate me to the Presidency." Asked if the FRG was considering a replacement candidate, he said "there is no substitute." The FRG reportedly filed an appeal with the Registry after its decision on June 6. Rios Montt drew a crowd of 20,000 supporters in Totonicapan on June 6, and continued to campaign over the June 7-8 weekend. Civil society and some opposition party representatives hailed the Registry's decision as strengthening the rule of law in Guatemala. The Appeal Process -------------- ¶4. (U) The Registry's rejection of Rios Montt's candidacy can be appealed to the Department of Political Organizations of the Registry of Citizens within three days. (Note: Press reported that the FRG sent documents to the Registry on June ¶6. End Note.) The director of the Registry has 8 days to decide on the appeal. If the Registry reaffirms its ruling, the FRG can appeal to the Supreme Electoral Tribunal. The Tribunal's ruling, in turn, can be appealed to the Supreme Court's Court of Appeals. Finally, the Supreme Court's ruling can be appealed to the Constitutional Court, constituted as the Extraordinary Tribunal of Injunction ("Amparo," in Spanish). Congress Fills a Gap on the TSE -------------- ¶5. (U) On June 4 Congress elected Sergio Mijangos to fill a vacancy on the TSE by 77 votes from the FRG and PAN. Mijangos was elected to serve as the replacement for a judge who never took office, creating a vacuum in the 5-member court. Mijangos had served as Registrar of Property and Secretary General of the Public Ministry from 1994-96. SIPDIS Comment -------------- ¶6. (SBU) The decision by the Registry of Persons is a significant, if expected, blow to Rios Montt's candidacy. The Registry's legal challenge is significant in that it forces Rios Montt (rather than his many opponents) to file the appeal. The FRG leadership has vowed to pursue appeals at all levels to resolve the eligibility issue by September 9, the deadline for inscription of candidates. Politically, the Registry's ruling main significance is to show that at least one Guatemalan official institution does not believe that Rios Montt is constitutionally eligible to be a candidate. HAMILTON