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