Identifier
Created
Classification
Origin
03GUATEMALA1530
2003-06-13 17:43:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Guatemala
Cable title:  

ELECTORAL TRIBUNAL UPHOLDS BAR AGAINST RIOS MONTT

Tags:  PGOV KDEM PREL PINR GT 
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UNCLAS GUATEMALA 001530 

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PGOV KDEM PREL PINR GT
SUBJECT: ELECTORAL TRIBUNAL UPHOLDS BAR AGAINST RIOS MONTT

REF: GUATEMALA 1479

UNCLAS GUATEMALA 001530

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PGOV KDEM PREL PINR GT
SUBJECT: ELECTORAL TRIBUNAL UPHOLDS BAR AGAINST RIOS MONTT

REF: GUATEMALA 1479


1. (U) By a three to two vote on June 12 the Supreme
Electoral Tribunal (TSE) upheld a ruling from the Registry of
Citizens (reported RefTel) barring President of Congress
Efrain Rios Montt from running for president. The ruling was
based on Article 186 (a) of the Constitution. Rios Montt has
announced he will appeal this ruling to the TSE, and if
reaffirmed, to the Supreme Court. Constitutional experts
estimate that the full appeal process including the Supreme
and Constitutional Courts could take at least another month
to complete.


2. (SBU) Before announcing the ruling, TSE President Oscar
Bolanos privately expressed concern to us about recent
threats to his family's security. He received a call on the
eve of the ruling detailing all of his daughter's movements
the day before. The Ambassador called Bolanos to express
concern over the threats Bolanos has been receiving, and to
tell him that we expedited a visa for Bolanos' daughter to
travel to the U.S. on June 12.


3. (U) In another electoral development, Romeo Alvarado
Polanco, one of five Constitutional Court magistrates who
will ultimately have to rule on Rios Montt's eligibility to
run, resigned on June 12. Alvarado had been appointed to the
court by President Portillo and had voted in favor of several
resolutions favoring views of the governing Guatemalan
Republican Front (FRG),including the GOG's controversial
Euro-bond issue. The President has constitutional authority
to name a replacement for Alvarado. The other four
Constitutional Court justices were selected by the Supreme
Court, Congress, the High Council of the University of San
Carlos, and the Bar Association, respectively.

Comment
--------------


4. (SBU) The TSE ruling bolsters the rule of law and took
courage. The desertion from the Constitutional Court appears
to reflect the opposite. His sudden departure will be read
by most observers as indicating that pressure and threats,
like those received by Bolanos, are starting to weigh on all
those who have to decide this controversial case.
HAMILTON