SUPREME COURT STRIKES DOWN RIOS MONTT CANDIDACY,

UNCLAS GUATEMALA 001743

SIPDIS

E.O. 12958: N/A
TAGS: PGOV KDEM PINR PREL GT
SUBJECT: SUPREME COURT STRIKES DOWN RIOS MONTT CANDIDACY,
LEAVING CONSTITUTIONAL COURT AS FINAL ARBITER

REF: A. GUATEMALA 1479

B. GUATEMALA 1530

C. GUATEMALA 1561


1. (U) On July 4, the Supreme Court denied the appeal of FRG
presidential candidate Efrain Rios Montt against a decision
of the Registry of Citizens (Ref A) which stated that he
could not be a candidate for President based on prohibitions
contained in Article 186 of the Constitution. Twelve of the
Supreme Court magistrates voted to uphold the decision of the
Registry of Citizens, and one voted against. The Supreme
Court decision was widely expected, following an earlier
ruling by the Supreme Electoral Tribunal (reftels).


2. (U) Rios Montt's legal representatives appealed the
Supreme Court decision to the Constitutional Court, which has
ten days to rule. The Constitutional Court has the final say
in the matter, and its decision can not be appealed. Press
reports claim that Rios Montt told followers that four of the
seven Constitutional Court magistrates favor overturning the
decision of the Registry of Citizens, thus allowing him to
run for President. It is widely believed that the
Constitutional Court in fact may be favorable to a
constitutional interpretation that would enable Rios Montt to
be a candidate.


3. (U) Opposition and civil society leaders quoted in the
anti-government press lauded the decision of the Supreme
Court. They called on the Constitutional Court to follow the
lead of the Registry of Citizens, the Supreme Electoral
Tribunal and the Supreme Court.
HAMILTON