RECUSAL OF CONSTITUTIONAL COURT MAGISTRATES

UNCLAS GUATEMALA 001774

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PGOV KDEM PINR KJUS GT
SUBJECT: RECUSAL OF CONSTITUTIONAL COURT MAGISTRATES
GENERATES GREATER UNCERTAINTY OVER RIOS MONTT CANDIDACY

REF: GUATEMALA 1760


1. (SBU) Summary: The recusal of one Constitutional Court
magistrate and attempted recusal of five others on July 9
created a temporary crisis in the Court's consideration of
the case involving the eligibility of Efrain Rios Montt to be
a presidential candidate. The crisis was resolved when the
Court accepted the recusal of the first magistrate, but then
turned down the recusal of the remaining five. The Court
replaced the recused magistrate with the only alternate that
did not attempt to recuse himself, and the public hearing of
the Rios Montt case is scheduled to proceed on the evening of
July 10. The court has five days after the hearing to
present its ruling. The recusals and consequent replacement
of one magistrate create greater uncertainty over the outcome
of the case, as the magistrate that recused himself was
widely viewed as pro-Rios Montt, and the loyalties of the
replacement is uncertain. End summary.


2. (SBU) The decision by President of the Constitutional
Court Mario Ruiz Wong to select two alternate members of the
court hearing the Rios Montt candidacy case by a lottery that
was not transparent (reftel),led permanent member Nery Saul
Dighero on July 8 to recuse himself from hearing the case.
Dighero was widely viewed as being sympathetic to Rios
Montt's candidacy, and his departure threatened the presumed
4 to 3 majority Rios Montt was believed to have in the court.
In response, on July 9 two other permanent members of the
court and three alternates (all viewed as opposing Rios
Montt's candidacy) wrote the President of the Court to recuse
themselves also from the case. These recusals, if accepted,
would have deprived the Constitutional Court of the quorum
necessary to decide the Rios Montt case.


3. (SBU) Court President Ruiz Wong called an urgent meeting
of the Court (which the recused members attended),and voted
on the recusals. The Court, by a one vote majority accepted
the recusal of Dighero, replaced him with alternate
magistrate Carlos Reynoso Gil, and turned down the recusals
of the other five magistrates. The action permitted the
Court to go ahead with the public hearing of the Rios Montt
case, scheduled for the evening of July 10. The Court has
five days after the hearing to render a verdict.


4. (SBU) Comment: Opponents of Rios Montt's candidacy viewed
the recusal of the five magistrates as a way to force
Constitutional Court President Ruiz Wong to re-hold the
lottery for the two alternate magistrates in a transparent
manner that would ensure that the composition of the Court
was not manipulated in favor of Rios Montt. The decision of
the Court, by a majority vote with all magistrates present,
to not accept the five recusals, however, allowed the Court,
as conformed, to proceed with the hearing. The only question
now is how the new magistrate, Carlos Reynoso Gil, will vote.
Opponents of Rios Montt's candidacy suspect, from his
refusal to join the other magistrates in recusing themselves,
that he may favor Rios Montt and be the vote tipping the
Court in favor of the former General, but this remains to be
seen.
HAMILTON