SUPREME COURT SUSPENDS REGISTRATION OF RIOS MONTT

UNCLAS GUATEMALA 001862 SIPDIS SENSITIVE E.O. 12958: N/A TAGS: PGOV PINR PREL PHUM KDEM GT SUBJECT: SUPREME COURT SUSPENDS REGISTRATION OF RIOS MONTT CANDIDACY; OPPOSITION RALLY STRENGTHENS BERGER REF: A. GUATEMALA 1805 ¶B. GUATEMALA 1774 ¶C. GUATEMALA 1760 ¶1. (U) On July 20, the Supreme Court accepted two appeals filed by opposition political parties against the presidential candidacy of former General Efrain Rios Montt, and suspended registration of the candidate until the court hears the appeal. The President of the Supreme Court immediately recused himself and the other members of the Supreme Court from hearing the case, based on the fact that they had already stated their position on the matter in their earlier vote (reftels). A "special" Supreme Court was appointed to hear the case, made up of the 13 appeals court magistrates. Some accounts say that this court could rule on the appeals as early as this week. ¶2. (U) Jorge Arevalo, FRG Congressman and spokesman for the Rios Montt presidential campaign, called the Supreme Court's decision "madness," saying that Guatemalan law does not allow for an appeal to a decision of the Constitutional Court. If the newly conformed "special" Supreme Court were to uphold the appeal, however, we understand the FRG could once again appeal its decision to the Constitutional Court, which just ruled in favor of Rios Montt's candidacy. By accepting the appeal in the first place, the Supreme Court challenged the constitutional (and conventional) wisdom that the Constitutional Court is the last court of appeals on constitutional matters. ¶3. (SBU) Earlier on July 20, GANA coalition presidential candidate Oscar Berger held a rally in the main square of Guatemala City to protest the Constitutional Court's decision. CNN estimated that 3,000 people, all dressed in black, attended the rally. While the demonstration did not draw in the 10,000 people expected by organizers, it gave Berger the support of many civil society and center-left political leaders, who joined him on the stage to denounce the latest action of the FRG. The symbolism of the July 20 rally -- with the diverse opposition groups so disgusted with the FRG that they were prepared to embrace the center-right Berger publicly -- sent the signal to Guatemalan voters that the best way to defeat the FRG in the coming election is to swallow their differences and throw their lot behind the candidate with the best chance of defeating the FRG. ¶4. (SBU) Comment: The facts and motives behind the Supreme Court's decision to accept the two appeals against Rios Montt's candidacy are not all clear yet. But they create an unfortunate perception that the Supreme Court, like the Constitutional Court, is not above partisan preferences. Its tacit, if not explicit, disavowal of the Constitutional Court's role as court of last instance creates a constitutional challenge which could have broader implications. We recommend press guidance that steers us clear of this issue, i.e. that this is an issue for Guatemalan institutions to decide. HAMILTON