Identifier
Created
Classification
Origin
03GUATEMALA1888
2003-07-23 23:22:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Guatemala
Cable title:  

CONSTITUTIONAL COURT UPHOLDS APPEAL IN RIOS MONTT

Tags:  PGOV PINR PINS PREL PHUM KDEM GT 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS GUATEMALA 001888 

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PGOV PINR PINS PREL PHUM KDEM GT
SUBJECT: CONSTITUTIONAL COURT UPHOLDS APPEAL IN RIOS MONTT
CASE; STREET PROTESTS BY RIOS MONTT SUPPORTERS EXPECTED

REF: GUATEMALA 1862 AND PREVIOUS

UNCLAS GUATEMALA 001888

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PGOV PINR PINS PREL PHUM KDEM GT
SUBJECT: CONSTITUTIONAL COURT UPHOLDS APPEAL IN RIOS MONTT
CASE; STREET PROTESTS BY RIOS MONTT SUPPORTERS EXPECTED

REF: GUATEMALA 1862 AND PREVIOUS


1. (SBU) The Constitutional Court met on July 23 to hear the
FRG's appeal ("ocurso" in Spanish) to the appeal filed by two
political parties against the earlier Constitutional Court
decision which allowed former de facto President Efrain Rios
Montt to become a presidential candidate (reftels). Again,
one permanent magistrate recused himself, and an alternate
(Gloria Melgar) replaced him. When the President of the
Court called the vote, three magistrates (including the newly
added alternate) voted to uphold the Supreme Court's decision
to accept the appeal, i.e. ruling against Rios Montt. The
President of the Constitutional Court and the other
magistrate who voted for Rios Montt are reported to have
stormed out of the session, refusing to sign the court's
decision. The newest decision by the Constitutional Court
does not resolve the case against the General, but by
upholding the Supreme Court's right to hear the appeal it
threatens to prolong the legal debate and makes it clear that
the ruling FRG might not be able to control the
Constitutional Court's ultimate decision.


2. (SBU) Rios Montt had earlier told the press that, in the
event his candidacy continued to suffer legal hurdles, he
could not control his supporters who would likely protest in
the streets. Many opposition leaders saw this as a
not-too-thinly veiled threat of violence. Following the
ruling of the Constitutional Court, opposition party leaders
have told us that they have heard radio reports calling for
protests on July 24 in the departmental capitals of Santa
Cruz del Quiche and Coban, as well as in the capital. In
Santa Cruz del Quiche, pro-Rios Montt protesters were
reportedly summoned to protest in front of the Pollo Campero
(owned by opposition financier Dionisio Gutierrez).


3. (SBU) Comment: The Ambassador and A/DCM have placed calls
to leading FRG legislators (who are all huddled in a closed
door meeting) to urge them to restrain their followers and
ensure that there is no violence. The calls had not been
returned as of the transmission of this cable, but we will
continue pressing for a response.
HAMILTON