POLICE CHIEF MANCHAME FIRED; CONSTITUTIONAL COURT

UNCLAS GUATEMALA 001944

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PGOV PINR KDEM ASEC GT PJUS
SUBJECT: POLICE CHIEF MANCHAME FIRED; CONSTITUTIONAL COURT
REJECTS LATEST FRG APPEAL

REF: GUATEMALA 1908


1. (U) Summary: Responding to accusations that the Police did
not ensure public order during the protests of July 24-25,
Government Minister Reyes Calderon fired Police Chief
Manchame on July 27. On July 28, the Constitutional Court
rejected the FRG's latest appeal on behalf of Rios Montt.
The FRG has filed a new appeal before the Constitutional
Court, while the Supreme Court is expected to rule soon on
the original appeal to the decision that Rios Montt can be a
candidate. End Summary.


2. (SBU) Accusations that the GOG did not fulfill its
obligation to ensure public safety during the violent
protests by the FRG on July 24-25 led the GOG to remove
Police Chief Raul Manchame on July 27. It remains unclear who
was responsible for the lack of police action to maintain
order during the protests, with some sectors blaming
Manchame, others blaming the Minister of Government and
others saying the police officers in the street did not
follow orders. The Minister of Government named Oscar Segura
Sanchez to replace Manchame on July 28, and promised to
provide police protection for citizens during future
protests. Manchame later gave a press conference in which he
loyally refused to blame his superiors. Little is known
about Segura Sanchez, who has only been named Acting Police
Chief and who may yet face fallout for last weeks
disturbances given his role as Chief of Police Operations.


3. (SBU) On July 28, the Constitutional Court rejected one of
the FRG's petitions to order the Supreme Electoral Tribunal
to obey the Constitutional Court's July 14 decision to
register (ret.) General Rios Montt as a presidential
candidate. The Court again had to draw at random on an
alternate justice to replace a permanent magistrate who had
recused himself. The alternate, as in the previous draw, was
one of the justices opposed to Rios Montt, giving the Court a
3-to-2 majority against the FRG's motion. The FRG has filed a
new appeal before the Constitutional Court in the hopes that
the draw to replace the missing permanent member will this
time favor the FRG. Meanwhile, the Supreme Court continues
to hear the appeal to the Constitutional Court's original
decision to allow Rios Montt to be a candidate. A decision
is expected before August 6.


4. (SBU) Comment: Rightly or wrongly, former Police Chief
Manchame was made the scapegoat for the GOG's inaction to
preserve public order during the recent FRG protests. He was
the Portillo Government's seventh Chief of Police. We have
worked well with Manchame during his brief tenure as Police
Chief, and will begin engaging his successor as soon as he is
settled in his office.


5. (SBU) Comment continued: Sooner or later the FRG expects
to draw an alternate member on the Constitutional Court who
will favor them (as occurred the first time on July 14),and
secure a ruling which would instruct the Supreme Court to
reject the appeals currently before it and register Rios
Montt as a candidate. With two pro-Rios Montt alternates,
three anti-Rios Montt alternates and an evenly split sitting
Court, the law of averages dictates that sooner or later the
Court could have a pro-Rios Montt majority. The filing of
appeals in this case has already set precedents in Guatemalan
jurisprudence, and any judicial decision will need to have an
accompanying political decision if it is to be respected by
all sides.
LINDWALL