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