INTERNATIONAL SUPPORT KEY TO SUPREME COURT

UNCLAS QUITO 002439

SIPDIS

PASS TO WHA OAS

E.O. 12958: N/A
TAGS: PGOV PINS EC
SUBJECT: INTERNATIONAL SUPPORT KEY TO SUPREME COURT
ACCEPTANCE

REF: QUITO 1186 QUITO 1461 QUITO 1838


1. Summary: A new Ecuadorian Supreme Court is expected to
be in place by late November, but the work will not end when
the selection commission seats new justices. Jose Antonio
Viera, a Chilean Senator appointed by the OAS to monitor
Ecuador's Supreme Court selection process, told the
Ambassador and other ambassadors on October 25 that a strong
international show of support will be necessary to keep the
judges on the bench. The fledgling court could also fall
victim to dismissal by a popular assembly, if the assembly
occurs as President Palacio proposes. End Summary


2. Establishing a new Supreme Court to replace the one
disbanded in April by Congress just prior to the fall of
ex-President Gutierrez is essential to begin rebuilding
Ecuadorian jurisprudence and rule of law. The biggest problem
the newly-formed court will face, once installed, is gaining
credibility in Ecuador, Viera said. Especially since its
recomposition was by improvised law rather than
constitutional rules. Some speculate that the court might
only be in place for a few weeks before the party powerful
will seek to disband it because they do not control it.
Palacio wants the court validated through a referendum, but
Viera and other meeting attendees -- including ambassadors
from Brazil, Chile and Spain -- believe this would be too
risky, with disillusioned Ecuadorians poised to reject any
question put to them in a referendum.


3. Also key to the court's survival, according to this
group, is ensuring that it does not become an issue for
debate by a popular assembly. Congressman Luis Fernando
Torres (PSC) told PolOffs on October 26 that members of a
constituent assembly could undo the selection commission's
months of work and dissolve the court at whim. Palacio
continues to insist that a constituent assembly is necessary
to achieve deep-seated political reforms in the country.


4. Comment: We will work with the OAS and others to
publicly underscore international support for the new court
once selected. Prominent international figures, such as
former Spanish President Felipe Gonzalez or others, could
attend the court inauguration. The Madrid Club has been
supportive of the selection process thus far, and is open to
the idea at the working level here.
JEWELL