ECUADOR: PRESIDENT DECLARES STATE OF EMERGENCY IN

C O N F I D E N T I A L SECTION 01 OF 02 QUITO 000836

SIPDIS

E.O. 12958: DECL: 04/12/2015
TAGS: PGOV ASEC EC
SUBJECT: ECUADOR: PRESIDENT DECLARES STATE OF EMERGENCY IN
QUITO

REF: QUITO 794

Classified By: Ambassador Kristie A. Kenney. Reason 1.4 (b&d).


1. (C) Summary: President Lucio Gutierrez declared an
indefinite state of emergency in a national televised address
at 21:30 local on April 15. Embassy personnel are accounted
for and safe. Military units have not yet appeared in the
streets, where spontaneous demonstrations sprang up to
protest the action. No violence has been reported. Shortly
after the announcement, the Ambassador telephoned Gutierrez
to urge him to reconsider his move; the president replied he
would not, but promised Ecuador's security forces would act
with restraint and not target opposition leaders. End
Summary.

Details on the Decree
--------------


2. (U) The emergency applies to the capital, which has been
declared a special security zone, and surrounding Pichincha
province, and includes the suspension of certain civil
liberties, including freedom of assembly, movement,
expression, communication and protection from searches.
Military units have been called to the capital to enforce
order in the streets. The President's decree also terminated
the Supreme Court. Gutierrez justified the action by citing
Congress' refusal to deal with the court controversy, and
said the state of emergency would be in effect until Congress
dealt with pending court reforms.

Early Embassy Actions
--------------


3. (C) Upon hearing from Embassy sources that a state of
emergency decision was imminent, the Ambassador spoke with
Carlos Larrea, the president's legal advisor and confidant,
to urge the GOE to reconsider its decision and express
concern. Larrea said the decision had been made, and was
irreversible. The Ambassador urged that the GOE respect
civil rights and avoid politically motivated attacks on
opposition figures.


4. (C) An hour after Gutierrez took to the airwaves to
announce the emergency measures, the Ambassador telephoned
him. In their conversation, the Ambassador urged him to
ensure the security forces acted with restraint. Freedom of
expression must be protected, she underscored, and the GoE
must not target the opposition. Gutierrez hoped he could
lift the emergency by April 18 or 19. The police and army
would conduct no witch hunts, he promised, but instead would
deploy to ensure the public's safety.

Motives
--------------


4. (C) Separately, Larrea told Polchief the state of
emergency had a dual purpose: to prevent further protests
targeting the home of the President's and high command's
families, and to prevent Supreme Court President Guillermo
Castro from moving against the Bank of Pichincha directors
and annulling charges pending against notorious fugitive
Ecuadorian bankers living in Miami (Septel).


5. (C) The Embassy canvassed contacts at the Ministry of
Finance to follow up on the bank run explanation for the
state of emergency declaration. Vice FinMin Ramiro Galarza
was unaware of such financial intrigue. His explanation?
That the Administration had learned that Congress was on the
cusp of passing a resolution to terminate the Court and
"divide the spoils" among opposition political parties.

Subsequent Embassy Actions
--------------


6. (C) The Country Team assembled in the Chancery to reach
out to contacts and urge calm. Highlights include:

-- Milgroup contacting Joint Forces, Army commanders, plus
Army 1st Division commander;
-- DAO briefing DOD, Southcom operations centers, Manta CSL;
-- PAS drafting press guidance;
-- RSO, MSG activating phone tree to counsel Embassy staff to
limit movements;
-- POL canvassing Presidency, opposition contacts, preaching
restraint and dialog;
-- DCM engaging pro-democracy NGO's director, Cesar Montufar;
-- CONS preparing a warden message for resident Amcits;
-- DCM briefing CG Guayaquil, requesting the Consulate to
reach out to Coastal party leaders;

Situation on the Streets
--------------


7. (U) As of midnight April 16, large demonstrations were
occurring throughout Quito, but mostly in its more prosperous
north. The epicenter is Avenida Shyris, a parade ground-like
street two miles north of the Embassy but only two hundred
yards west of the Marine House. Police have reported no
serious violence, and overall, the protesters' moods seem
jubilant. Embassy police contacts say their operational
flexibility has been greatly restrained by the emergency
order, the "men in blue" now being placed under Armed Forces
command.
Opposition Responses
--------------


8. (SBU) Opponents of Gutierrez's decision quickly took to
the airwaves, their message no surprise. Both the PSC's Leon
Febres-Cordero and PRIAN leader Alvaro Noboa were outraged by
the president's "unconstitutional" acts, which were further
proof of his dictatorial bent. A dismissed Supreme Court
judge claimed only the Congress was empowered to remove
sitting judges. And PSC Congressman Carlos Torres told
Poloff that Congress would reconvene to revoke the emergency
decree, as the Constitution's Article 182 allows it to do,
but likely not before the legislature returns to session
April 19. Quito Mayor Paco Moncayo, a key figure in the
opposition movement, has publicly called for demonstrators to
remain in Quito's streets indefinitely and has requested
Congress to reconvene immediately to revoke Gutierrez's
emergency decree. The municipal council too is searching for
a method to revoke the emergency state (it has recently
invoked habeas corpus laws to free protesters arrested by
security forces).

Embassy Next Steps
--------------


9. (C) Mission staff, especially the RSO team, remain at the
Chancery as of 0100 hrs April 16 monitoring demonstration
activity. Personnel will reconvene by 1000 and take on the
following tasks:

-- Continue outreach to government and opposition alike,
pushing dialog and restraint;
-- Search for media opportunities to announce our concerns
and demands for a negotiated solution;
-- Issue a warden message to resident Amcits;
-- Canvass police and military contacts and keep Mission
community informed of areas to avoid;
-- Brief USG operations centers as needed;
KENNEY