Identifier
Created
Classification
Origin
06LAPAZ1357
2006-05-19 19:49:00
CONFIDENTIAL
Embassy La Paz
Cable title:
JUDICIAL BRANCH STANDS TALL AGAINST EXECUTIVE
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C O N F I D E N T I A L LA PAZ 001357
SIPDIS
SIPDIS
E.O. 12958: DECL: 05/19/2016
TAGS: ECON PGOV PREL BL
SUBJECT: JUDICIAL BRANCH STANDS TALL AGAINST EXECUTIVE
PRESSURE
REF: A. LA PAZ 870
B. LA PAZ 901
Classified By: Charge D'Affairs David M. Robinson for reasons 1.4 (b) a
nd (d).
C O N F I D E N T I A L LA PAZ 001357
SIPDIS
SIPDIS
E.O. 12958: DECL: 05/19/2016
TAGS: ECON PGOV PREL BL
SUBJECT: JUDICIAL BRANCH STANDS TALL AGAINST EXECUTIVE
PRESSURE
REF: A. LA PAZ 870
B. LA PAZ 901
Classified By: Charge D'Affairs David M. Robinson for reasons 1.4 (b) a
nd (d).
1. (C) Summary: In meetings with poloff on May 17 in Sucre,
Supreme Court and Constitutional Tribunal (CT) justices,
still stinging from President Morales' March public
criticisms of the CT, expressed strong resolve to resist
political pressure and influence from the Morales government.
While Morales has refrained from making further attacks on
the courts, the justices are concerned about the future
independence of the judiciary, particularly in light of the
upcoming Constituent Assembly. They say they are willing to
push back against Morales' apparent plans to compromise the
courts. We will continue to look for ways to support them.
End summary.
2. (C) In meetings with poloff on May 17 in Sucre, Supreme
Court and Constitutional Tribunal (CT) justices, still
stinging from President Morales' March public criticisms of
the CT following a legal decision adverse to the central
government (reftels),expressed strong resolve to resist
political pressure and influence from the Morales government.
Supreme Court President Hector Sandoval complained that
Morales' judicial salary cuts are a political tactic to clear
the court and the way for Morales to control the judicial
branch. Sandoval said the Supreme Court, currently with a
quorum of eight (out of 12) justices, might lose one more due
to the salary issue, but that the rest would remain. CT
President Elizabeth Iniguez and her two female colleagues on
that tribunal-- also constituting a quorum (two of the five
slots are vacant)-- echoed their firm resolve to weather any
future battles with the executive branch and retain their
independence.
3. (C) While Morales has refrained from making further
attacks on the courts, the justices are concerned about their
future. Iniguez and Sandoval expressed pessimism regarding
the impact of the upcoming Constituent Assembly on the
independence of the judicial branch. Sandoval worries that
Bolivia will adopt the Cuban model, in which judges become
all-powerful political figures in their jurisdictions.
Conversely, Iniguez fears that the courts' power will be
drastically diluted by the Constituent Assembly. Either way,
they have a dark outlook on the future.
4. (C) The high courts' apparent willingness to oppose
executive infringement is noteworthy. At the same time,
Sandoval admitted the judiciary is vulnerable due, in part,
to lack of funding. Given the challenges the judiciary faces
and their stated interest in steering a straight democratic
path, we will continue to look for ways to support them. End
summary.
ROBINSON
SIPDIS
SIPDIS
E.O. 12958: DECL: 05/19/2016
TAGS: ECON PGOV PREL BL
SUBJECT: JUDICIAL BRANCH STANDS TALL AGAINST EXECUTIVE
PRESSURE
REF: A. LA PAZ 870
B. LA PAZ 901
Classified By: Charge D'Affairs David M. Robinson for reasons 1.4 (b) a
nd (d).
1. (C) Summary: In meetings with poloff on May 17 in Sucre,
Supreme Court and Constitutional Tribunal (CT) justices,
still stinging from President Morales' March public
criticisms of the CT, expressed strong resolve to resist
political pressure and influence from the Morales government.
While Morales has refrained from making further attacks on
the courts, the justices are concerned about the future
independence of the judiciary, particularly in light of the
upcoming Constituent Assembly. They say they are willing to
push back against Morales' apparent plans to compromise the
courts. We will continue to look for ways to support them.
End summary.
2. (C) In meetings with poloff on May 17 in Sucre, Supreme
Court and Constitutional Tribunal (CT) justices, still
stinging from President Morales' March public criticisms of
the CT following a legal decision adverse to the central
government (reftels),expressed strong resolve to resist
political pressure and influence from the Morales government.
Supreme Court President Hector Sandoval complained that
Morales' judicial salary cuts are a political tactic to clear
the court and the way for Morales to control the judicial
branch. Sandoval said the Supreme Court, currently with a
quorum of eight (out of 12) justices, might lose one more due
to the salary issue, but that the rest would remain. CT
President Elizabeth Iniguez and her two female colleagues on
that tribunal-- also constituting a quorum (two of the five
slots are vacant)-- echoed their firm resolve to weather any
future battles with the executive branch and retain their
independence.
3. (C) While Morales has refrained from making further
attacks on the courts, the justices are concerned about their
future. Iniguez and Sandoval expressed pessimism regarding
the impact of the upcoming Constituent Assembly on the
independence of the judicial branch. Sandoval worries that
Bolivia will adopt the Cuban model, in which judges become
all-powerful political figures in their jurisdictions.
Conversely, Iniguez fears that the courts' power will be
drastically diluted by the Constituent Assembly. Either way,
they have a dark outlook on the future.
4. (C) The high courts' apparent willingness to oppose
executive infringement is noteworthy. At the same time,
Sandoval admitted the judiciary is vulnerable due, in part,
to lack of funding. Given the challenges the judiciary faces
and their stated interest in steering a straight democratic
path, we will continue to look for ways to support them. End
summary.
ROBINSON