JUDICIARY RESISTS MAS ATTACKS

UNCLAS LA PAZ 000901 SIPDIS SENSITIVE SIPDIS NSC FOR D. FISK, USSOUTHCOM FOR POLAD WHA/AND FOR FRENCH E.O. 12958: N/A TAGS: PGOV PREL ECON BL SUBJECT: JUDICIARY RESISTS MAS ATTACKS REF: A. LA PAZ 870 ¶B. LA PAZ 413 ¶1. (SBU) Summary: Following the Constitutional Tribunal's (TC) ruling against GOB intervention in the Lloyd Airlines' case (reftel A),President Morales and Vice-President Garcia Linera went on the offensive against the court, claiming it had accepted bribes from the airline's president. In one of her first public acts as head of the Tribunal, Elizabeth Iniguez strongly and publicly refuted the accusations; yesterday the Supreme Court defended its judicial colleagues with an official declaration rejecting the GOB's attacks. Meanwhile, President of the Supreme Electoral Court (CNE), Oscar Hassenteuffel, resigned his post, leaving the CNE with a bare quorum of three of five justices (reftel B). The courts' collective resistance to MAS attacks is a positive sign, but the MAS will now have an opportunity to fill two vacancies on the CNE in this critical period leading up to elections. End summary. ¶2. (SBU) Following the Constitutional Tribunal's rejection of GOB intervention (TC) in the Lloyd Airlines' case (reftel A), President Morales and Vice-President Garcia Linera went on the offensive against the court, charging that it had accepted bribes from Ernesto Asbun, Lloyd's president. Garcia Linera said, "We have enormous suspicions regarding the actions of the Constitutional Tribunal." Morales, in turn, said, "I'm very sorry that Asbun continues to rob...I don't know how much it cost him to get the Court to rule favorably." ¶3. (SBU) In one of her first public acts as president of the TC, Elizabeth Iniguez strongly and publicly refuted the GOB's accusations, as did her colleague Silvia Salme. In a public declaration drafted by Iniguez, the TC "energetically" rejected the GOB's "reckless" accusation. Salame challenged Morales to come forward with proof, stating that "I won't permit anyone, including Evo Morales, to damage my dignity." While GOB officials admitted that they lack evidence of bribery, a spokesman stated that the TC, like other judicial institutions, is "part of the political system of the traditional political parties." ¶4. (SBU) On March 29, the Supreme Court defended the TC with an official declaration renouncing the GOB's attack. The declaration "definitively and emphatically" rejected the charges and again demanded proof or a public retraction. It described the President's words as "an affront to another state power, damaging its image, honor and dignity, and the respect for independence of the other branches of government, as a fundamental principle of the democratic system." The declaration further called the statements "direct interference with the independence and autonomy of the judicial branch, putting at risk the balance that should exist among the state powers and the social and democratic system of law." The Supreme Court stated its intent to take its concerns to the International Court of Human Rights in Costa Rica if the GOB fails to respond appropriately. ¶5. (SBU) Meanwhile, President of the Supreme Electoral Court (CNE),Oscar Hassenteuffel, resigned his post for alleged personal reasons, leaving the CNE with a quorum of three of five justices. Hassenteuffel's long anticipated resignation will be effective April 1 (reftel B). CNE officials say the court can continue to operate as normal and that its preparations for the July 2 Constituent Assembly election will not be impacted. (NOTE: The fifth seat on the CNE has been vacant since August 2005). ¶6. (SBU) Comment: The judiciary's collective resistance to the MAS attacks is welcome, and a good reminder for the public that separation of powers is a critical component of a democratic government. While Hassenteuffel told poloff recently that he was resigning for personal reasons, others speculate he felt forced to leave. If the MAS acts quickly, it will have an opportunity to fill two vacancies on the CNE leading up to the Constituent Assembly, a prospect the Morales government will relish. End comment. GREENLEE