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