Identifier
Created
Classification
Origin
06LIMA159
2006-01-13 14:46:00
UNCLASSIFIED
Embassy Lima
Cable title:
ANOTHER LEGAL CHALLENGE TO HUMALA'S CANDIDACY
how-toVZCZCXYZ0028 PP RUEHWEB DE RUEHPE #0159 0131446 ZNR UUUUU ZZH P 131446Z JAN 06 FM AMEMBASSY LIMA TO RUEHC/SECSTATE WASHDC PRIORITY 8089 INFO RUEHBO/AMEMBASSY BOGOTA 2844 RUEHCV/AMEMBASSY CARACAS 8911 RUEHLP/AMEMBASSY LA PAZ JAN QUITO 9918 RUEHSG/AMEMBASSY SANTIAGO 0072 RUEHBR/AMEMBASSY BRASILIA 6439 RHMFIUU/CDR USSOUTHCOM MIAMI FL
UNCLAS LIMA 000159
SIPDIS
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PINR PE
SUBJECT: ANOTHER LEGAL CHALLENGE TO HUMALA'S CANDIDACY
REJECTED
REF: LIMA 149
UNCLAS LIMA 000159
SIPDIS
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PINR PE
SUBJECT: ANOTHER LEGAL CHALLENGE TO HUMALA'S CANDIDACY
REJECTED
REF: LIMA 149
1. The Special Electoral Board of Lima (JEEL),on 1/12,
rejected the remaining legal challenge to the presidential
candidacy of ultra-nationalist Ollanta Humala. The legal
challenge, filed by one Percy Castro Chipana, objected that
Humala's membership in the Partido Nacionalista Peruano (PNP)
precluded him from standing as a candidate for the Union Por
el Peru (UPP) party, as well as that the UPP's nomination of
Humala was achieved through irregular and non-transparent
means.
2. The JEEL dismissed the first allegation on the same
grounds used to reject a similar objection filed by one Julio
Quintanilla: Humala's selection as the UPP's presidential
candidate predated the official recognition of the PNP as a
party (Reftel).
3. The JEEL never considered the substance of second
allegation: supposed irregularities and non-transparency in
the UPP nominating process. It ruled that challenges to the
registration of a presidential or vice presidential candidate
can only be based on non-compliance with the constitutional
or legal requirements for that position, on a legal
impediment to an individual's eligibility for office, or, in
the case of presidential candidates, on an individual also
being a candidate for Congress. The JEEL did not/not
indicate when/how irregularities in the UPP's nominating
process could have been the basis for a legal challenge.
4. COMMENT: The JEEL's decision presumably will be appealed
to the National Electoral Board (JNE),Peru's supreme
electoral judicial authority. The expectation is that the
JNE will uphold the JEEL's rulings in both legal challenges,
which would eliminate the last legal obstacle to Humala's
presidential candidacy. END COMMENT.
STRUBLE
SIPDIS
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PINR PE
SUBJECT: ANOTHER LEGAL CHALLENGE TO HUMALA'S CANDIDACY
REJECTED
REF: LIMA 149
1. The Special Electoral Board of Lima (JEEL),on 1/12,
rejected the remaining legal challenge to the presidential
candidacy of ultra-nationalist Ollanta Humala. The legal
challenge, filed by one Percy Castro Chipana, objected that
Humala's membership in the Partido Nacionalista Peruano (PNP)
precluded him from standing as a candidate for the Union Por
el Peru (UPP) party, as well as that the UPP's nomination of
Humala was achieved through irregular and non-transparent
means.
2. The JEEL dismissed the first allegation on the same
grounds used to reject a similar objection filed by one Julio
Quintanilla: Humala's selection as the UPP's presidential
candidate predated the official recognition of the PNP as a
party (Reftel).
3. The JEEL never considered the substance of second
allegation: supposed irregularities and non-transparency in
the UPP nominating process. It ruled that challenges to the
registration of a presidential or vice presidential candidate
can only be based on non-compliance with the constitutional
or legal requirements for that position, on a legal
impediment to an individual's eligibility for office, or, in
the case of presidential candidates, on an individual also
being a candidate for Congress. The JEEL did not/not
indicate when/how irregularities in the UPP's nominating
process could have been the basis for a legal challenge.
4. COMMENT: The JEEL's decision presumably will be appealed
to the National Electoral Board (JNE),Peru's supreme
electoral judicial authority. The expectation is that the
JNE will uphold the JEEL's rulings in both legal challenges,
which would eliminate the last legal obstacle to Humala's
presidential candidacy. END COMMENT.
STRUBLE