PANAMA NAMES NEW ELECTORAL MAGISTRATE

UNCLAS PANAMA 002228

SIPDIS

SIPDIS

DEPARTMENT FOR WHA/CEN
SOUTHCOM FOR POLAD

E.O. 12958: N/A
TAGS: PGOV PM
SUBJECT: PANAMA NAMES NEW ELECTORAL MAGISTRATE

REF: PANAMA 2207


1. (SBU) In a move seen as an affront to President Torrijos,
the Supreme Court named electoral prosecutor and dual
American citizen Gerardo Solis as its pick for the
three-magistrate Electoral Tribunal. Solis, who began his
six-year term November 13, was rumored to be the choice of
former Presidents Perez Balladares and Moscoso, who allegedly
wanted a magistrate loyal to them. FM Lewis had told the
Ambassador before the nomination that Torrijos was very
concerned about Solis and the ex-presidents' actions
(reftel). The president's political advisor Leonel Solis (no
relation) told POLOFF separately that Torrijos had tried to
"kill the nomination" of Gerardo Solis. The Court's choice
clearly goes against Torrijos's wishes. (Note: The Supreme
Court voted 5-4 in favor of Solis. The five justices who
voted for Solis were all nominated to the Court by either
Perez Balladares or Moscoso. The four justices who did not
vote for Solis were nominated by Torrijos or were
independent. We also heard from a good source that Perez
Balladares's supporters called newspaper editors about the
"slam dunk" against Torrijos. End note.)


2. (SBU) Solis, an active member of the Revolutionary
Democratic Party (PRD) prior to becoming an electoral
prosecutor, was a political advisor to and housing minister
under President Perez Balladares. He was so well known as a
Perez Balladares (known as "El Toro") supporter that his
nickname was "Toro Boy." Solis also has family and
professional ties to both Perez Balladares and Moscoso.
However, Solis is widely regarded as having been fair and
independent during his tenure as an electoral prosecutor.
Opposition political parties and civil society groups have
been largely satisfied by Solis's nomination to the Tribunal.
One labor leader remarked that although he thought Perez
Balladares and Moscoso had engineered the nomination, he
expected that Solis would be as impartial in his new position
as he had been as a prosecutor.


3. (SBU) The National Assembly and the Executive Branch will
shortly name their picks for the Tribunal. According to
political contacts, it is expected that the Assembly will
rename current Magistrate Pinilla, also a former active PRD
member, for another term. Torrijos is rumored to favor
lawyer and non-political party member Enrique de Obarrio as
his choice for the Tribunal. (Note: Obarrio was originally
critical of Torrijos as president. However, he has recently
been quoted in the media referring to Torrijos as "my
president." End Note.) Current Magistrate and former

Panamenista member Allen has also been lobbying for another
term.


4. (SBU) Comment: Having two or possibly three, depending on
the Executive's nominee, former PRD members as magistrates
could raise questions about the continued independence of the
Tribunal, an internationally respected body. However, given
the strong track records of both Pinilla and Solis, it would
be premature to draw any conclusions about possible PRD
dominance of the Tribunal. Also, Torrijos is probably
unlikely to name another PRD member to the Tribunal, as such
a move could harm his public standing which had been
challenged by recent scandals in the health and
transportation sectors. Obarrio may be the ideal choice for
the president given his non-political status and his possible
support for Torrijos. Whatever the final makeup of the
Tribunal may be, the Embassy will continue its outreach to
the Tribunal. As one of the only truly independent
institutions in the country, the Electoral Tribunal is vital
in advancing democracy and transparency in Panama.

EATON