Identifier
Created
Classification
Origin
06SANJOSE410
2006-02-22 23:26:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy San Jose
Cable title:  

SOLIS ALLEGES "SERIOUS ANOMALIES AND VIOLATIONS"

Tags:  PGOV PREL CS 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 02 SAN JOSE 000410 

SIPDIS

SENSITIVE
SIPDIS

FOR WHA/CEN

E.O. 12958: N/A
TAGS: PGOV PREL CS
SUBJECT: SOLIS ALLEGES "SERIOUS ANOMALIES AND VIOLATIONS"
IN THE VOTING

REF: SAN JOSE 359

Summary
--------
UNCLAS SECTION 01 OF 02 SAN JOSE 000410

SIPDIS

SENSITIVE
SIPDIS

FOR WHA/CEN

E.O. 12958: N/A
TAGS: PGOV PREL CS
SUBJECT: SOLIS ALLEGES "SERIOUS ANOMALIES AND VIOLATIONS"
IN THE VOTING

REF: SAN JOSE 359

Summary
--------------

1. (U) On the eve of finishing the recount of presidential
ballots (and Oscar Arias returning to the lead),rival Otton
Solis cried foul in a televised address to all Costa Ricans.
Solis claimed "serious anomalies and violations" in the
voting but did not make a direct accusation of fraud. He
urged that the Supreme Electoral Tribunal (TSE) take another
week to resolve all outstanding questions and called on Arias
to support his demand. Arias dismissed Solis's request, and
the TSE issued a communique refuting the "facts" presented by
Solis. TSE magistrate Luis Antonio Sobrado said on radio
February 22 that it was "legally unacceptable" for the TSE to
delay the announcement of the winner, which is likely to
occur early in the week of February 27. End Summary.

Televised Address
--------------

2. (U) In a nationally televised address at 8:00 pm on
February 21, presidential candidate Otton Solis claimed
"serious anomalies and violations of the electoral law, and
grave inconsistencies" in the manual vote count--particularly
with regard to the results of the 712 voting tables that did
not properly report on election day. Solis alleged that
5,000 ballots were missing and that the results of another
100 voting stations were suspect because the voters'
signature-list (padron electoral) was missing.


3. (U) In his address, which lasted five minutes and was
financed by his Citizens' Action Party (PAC),Solis made a
number of veiled threats and challenged National Liberation
Party (PLN) candidate Oscar Arias to support the demand for a
reexamination of the results of the 712 voting tables, "for
the tranquillity and social peace of the country." He said
the TSE would need another week to resolve the outstanding
questions. Solis ended his address by suggesting that if his
request is denied, the result would be gridlock. He asked
rhetorically: "If we can't agree on electoral transparency,
what can we agree on?"

TSE Responds

SIPDIS
--------------

4. (U) In a departure from previous practice, the TSE
responded immediately and forcefully to Solis's allegations.
In a written statement published shortly after Solis's TV
address, the TSE specifically rejected the allegations that

5,000 votes had disappeared and that 100 voters' signature
lists had been misplaced. The TSE pointed out that the
voters' signature lists can be and, in some cases, were
replaced by legally equivalent documents. The TSE also
reminded the PAC that demands for recounts can only be based
on evidence, not conjecture or speculation. TSE Magistrate
Luis Antonio Sobrado said on radio February 22 that it was
"legally unacceptable" for the TSE to delay the announcement
of a winner.

PLN Accuses PAC of "Playing With Fire"
--------------

5. (U) Arias also rejected Solis's demands. He noted that
PAC was represented during the counting of votes at the 712
voting tables in question and signed off on the results. He
said: "It is the TSE that resolves this issue, and I have
complete confidence in its decisions and in the integrity of
its members." PLN president Francisco Antonio Pacheco was
more emphatic on radio on February 22, saying that the rules
for counting votes cannot be determined by the candidates;
they are in the law and have been respected for the last six
decades. He accused the PAC of trying to undermine the TSE
only because it is unhappy with the results. In so doing,
Pacheco said, PAC is doing great harm to Costa Rica's
reputation. He said that those who call into question the
electoral process in Costa Rica are unpatriotic, are
attempting to destabilize the country, and are "playing with
fire."

Arias Now Winning
--------------

6. (U) At the time of Solis's address, the count was 95.9
percent complete with Arias leading by 10,275 votes. His
lead is likely to increase because the remaining 4.1 percent
of votes still to be counted are from the province of Limon,
where Arias is favored. PLN representative in the TSE
Fernando Berrocal predicted that Arias will win by
approximately 15,000 votes. The TSE may finish the manual
recount on February 22 but must address all outstanding
complaints and wait three days before making the official
results known. Currently there are 565 complaints to be
addressed.
Comment
--------------

7. (SBU) Solis's complaints are not new, but until now he
has let his surrogates cast aspersions on the electoral
process. His personal and very public criticism of the TSE
raised the ante substantially. He is betting that his
supporters will call into question the outcome of the
election and try to delegitimize and weaken Oscar Arias. We
believe Solis has overplayed his hand and has failed to
calculate Costa Ricans' high esteem for and trust in the TSE.
Unless Solis can point to some credible evidence of fraud,
or errors of such magnitude that they affected the outcome,
the election for him has been lost. He may have done better
for himself to appear magnanimous and congratulate the
winner, rather than go down whining.
LANGDALE