PARAGUAY: ELECTORAL TRIBUNAL UNDER FIRE AS STAKES

C O N F I D E N T I A L SECTION 01 OF 02 ASUNCION 000177

SIPDIS

SIPDIS

E.O. 12958: DECL: 02/14/2027
TAGS: PREL PGOV KDEM PA
SUBJECT: PARAGUAY: ELECTORAL TRIBUNAL UNDER FIRE AS STAKES
RISE

REF: A. ASUNCION 0161


B. ASUNCION 0057

C. 06 ASUNCION 1177

Classified By: DCM Michael J. Fitzpatrick; Reasons 1.4(b),(d)


1. (C) SUMMARY: Pressure by a powerful Colorado Senator
produced the removal of a senior official from Paraguay's
Electoral Tribunal (TSJE). The ensuing internal fight
amongst the three TSJE ministers projects the image of an
increasingly dysfunctional, fractured organization.
Historically, the TSJE has proved one of Paraguay's more
solid institutions contributing to democracy's uneven march
forward. These political and personal disputes, however,
foster concern about the TSJE's professional independence in
monitoring campaigning for and voting in Paraguay's 2008
presidential election. Several opposition members are
working to engage the international community as part of a
campaign to shine a brighter spotlight on the TSJE's
activities. END SUMMARY.

IT Director Fired for Doing His Job


2. (C) Juan Carlos Galaverna, the Senate bench leader for
Colorado Party and one of its most powerful (and corrupt)
politicians, effectively pressured the TSJE three-person
Tribunal to fire its Director of Technical Information,
Ricardo Lesme Dalles, last December. Lesme had been
responsible for managing the installation and use of
electronic voting machines on loan from Brazil as well as the
creation of computer database lists of voters and oversight
of returns. According to Lesme, Galaverna had sought access
to privileged data in the run-up to last November's municipal
elections. Galaverna is not accustomed to being denied
requests regardless of their propriety. When Lesme refused,
Galaverna pressured the Tribunal members to fire Lesme.

Battle Royale Amongst TSJE Ministers


3. (C) Liliana Benitez, TSJE Director of Public Relations
told PolOff that the three TSJE ministers met in late
November to come to agreement on the fate of Lesme. Minister
Alberto Ramirez Zambonini (who hails from the opposition
Liberal Party) refused to fire Lesme but was overruled by the
other two ministers, current TSJE President Juan Morales (of
the ruling Colorado Party) and Rafael Dendia (of the soon to
be extinct National Encounter Party (PEN)). Ramirez made a
point of making public his dissent opinion, offering chapter
and verse on demands by Galaverna to fire Lesme by a date
certain or face grave consequences. Morales insisted he had
long considered Lesme unsuited to head the TSJE's swift
expanding IT responsibilities. However, Morales' credibility
took another hit in February when it was revealed he had
signed off on an evaluation citing Lesme's work as acceptable
only to amend the publicly released draft to reflect concerns
about Lesme's competence.


4. (C) According to Benitez, Tribunal members Ramirez and
Morales are barely on speaking terms. Minister Ramirez told
PolOff in February he intended to manipulate every concern he
has about the politicization of decisions in the TSJE to call
attention to corruption within the institution and influence
peddling by the Colorados. He stated clearly his intent was
to discredit the organization remarking at the time that
"There is no room for reconciliation; either they (Morales
and Dendia) go or I go; but before I do, I will take the TSJE
apart." (NOTE: The opposition has put forth legislation to
remove two TSJE ministers but no action has been taken. TSJE
Ministers are selected by the President and require
confirmation by the Congress. In order to be a permanent
member, the minister must be confirmed twice (for consecutive
5 year terms). Ramirez, now 60 years old, has already been
confirmed twice and is eligible to remain in his position
until age 75, according to the statute. The other two
ministers come up for their second confirmation in 2011. END
NOTE).

OPPOSITION SEIZES ON CONTROVERSY, LOOKS ABROAD FOR COVER


5. (C) Opposition Congressmen have seized on the controversy
to lambast Colorado Party influence meddling in Paraguay's
most important institution by raising concerns about the
institution's credibility and objectivity. Several have
discussed pursuing an impeachment motion against Morales and
Dendia. This would require a majority in both houses of
Congress and could be difficult to achieve given a slim
Colorado majority in the House of Deputies and likelihood
some within the opposition have some affinity for Dendia who
hails originally from the opposition. Lesme himself told

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PolOff that he does not expect impeachment to come to
fruition, describing the opposition's motion as "political
posturing." Separately, several opposition Congressmen
approached the Attorney General in February about possible
charges against Morales for falsifying his evaluation of
Lesme's performance but again this appears more for the sake
of political effect.


6. (C) Liberal Party legal representative Manuel Radice has
made the rounds with the local OAS representative and local
Ambassadors conveying concern about the TSJE's ability to
monitor the electoral process in the run-up to high stakes
Presidential and Congressional elections next May 2008.
Radice raised these same concerns with PolCouns in a February
21 meeting. The opposition is increasingly convinced the
2008 elections represent its best opportunity to end the
Colorados 60 year hold on power. However, the TSJE could
well be faced with several important decisions not the least
of which might include whether opposition candidate Fernando
Lugo qualifies under the Constitution which bans religious
ministers (COMMENT: The Supreme Court would have the final
say but the TSJE's decision will carry much weight. END
COMMENT) and how to administer electronic balloting,
increasingly resisted by the Colorado Party. Opposition
Deputy Sebastian Acha (Beloved Fatherland Party) and Lugo
supporter Alberto Grillon have both approached PolCouns for
information about the Carter Center, signaling they would
like to contact the Center about possibly observing
Paraguay's electoral process in the run-up to 2008 elections.


7. (C) COMMENT: The TSJE has acquired a reputation as a
relatively honest broker in monitoring Paraguayan elections
during the country's transition to democracy. This is
despite the fact that TSJE jobs are essentially distributed
on the basis of party affiliation. Increasing Colorado
nervousness in the face of the rising threat Lugo and the
rest of the opposition poses has exposed the TSJE to greater
pressure. No doubt, the Colorados, and the opposition, will
look to the TSJE to rule in their favor on key decisions that
will impact significantly on the course of elections. There
are signs the TSJE may even be predisposed to rule in Lugo's
favor if his candidacy were challenged -- as part of an
effort to reclaim its credibility and knowing the
Colorado-packed Supreme Court could always overrule its
decision (see reftel A). We judge it likely that increasing
opposition concerns will prompt calls for the international
community - including experts from the OAS and the Carter
Center - to assume a more prominent role in observing the
2008 elections. END COMMENT.
CASON