Identifier
Created
Classification
Origin
07GUATEMALA487
2007-03-07 22:45:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Guatemala
Cable title:
CICIG AGREEMENT SENT TO CONSTITUTIONAL COURT
how-toVZCZCXYZ0000 PP RUEHWEB DE RUEHGT #0487 0662245 ZNR UUUUU ZZH P 072245Z MAR 07 FM AMEMBASSY GUATEMALA TO RUEHC/SECSTATE WASHDC PRIORITY 2094 INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE RUEHME/AMEMBASSY MEXICO 4058 RHEHNSC/NSC WASHDC RHMFIUU/CDR USSOUTHCOM MIAMI FL RHMFIUU/DEPT OF JUSTICE WASHINGTON DC RUCNDT/USMISSION USUN NEW YORK 0129 RUEHC/DEPT OF LABOR WASHDC
UNCLAS GUATEMALA 000487
SIPDIS
SENSITIVE
SIPDIS
DEPT ALSO FOR S/P MCILHENNY
E.O. 12958: N/A
TAGS: PHUM PGOV SNAR EAID PTER ASEC KCRM KJUS GT
SUBJECT: CICIG AGREEMENT SENT TO CONSTITUTIONAL COURT
REF: A. GUATEMALA 426
B. GUATEMALA 403
C. GUATEMALA 375
D. GUATEMALA 348
This is sensitive but unclassified. Protect accordingly.
UNCLAS GUATEMALA 000487
SIPDIS
SENSITIVE
SIPDIS
DEPT ALSO FOR S/P MCILHENNY
E.O. 12958: N/A
TAGS: PHUM PGOV SNAR EAID PTER ASEC KCRM KJUS GT
SUBJECT: CICIG AGREEMENT SENT TO CONSTITUTIONAL COURT
REF: A. GUATEMALA 426
B. GUATEMALA 403
C. GUATEMALA 375
D. GUATEMALA 348
This is sensitive but unclassified. Protect accordingly.
1. (U) On March 6, the Guatemalan Congress sent the CICIG
agreement (refs) to the Constitutional Court for an opinion
on its legality, which will further delay ratification. At
the request of the Foreign Relations Committee and with
majority support of Congress, including representatives of
ruling party GANA, the agreement was referred to the
Constitutional Court to determine its constitutionality;
whether the Public Ministry will retain its autonomy; and
whether the agreement needs to be approved by two-thirds
vote, as normally required for international agreements.
2. (U) Zury Rios, head of the Foreign Relations Committee,
explained that Committee members wanted to ensure that
ratification of the agreement would not violate any law.
Encuentro por Guatemala (EG),the Partido Patriota (PP),and
the Union del Cambio Nacionalista (UCN) did not support the
decision to consult the Constitutional Court.
3. (U) In statements to reporters, President Berger
reiterated the urgency of approving CICIG to ensure that
mafias will not continue to operate with impunity and to
guarantee greater security. Foreign Minister Gert Rosenthal
highlighted for the press the benefits of CICIG and commented
that given UN collaboration with Guatemala on the agreement,
ratification would send a "good message."
4. (SBU) Comment: This latest decision, announced just days
after the agreement was referred to the Foreign Relations
Committee after failing to obtain the necessary two-thirds
vote in Congress for approval (ref A),is reminiscent of the
2004 decision to refer the original CICIACS proposal to the
Constitutional Court, which ultimately deemed CICIACS
unconstitutional. The new CICIG agreement was drafted to
neutralize the constitutional concerns that the Court
identified in the 2004 CICIACS agreement. A new Court was
elected in 2006, and its magistrates are reportedly more
favorably disposed to CICIG than their predecessors.
However, as with CICIACS, Congress' decision to consult the
Court on the CICIG agreement will delay the ratification
process. At a minimum, it will take two months for the Court
to render a decision, by which time the elections will
complicate the legislative agenda.
Derham
SIPDIS
SENSITIVE
SIPDIS
DEPT ALSO FOR S/P MCILHENNY
E.O. 12958: N/A
TAGS: PHUM PGOV SNAR EAID PTER ASEC KCRM KJUS GT
SUBJECT: CICIG AGREEMENT SENT TO CONSTITUTIONAL COURT
REF: A. GUATEMALA 426
B. GUATEMALA 403
C. GUATEMALA 375
D. GUATEMALA 348
This is sensitive but unclassified. Protect accordingly.
1. (U) On March 6, the Guatemalan Congress sent the CICIG
agreement (refs) to the Constitutional Court for an opinion
on its legality, which will further delay ratification. At
the request of the Foreign Relations Committee and with
majority support of Congress, including representatives of
ruling party GANA, the agreement was referred to the
Constitutional Court to determine its constitutionality;
whether the Public Ministry will retain its autonomy; and
whether the agreement needs to be approved by two-thirds
vote, as normally required for international agreements.
2. (U) Zury Rios, head of the Foreign Relations Committee,
explained that Committee members wanted to ensure that
ratification of the agreement would not violate any law.
Encuentro por Guatemala (EG),the Partido Patriota (PP),and
the Union del Cambio Nacionalista (UCN) did not support the
decision to consult the Constitutional Court.
3. (U) In statements to reporters, President Berger
reiterated the urgency of approving CICIG to ensure that
mafias will not continue to operate with impunity and to
guarantee greater security. Foreign Minister Gert Rosenthal
highlighted for the press the benefits of CICIG and commented
that given UN collaboration with Guatemala on the agreement,
ratification would send a "good message."
4. (SBU) Comment: This latest decision, announced just days
after the agreement was referred to the Foreign Relations
Committee after failing to obtain the necessary two-thirds
vote in Congress for approval (ref A),is reminiscent of the
2004 decision to refer the original CICIACS proposal to the
Constitutional Court, which ultimately deemed CICIACS
unconstitutional. The new CICIG agreement was drafted to
neutralize the constitutional concerns that the Court
identified in the 2004 CICIACS agreement. A new Court was
elected in 2006, and its magistrates are reportedly more
favorably disposed to CICIG than their predecessors.
However, as with CICIACS, Congress' decision to consult the
Court on the CICIG agreement will delay the ratification
process. At a minimum, it will take two months for the Court
to render a decision, by which time the elections will
complicate the legislative agenda.
Derham