BOLIVIAN COURTS UNDER MAS FIRE

C O N F I D E N T I A L LA PAZ 001386 SIPDIS SIPDIS FOR WHA/PDAS CSHAPIRO, WHA/AND PFRENCH AND LPETRONI, F/CNORTH, USAID/AA MSILVERMAN, USAID/DCHA E.O. 12958: DECL: 05/17/2017 TAGS: PHUM PGOV PREL BL SUBJECT: BOLIVIAN COURTS UNDER MAS FIRE REF: LA PAZ 1229 Classified By: Ambassador Philip S. Goldberg for reasons 1.4 (b) and (d). -------------- Summary -------------- ¶1. (C) On May 15, President Morales presented to Congress impeachment charges of judicial malpractice against four of five the Constitutional Tribunal (CT) justices. Once the lower house approves the charges, the four justices will be suspended, leaving only one justice on the bench. Poloff met with Constitutional Tribunal (CT) justice Silvia Salame May ¶16. Calling Morales "Machiavellian," Justice Salame explained the impeachment charges are aimed at completely "destroying" the court and the entire judiciary. She stated that once her colleagues are suspended there will be no checks on any GOB-backed laws or supreme decrees. During the meeting Justice Salame repeatedly praised the USG, and specifically USAID, for its work in assisting the CT and the judiciary in general. She stressed that it is critical for the welfare of the courts that USAID continue to fund its jurisprudence projects. In a formal declaration on May 17 that reiterates what Salame told poloff in private, the CT called the GOB action "flagrant interference" that risks destroying the judiciary's independence. President Morales' move to impeach the CT justices appears to represent an effort to paralyze and intimidate one of the most important checks on his power. End Summary. -------------- Morales Makes His Power Play -------------- ¶2. (C) On May 15, President Morales presented to Congress impeachment charges of judicial malpractice against four of five the Constitutional Tribunal (CT) justices. The charges stem from the CT's ruling against President Morales' December 2006 interim appointment of four Supreme Court judges. The CT ruled (resolution 18/2007) that the interim appointments were legal, but that the judges must step down because such appointments are only valid for 90 days. The GOB argues the CT's interpretation of Bolivian law is purposefully incorrect. (Note: The CT is Bolivia's highest court on constitutional matters; the supreme court is the highest court of appeals for all other matters. End Note). After presenting the charges, the president called the CT justices corrupt. He accused the CT of threatening the stability and order of the judiciary, of working against the people, of protecting narco-traffickers and former President Gonzalo Sanchez de Lozada. On May 16, perhaps seeking international legitimacy for his move, President Morales announced that he would send a legal brief to the United Nations and the Organization of American States explaining the GOB's charges against the CT. -------------- The Impeachment Process -------------- ¶3. (C) The chamber of deputies has up to 90 days to investigate the case against the CT justices and vote on the charges. Since President Morales' Movement Towards Socialism (MAS) controls the lower house, it is expected to ratify the charges. The case then goes to the senate for a final sentence. If the lower house votes to impeach, the CT justices will be officially suspended until the senate makes its ruling. With four judges suspended, only one judge Silvia Salame, will be left on the CT. As the opposition controls the senate with a razor thin margin (of one senator),the senate will likely never reach the two-thirds majority required to reach a final sentence. Without it, the four judges will remain suspended indefinitely. Once the suspension is in place, President Morales can constitutionally appoint four interim justices as an "emergency" measure to fill the CT vacancies. -------------- Meeting Justice Salame -------------- ¶4. (C) Poloff met with CT justice Doctor Silvia Salame May 16 at her home in Sucre. Salame explained that while she dissented from the majority opinion regarding the interim Supreme Court justices, her opinion was actually harsher than the majority. In Salame's interpretation, Morales' appointment of interim justices was entirely unconstitutional. Salame's view is that the president never had the authority to make interim judicial appointments. Salame explained that while she herself is not facing impeachment, she is supporting her CT colleagues, even offering to serve as their attorney before Congress. -------------- Full Court Press -------------- ¶5. (C) Calling Morales "Machiavellian," Justice Salame explained the impeachment charges are aimed at completely "destroying" the court and the entire judiciary. She emphasized that once her colleagues are suspended, President Morales could choose to let the court remain in limbo as she would be the only sitting judge, or he could appoint emergency interim justices. In either case, there would be no checks on any GOB-backed laws or supreme decrees. Salame argued that the president has attacked the court out of fear that the CT will determine that the GOB's land reform law and its nationalization of the Huanuni mine are unconstitutional (reftel). She also explained that the Morales is concerned that the CT will strike down the Constituent Assembly's voting rules, which would stall if not kill the delivery of a new constitution. -------------- Living in Fear -------------- ¶6. (C) Salame mentioned that prior to filing of Morales' charges she and her CT colleagues had considered resigning because of the pressure, threats and harassment they face on daily basis from pro-GOB forces. She explained that the justices have begun removing their personal belongings from the court in fear that the CT will be overrun. She cited the April 27 march and dynamite attack on the court by pro-GOB miners as the most recent attempt at overrunning the court (reftel). According to Salame, one of the police officers injured in the attack may have to have his leg amputated. (Note: The Prefect of Chuquisaca, whom poloff met earlier in the day, characterized both officers' injuries as minor. End Note). -------------- Kudos to USAID -------------- ¶7. (C) Justice Salame repeatedly praised the USG, and specifically USAID, for its work in assisting the CT and the judiciary in general. In response to mounting pressures on the CT, USAID has increased support to strengthen the tribunal and reinforce its independence. USAID has provided computer equipment, software, training and technical assistance to receive, process, resolve and publicize the constitutional appeals that are referred to the CT. The Ambassador recently handed-over a new computer system to help electronically organize and catalog cases, legal opinions and sentences, thus facilitating uniform application of the law and case management. Salame stressed that it is critical for the welfare of the courts that USAID continue to fund its jurisprudence projects. She explained that the court's decisions up to 2004 (and all 2007 cases) have been successfully uploaded. However, she pointed out that 2005 and 2006 are still lacking and if they are not published they risk being "erased" by GOB sympathizers. -------------- A Declaration For Judicial Independence -------------- ¶8. (C) In a formal declaration on May 17 that reiterates what Salame told poloff in private, the CT called the GOB action "flagrant interference" that risks destroying the judiciary's independence. Responding to the declaration, Minister of the Presidency Juan Ramon Quintana stated that "the Judicial Power makes all Bolivians and the government feel ashamed." Quintana added that 80 percent of Bolivians "condemn, reproach and detest" the judiciary, despite polling that shows that most Bolivians view the CT favorably. -------------- Comment -------------- ¶9. (C) President Morales' move to impeach the CT justices appears to represent an effort to paralyze and intimidate one of the most important checks on his power. Salame argues that the only salvation for the CT may be if the political opposition within Congress can initiate nomination proceedings for CT justices, thus potentially blocking President Morales from making "emergency" appointments. GOLDBERG