GOB STEPS UP ATTACKS ON INDEPENDENT JUDICIARY

C O N F I D E N T I A L LA PAZ 001467

SIPDIS

SIPDIS

E.O. 12958: DECL: 05/29/2017
TAGS: PHUM PGOV PREL BL
SUBJECT: GOB STEPS UP ATTACKS ON INDEPENDENT JUDICIARY

REF: A. LA PAZ 1386

B. LA PAZ 1229

Classified By: Ambassador Philip S. Goldberg for
reasons 1.4 (b) and (d).

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Summary
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1. (C) On May 15, President Morales presented to congress
impeachment charges against four of five the constitutional
tribunal justices (REFTEL A). The GOB and Movement Towards
Socialism (MAS) officials followed with a full-blown public
campaign against the judiciary, calls for the closQe of the
courts and the encouragement of affiliated organizations to
mobilize against the courts until the supreme court and
constitutional tribunal magistrates stepped down. During a
visit to Sucre, the judicial capital, the Ambassador publicly
noted that an independent judiciary is a crucial element of a
strong democracy. At the Ambassador's private meeting with
supreme court judges, they explained that Morales' goal is
the destruction of the judiciary and the end of any restraint
on his power. Following the meeting, the GOB responded by
calling it, and the Ambassador's comments, interference in
Bolivia's domestic affairs. On May 28, the president stated
that the judiciary, the United States and "neo-liberal"
(opposition) political parties have formed an "alliance" that
opposes the GOB's process of change. Indeed, President
Morales on numerous occasions has told court judges that they
must submit themselves to his government's policies of
change. End Summary.

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A Smear Campaign
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2. (SBU) On May 15, President Morales presented to congress
impeachment charges of judicial malpractice against four of
five the constitutional tribunal justices (REFTEL A). (Note:
The constitutional tribunal is Bolivia's highest court on
constitutional matters; the supreme court is the highest
court of appeals for all other matters. End Note). The GOB
followed with a full-blown propaganda campaign against the
courts. President Morales repeatedly called the courts
corrupt and accused them of stealing USD $300 million via
bribes. On May 24, the GOB ran full page advertisements in
major newspapers accusing the courts of being "the most
corrupt institution in Bolivia." The ads included Morales'
USD $300 million claim, distorting the findings of a 2005
USAID survey titled "Cost of Corruption for Bolivian
Households." The study investigated 42 different routine
transactions to determine the incidence of corruption in
society and estimated the total annual cost of corruption for
42 services surveyed to be approximately USD $115 million.
Given the nature of the survey, high-level courts such as the
supreme court or the constitutional tribunal were not part of
the study.

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Get With the MAS Program
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3. (C) President Morales May 15 impeachment charges follow
his long history of antipathy for the courts. Morales often
calls judges corrupt and agents of the political (opposition)
parties that used to be in power. In April 2006, he argued
that "certain sacred cows of judiciary" do not wish to
"accompany (go along with) his government's policies of
change." In October 2006, he called the Supreme court a
"relic of the colonial state." At opening of the 2007
judicial year, Morales summarized his criticisms of the
courts. First he denounced the entire system as corrupt and
"smelling of dollars", then called the supreme court justices
that he did not appoint "relics of past governments", and
finally once again urged judges to follow his GOB's program
of change.


4. (SBU) President Morales receives much support from his
party when criticizing the courts. On May 22, MAS Deputy
Rene Navarro announced that the courts should be closed until
the Constituent Assembly completes its work. Meanwhile a MAS
delegate to the Constituent Assembly in Sucre encouraged
MAS-affiliated organizations to mobilize against the courts
to force the supreme court and constitutional tribunal
magistrates to step down. Perhaps heeding the delegate's
call, GOB supporters sprayed anti-courts graffiti on the
constitutional tribunal building's facade. The facade had
just been restored from an April 27 dynamite attack (REFTEL
B). On the same day, supreme court Magistrate Jose Gonzalez
Ossio resigned his seat on the court citing pressure and "the
constant questioning of the judiciary."

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The Ambassador's Meeting
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5. (C) On May 24, the Ambassador visited Bolivia's supreme
court. Five of the seven supreme court judges attended.
Members of the constitutional tribunal were expected to
attend, but they could not as they were receiving their
formal impeachment charges from Congress at the same time.
Also present were USAID Director Michael Yates, Public
Affairs Counselor Denise Urs, and poloff Frank DeParis (note
taker). Each of the magistrates began by thanking the
Ambassador for the USG's support to the judicial sector. The
justices explained that Morales' end game is the destruction
of the judiciary and the end of any restraint, such as
judicial review, on his power.

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The Justices' Views
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6. (C) Magistrate Beatriz Sandoval de Capobianco stressed the
constitutional tribunal's precarious situation and emphasized
the impeachment case against the constitutional tribunal is
the GOB's mechanism to prevent judicial review of the new
constitution. Sandoval explained that the GOB's actions
against the courts are neither random nor improvised, that
Morales has been following a "step-by-step plan" to eliminate
the judiciary.


7. (C) Magistrate Emilse Ardaya (in previous visits a more
moderate voice) was forceful in her condemnation of Morales'
tactics towards the courts. She stressed that the courts do
not have the resources to repel the GOB's propaganda
campaign. She stated that Morales is trying to co-opt the
courts for his "totalitarian project."


8. (C) Supreme court President Hector Sandoval reiterated his
public statements that the magistrates will "not submit" to
the GOB's campaign to eliminate the courts. He called the
judiciary the only remaining "balance of power." Sandoval
explained that GOB's first attempt to control the courts --
cutting the magistrate's salaries in the hope that they would
resign -- failed, so it changed strategies. The new strategy
is to pressure the courts via harassment, intimidation and
legal proceedings.


9. (C) Magistrate Rosario Canedo Justinano, the most
hard-line of the five, called Morales' actions a "frontal
attack" on the judiciary and democracy. Canedo characterized
the court as the last guarantor of democracy. Magistrate
Canedo also focused attention on how the judiciary is crucial
in defending economic (contract) rights. Canedo also raised
the issue of Venezuela and Cuba, arguing their goal is the
"elimination of Bolivian sovereignty" and called their
assistance (identification, literacy, and health programs)
indoctrination systems. Finally, she argued that it was up
to the United States as the "superpower" to influence the GOB.


10. (C) Magistrate Jaime Ampuero Garcia largely echoed the
words of his colleagues. He stated that the Ambassador's
visit gave the court strength to stand firm against the GOB's
attacks.

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Press Comments
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11. (SBU) Following the meeting, the Ambassador held a short
press briefing where he stressed the USG's long support to
the courts and emphasized the need for a strong and
independent judiciary for a functioning democracy. The
Ambassador also rebutted the GOB's version of the USAID
anti-corruption study. Despite inquiries regarding the GOB's
campaign against the judiciary, the Ambassador did not
comment specifically on the attacks and reiterated his
statements on the need for judicial independence in a strong
democracy.

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The GOB Reaction
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12. (SBU) The GOB's response to the Ambassador's meeting has
been to denounce it as interference in Bolivia's domestic
affairs. On May 25, MAS Deputy Edmundo Novillo and President
of the lower house called the Ambassador's statements
excessive and meddling. He then asked the foreign minister to
send a formal complaint to the Embassy. Minister of Justice
and cocalero leader Celima Torrico made a similar statement.
During a May 28 speech to the Bolivian Labor's Union (COB)
the president stated that the judiciary, the United States
and neo-liberal (opposition) political parties have formed an
alliance that opposes the GOB's process of change. He then
asked the COB, an organization that is supposedly independent
of the government, to form a strategic alliance with the GOB
against the judiciary. The president had earlier remarked,
that although the Ambassador's statements were made under the
pretext of separation of powers, defending the separation of
powers was really intended to defend corruption and oppose
change.

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Comment
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13. (C) President Morales May 15 impeachment proceeding
against the constitutional tribunal magistrates and the GOB's
subsequent propaganda campaign is only the most recent tactic
in the GOB's strategy to control the courts. However, this
latest move has placed the courts in real peril. The May 24
visit to the supreme court was done with respect and without
direct criticism of the GOB, highlighting the universal
democratic principle of separation of powers. On May 29 the
Vice Minister of Foreign Affairs Hugo Fernandez "invited" the
Ambassador to come to the ministry to explain his statements
(SEPTEL/NOTAL). End Comment.
GOLDBERG