BOLIVIA'S JUDICIAL IMPASSE: RECESS APPOINTMENTS?

C O N F I D E N T I A L LA PAZ 003066

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/20/2017
TAGS: PHUM PGOV PREL BL
SUBJECT: BOLIVIA'S JUDICIAL IMPASSE: RECESS APPOINTMENTS?

Classified By: Acting EcoPol Chief Brian Quigley
for reasons 1.4 (b) and (d).

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Summary
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1. (C) A leading opposition senator accused the ruling
Movement Toward Socialism (MAS) party of purposefully
blocking Congressional debate over judicial nominations so
that President Evo Morales can issue interim appointments
during Congress' upcoming recess. MAS Congressional
representatives vehemently deny the accusations. There are
currently seven vacancies -- two "titulares" (primary) and
five "suplente" alternate magistrates -- on the
Constitutional Tribunal, one in the Supreme Court, two on the
National Electoral Court (CNE) and the Prosecutor General of
the Republic (the equivalent of the U.S. Attorney General).
Interim appointments that threaten the independence of the
Constitutional Tribunal are the most problematic, as it is
the body that has the power to rule against (check) any
extra-constitutional measures the government may attempt to
impose. End Summary.

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MAS Running Out the Congressional Clock
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2. (SBU) Opposition senator Luis Vasquez Villamar (PODEMOS,
La Paz) who serves as President of the Congressional
Constitutional Commission announced on November 19 that the
MAS is following a strategy to avoid a quorum in his
commission. Without a quorum, the commission cannot meet and
send forward to the full Congress a list of recommended
judicial appointments. According to news reports, a
significant number of MAS congressional representatives have
failed to attend four separate November commission meetings,
where the nomination of new judicial appointments was
supposed to be debated. With the Congressional recess only a
few weeks away, most in the opposition are convinced the MAS
is simply playing a waiting game arguing President Evo
Morales will almost certainly exercise his constitutional
authority to make appoint interim appointments during the
recess. Vasquez iterated the opposition's thoughts, "The only
explanation I can see at this time is that MAS wants to
postpone the nomination of these authorities . . . so that
(the President) can, in this time (Congress' recess),
designate (justices) by decree."

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Constitutional Tribunal Overwhelmed
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3. (C) With the October 26 resignation announcements of two
of five Constitutional Tribunal magistrates the court's
remaining three justices have not been able to keep up with
caseloads. Furthermore, as one of magistrates has been ill,
the court lacked the minimum quorum of three justices to rule
on any cases for the past few weeks. With three magistrates,
the justices must reach unanimous decisions for their rulings
to be legal (constitutional). Minority (or dissenting)
opinions are no longer an option. If the court does not
start ruling on cases soon, the magistrates could face legal
charges of "not fulfilling their constitutional obligations."
Emboff spoke to one of the three remain magistrates on
November 20. The magistrate expressed that the court feels
under siege, but mentioned that the three would begin ruling
on cases once again December 3. The magistrate shares
Senator Vasquez's assessment that the MAS has a concerted
strategy of blocking the election of new magistrates. If
President Morales designates interim magistrates, Emboff's
contact stated that the current three magistrates will resign
from the court.

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Comment
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4. (C) Senator Vasquez's warnings are likely more than the
declarations of a frustrated opposition. The judiciary is
the one branch of government in which President Morales and
the MAS have minimal sway. Filling judicial vacancies is
Congress' role under the Bolivian constitution. The president
has the constitutional authority to make interim
appointments, if there is a need and Congress is in recess.
MAS congress members appear comfortable turning over their
authority over to the president, if it means that the MAS
gains greater control over the judiciary than it could via
parliamentary deliberation. With more control over the
judiciary, President Morales' occasional threats to rule by
decree could become more than just rhetoric. End Comment.
GOLDBERG