ECUADOR: COURT OVERTURNS TSE RULING, CONGRESS

C O N F I D E N T I A L QUITO 000949 SIPDIS SENSITIVE SIPDIS E.O. 12958: DECL: TEN YEARS TAGS: PGOV PREL EC SUBJECT: ECUADOR: COURT OVERTURNS TSE RULING, CONGRESS DISMISSES COURT Classified By: PolChief Erik Hall for reasons 1.4 (b&d). ¶1. (C) In a surprise decision on April 23, Ecuador's Constitutional Court (TC) reinstated 50 of the 57 dismissed members of Congress. President Correa immediately rejected the ruling by Ecuador's highest court as an "inexecutable...new tactic by the partidocracy," and contrary to overwhelming support for the government's change agenda. Supreme Electoral Tribunal (TSE) president Jorge Acosta cited technical flaws and prepared to move against the six (of nine) justices who authored the decision. Congress saved him the effort, voting to replace the TC on April 24. These developments are just the latest in an ongoing institutional dispute between Correa-backed election authorities and the main opposition to the Correa government. The court of public opinion is solidly with the government and focused more on the national constituent assembly than on this festering institutional dispute in which nearly all moves are of dubious legal standing. The TSE is expected to announce Assembly elections for September 30 shortly. End Summary. Court Strikes First ¶2. (U) On April 23, a day before Congress planned to replace the Constitutional Court for exceeding its legal term (RefTel),six of the TC's nine justices ruled in favor of an appeal of a Manabi provincial court's ruling against the 57 expelled congressmen. Since only 50 of the 57 had signed the appeal, the ruling applies only to them. Correa Defiant ¶3. (U) President Correa immediately responded to the TC ruling as a "new play from the 'partidocracy' (traditional political/economic elite opposed to Correa's reform agenda)." He called the TC "a politicized entity apparently desperate because Congress was ready to restructure them as they have served beyond their terms." In an apparent reference to the TSE, Correa said "appropriate institutions will punish SIPDIS members of the Court." Correa insisted that the 57 "continue to be dismissed," and could be arrested for upsetting public order if they tried to return to Congress. TSE President Jorge Acosta initially cited technical problems with the ruling, including the fact that it was not signed by all the justices. The TSE later reportedly filed a formal complaint against the six justices with the Attorney General. �00A; Congress, Abandoned, Takes Revenge ¶4. (U) Anticipating the ruling, President of Congress Jorge Cevallos promptly decamped to attend a meeting in Uruguay, leaving Congress' reins in the hands of Miguel Castro, the newly designated 1st VP of Congress. Castro, from the rebel Dignity Bloc of substitute deputies, called Congress into session on April 24, but refused entry to a TC representative seeking to formally notify Congress of its ruling. Dismissed PRIAN congresswoman Sylka Sanchez called CG PolOff to inform that she and other dismissed congressmen were also barred entry to Congress. "We are at the gates, but the police are keeping us out," she reported. "It's the end of democracy in Ecuador." ¶5. (U) Fifty-two members of Congress on April 24 passed a resolution declaring the legal four-year period of the current Constitutional Court completed. The current court took office on February 22, 2006, replacing the Court prematurely dismissed by Congress in December 2004. In February 2006, members of Congress differed over whether the Court appointed at that time would serve out the term of their predecessors (i.e. until January 2007) or a full four-year term. The April 24 resolution supports the former opinion. (Note: Supreme Court President Jaime Velasco, a relatively impartial and credible observer in this dispute, told the Ambassador that he believed Congress would be legally correct in asserting that the current TC had overstayed its term. End Note.) Comment ¶6. (C) The current standoff over the TC ruling is the latest in the ongoing institutional dispute over the TSE's dismissal of the 57 congressmen. With the current legal situation even muddier, some things have not changed. As before, the protagonists in the dispute are the TSE, supported by the government, and opposition deputies, now supported by the TC. While the TC ruling is in fact guided by the current constitution, potentially valid legal rejoinders do exist and the Correa government is giving no sign it will accept the decision. Instead, the government (and TSE) argue (with some basis in the constitution) that the TSE has supreme authority among competing institutions during electoral periods. The TC ruling, however, was neatly timed between electoral periods--final referendum results were declared on April 20 and the convocation of the election for the national constituent assembly is now expected for April 24--the election date is expected to be set for September 30. ¶7. (C) If recent history is any guide, constitutional arguments, though integral to public debate of the TC ruling, will not determine a resolution (or continued stand-off). Instead, public support for the assembly is the Correa government's ballast and likely to be determining factor. The public generally supports Correa's argument that the opposition deputies do not deserve to return, and is apparently more interested in getting on with the assembly than worrying about the fate of a de facto lame duck Congress. Perhaps of greater relevance is whether this could open the path for any of the 57 to become eligible to run for the assembly. Influential weekly "Vistazo" editor Patricia de Burbano told CG PolOff that she expects continued "chaos" for at least the next few days. "El Universo" Columnist Emilio Palacio agreed, noting that "it will take time to sort through the legal aspects of this." Protests against the Court ruling took place in Quito on April 24; more have been announced by Correa's Alianza Pais movement in Guayaquil. JEWELL