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.

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