Identifier
Created
Classification
Origin
08ANTANANARIVO464
2008-07-01 11:30:00
UNCLASSIFIED
Embassy Antananarivo
Cable title:
JUDICIAL INDEPENDENCE IN MADAGASCAR
how-toR 011130Z JUL 08 FM AMEMBASSY ANTANANARIVO TO SECSTATE WASHDC 1411 INFO SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE DIA WASHDC CIA WASHDC NSC WASHDC MILLENNIUM CHALLENGE CORP WASHINGTON DC
UNCLAS ANTANANARIVO 000464
DEPT FOR AF/E, DRL and INR/AA
E.O. 12958: N/A
TAGS: PGOV KDEM PINR MA
SUBJECT: JUDICIAL INDEPENDENCE IN MADAGASCAR
Ref: Antananarivo 1269
UNCLAS ANTANANARIVO 000464
DEPT FOR AF/E, DRL and INR/AA
E.O. 12958: N/A
TAGS: PGOV KDEM PINR MA
SUBJECT: JUDICIAL INDEPENDENCE IN MADAGASCAR
Ref: Antananarivo 1269
1. Starting May 28, the Malagasy Supreme Court weekly session began
to examine more than 220 complaints regarding reported
irregularities in the mayoral elections of December 12, 2007. To
date around 70 complaints have been addressed, with the majority
dismissed for not following correct legal procedures. In most cases
the Court confirmed the decisions of the lower Court, but it
overturned eight decisions. Five of these entailed disqualifying a
previously declared victor affiliated with President Ravalomanana's
TIM Party. In one other instance, the Supreme Court ordered a new
election in Mitsinjo, because the lower court in question issued two
contradictory verdicts the same day, first declaring the independent
candidate as the winner and then reversing itself to declare the TIM
candidate the winner.
2. These initial results have been widely commented within Malagasy
political circles. Government officials and TIM party members point
to the Supreme Court's verdicts as a sign of the independence of the
Malagasy judiciary and the strength of democracy in Madagascar. The
opposition, however, argues that the results were originally
falsified to favor TIM candidates in anticipation of indirect
elections for regional advisors (in March 2008) and senators (in
April). They note that the "illegitimate" mayors participated in
these elections. Now that the elections are over, and these votes
are no longer needed, the opposition suggests that their dismissal
is no longer a great hardship to the governing Party.
3. COMMENT: There is a kernel of truth to both of these arguments.
However, given the overwhelming TIM victory in the mayoral
elections (Reftel),it is unlikely that a handful of mayors would
have made much difference in the indirect elections of the regional
advisors and senators. On balance, we interpret the removal of the
TIM mayors as a relatively healthy indicator of judicial
independence. END COMMENT.
SIBLEY
DEPT FOR AF/E, DRL and INR/AA
E.O. 12958: N/A
TAGS: PGOV KDEM PINR MA
SUBJECT: JUDICIAL INDEPENDENCE IN MADAGASCAR
Ref: Antananarivo 1269
1. Starting May 28, the Malagasy Supreme Court weekly session began
to examine more than 220 complaints regarding reported
irregularities in the mayoral elections of December 12, 2007. To
date around 70 complaints have been addressed, with the majority
dismissed for not following correct legal procedures. In most cases
the Court confirmed the decisions of the lower Court, but it
overturned eight decisions. Five of these entailed disqualifying a
previously declared victor affiliated with President Ravalomanana's
TIM Party. In one other instance, the Supreme Court ordered a new
election in Mitsinjo, because the lower court in question issued two
contradictory verdicts the same day, first declaring the independent
candidate as the winner and then reversing itself to declare the TIM
candidate the winner.
2. These initial results have been widely commented within Malagasy
political circles. Government officials and TIM party members point
to the Supreme Court's verdicts as a sign of the independence of the
Malagasy judiciary and the strength of democracy in Madagascar. The
opposition, however, argues that the results were originally
falsified to favor TIM candidates in anticipation of indirect
elections for regional advisors (in March 2008) and senators (in
April). They note that the "illegitimate" mayors participated in
these elections. Now that the elections are over, and these votes
are no longer needed, the opposition suggests that their dismissal
is no longer a great hardship to the governing Party.
3. COMMENT: There is a kernel of truth to both of these arguments.
However, given the overwhelming TIM victory in the mayoral
elections (Reftel),it is unlikely that a handful of mayors would
have made much difference in the indirect elections of the regional
advisors and senators. On balance, we interpret the removal of the
TIM mayors as a relatively healthy indicator of judicial
independence. END COMMENT.
SIBLEY