COURT APPROVES PRESIDENT'S SENATE CANDIDACY

C O N F I D E N T I A L ASUNCION 000115

SIPDIS

SIPDIS

STATE FOR WHA/BSC KREAD

E.O. 12958: DECL: 02/22/2028
TAGS: PGOV PREL PA
SUBJECT: COURT APPROVES PRESIDENT'S SENATE CANDIDACY


Classified By: DCM Michael J. Fitzpatrick; reasons 1.4 (b) and (d).


1. (U) Paraguay's Electoral Court upheld President Nicanor
Duarte Frutos, Senate candidacy February 12. The decision
rejected challenges by both National Solidarity Party
president Carlos Filizzola February 4 and Beloved Fatherland
presidential candidate Pedro Fadul February 5. The
opposition actions, which beat the February 6 deadline for
electoral impugning, were the materialization of legal
debates dating back to August 2007 over the constitutionality
of Duarte,s senatorial ambitions. Duarte met criticism in
2007 after voicing his desire to acquire a seat in the Senate
following his term as president, in addition to the
constitutionally awarded lifetime seat as a non-voting
senator for former presidents. Duarte responded February 5
to the allegations, asserting that his opponents, challenges
are "political persecution" with no constitutional backing.


2. (U) Oscar Facundo Ynsfran, chairman of the 1992
Constitutional Convention, told local media February 3 that
Duarte was violating both the "letter and spirit" of the
constitution. According to the constitution, Duarte,s roles
as head of state and commander in chief of the armed forces
preclude him, Ynsfran affirmed, from holding a public office
when the new Congress convenes in July -- six weeks before
the end of Duarte's tenure. From the other side, Marciano
Torales, general counsel of the Colorado Party, argued that
no law explicitly prevents the president from running for
senator. Similarly, Victor Nunez, president of the Supreme
Court, stated February 6 that he is proud to be a Colorado,
and went on to suggest that jurisprudence will not prevent
Duarte from running for senator, a conviction that held true
with a ruling in favor of Duarte February 12, the deadline
for resolving the electoral dispute.


3. (C) COMMENT: Despite the possible constitutional
violations alleged by the opposition, political control of
the judiciary here is such that Duarte,s disqualification as
a senate candidate was always highly unlikely. It is
difficult to separate constitutional interpretation from
partisan convictions on either side of the debate, and any
grey area undoubtedly swings in favor of Duarte and the
ruling Colorados. This is, after all, Paraguay. END COMMENT.


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