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. Please visit us at http://www.state.sgov.gov/p/wha/asuncion CASON