PARAGUAYAN SUPREME COURT VACANCIES

C O N F I D E N T I A L ASUNCION 000406

SIPDIS

STATE FOR WHA/BSC KBEAMER

E.O. 12958: DECL: 06/18/2028
TAGS: PGOV KJUS PA
SUBJECT: PARAGUAYAN SUPREME COURT VACANCIES

REF: 07 ASUNCION 1075

Classified By: A/DCM John Beed for reasons 1.4 (b) and (d).

--------------
SUMMARY
--------------


1. (C) Paraguay's notoriously politicized judiciary remains
a major impediment to continued democratic progress. While
the Supreme Court has made recent strides in terms of putting
in place new transparency and accountability systems, the
selection process for judges remains opaque and linked to
political parties and executive branch influence. The
possibility of two vacancies on the Paraguayan Supreme Court
has been the center of press attention in past weeks. Former
Supreme Court minister (justice) Wildo Rienzi Galeano's
retirement in July 2007 created the first vacancy, and
controversy surrounding Supreme Court President Victor Nunez'
term could lead to a second. Some jurists argue the Senate
must renew Supreme Court justices' mandates every five years;
others argue that once appointed, justices remain on the
court until age 75. Although president-elect Fernando Lugo
promised judicial reform as part of his administration's
anti-corruption efforts, his reform attempts will certainly
meet strong resistance in the courts, which have an interest
in maintaining the status quo. The public supports Lugo's
calls for judicial reform due to widespread perceptions that
the judiciary is corrupt and does not act independently. If
Lugo is serious about fighting corruption and modernizing
Paraguay, judicial reform would be an important, if
difficult, place to start. END SUMMARY.

--------------
POLITICAL WRANGLING OVER THE COURT
--------------


2. (C) Paraguay's notoriously politicized judiciary remains
a major impediment to continued democratic progress. While
the Supreme Court has made recent strides in terms of putting
in place new transparency and accountability systems, the
selection process for judges remains opaque and linked to
political parties and executive branch influence. The
possibility of two vacancies on the Paraguayan Supreme Court
has been the center of press attention for past weeks. The
Court has had one vacancy since former justice Wildo Rienzi
Galeano retired in July 2007 at age 75, and the Senate has
not yet named his successor. The opposition-controlled
Senate has postponed acting on a slate of three candidates
for the vacancy since October 2007 because it deemed the
slate too pro-Colorado. (NOTE: The Magistrate Council
submitted Colorados Emiliano Rolon, Irma Bogarin, and
Augustin Lovera Canete to the Senate for consideration. All
are appeals court judges with criminal law backgrounds. END
NOTE.)


3. (C) Controversy surrounding Supreme Court President
Victor Nunez' term could now lead to a second vacancy. As of
June 4, Nunez completed five years on the Court. The
Colorado-dominated Court sent a June 3 letter to the
Magistrate Council, which the Council interpreted as the
Court's announcement of a vacancy, triggering an announcement
that the Magistrate Council will begin accepting
applications. (NOTE: The letter also referred to judicial
precedence supporting Nunez' right to tenure until age 75.
END NOTE). Nunez' Supreme Court colleagues officially
endorsed the 66-year-old's right to tenure June 10,
attempting to allow him to stay in office until he reaches 75
years of age. Nunez will likely file a constitutional
challenge to the Magistrate Council's action, which will
ultimately be decided by his colleagues on the high court.


4. (C) Some jurists argue that the Senate must renew
justices' mandates every five years until retirement. Supreme
Court justices -- most of whom are Colorados -- argue that
the Constitution allows them to remain in office until age

75. The Court previously ruled that judges whose mandates
have been renewed twice by the Senate may invoke tenure and
stay in office for life. Four Supreme Court justices invoked
their right to tenure in order to stay in office, and Justice
Alicia Pucheta told Pol/Econ Chief June 5 that the Supreme
Court has ruled to allow them to do so. (NOTE: The Court
previously upheld the right to tenure for justices Antonio
Fretes, Felipe Paredes, Irala Burgos, and Enrique Sosa. END
NOTE.)

--------------
DE-POLITICIZING THE JUDICIARY
--------------


5. (C) Although President-elect Lugo promised judicial
reform as part of his administration's anti-corruption
efforts, his reform attempts will certainly meet strong
resistance in the courts and from elements in Congress. The
Colorados control the judicial branch, particularly the
Supreme Court and National Elections Tribunal (TSJE),and
will likely attempt to maintain the status quo. (NOTE: The
Ultima Hora newspaper reported in 2007 that 62 of judges are
Colorado Party members while 11 percent are Liberals. END
NOTE.) Calling a constituent assembly to amend the
Constitution and depoliticize judge selection process (in
essence by political quotas) would be one option to consider.
The Senate could also clean up the high court by impeaching
judges one by one -- perhaps starting with Nunez.

--------------
COMMENT
--------------


6. (C) The public supports Lugo's calls for judicial reform
because it perceives that the judiciary is corrupt and does
not act independently (reftel). Concerns about Paraguay's
judiciary are increasingly acute in light of the two possible
Supreme Court vacancies, which the Senate and the courts will
grapple with in coming weeks. If Lugo is serious about
fighting corruption and modernizing Paraguay, judicial reform
would be an important, if difficult, place to start.
However, his task will be daunting -- support for maintaining
the status quo has very deep roots in Paraguay. END COMMENT.

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

Cason