Identifier
Created
Classification
Origin
08RIGA322
2008-06-06 08:29:00
SECRET//NOFORN
Embassy Riga
Cable title:  

CHANGING OF THE GUARD AT THE SUPREME COURT

Tags:  PGOV KCOR KJUS LG 
pdf how-to read a cable
VZCZCXRO2816
RR RUEHFL RUEHKW RUEHLA RUEHROV
DE RUEHRA #0322/01 1580829
ZNY SSSSS ZZH
R 060829Z JUN 08
FM AMEMBASSY RIGA
TO RUEHC/SECSTATE WASHDC 4988
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
S E C R E T SECTION 01 OF 02 RIGA 000322 

NOFORN
SIPDIS

E.O. 12958: DECL: 06/05/2018
TAGS: PGOV KCOR KJUS LG
SUBJECT: CHANGING OF THE GUARD AT THE SUPREME COURT

Classified By: AMBASSADOR CHARLES W. LARSON JR. FOR REASON 1.4(b)

S E C R E T SECTION 01 OF 02 RIGA 000322

NOFORN
SIPDIS

E.O. 12958: DECL: 06/05/2018
TAGS: PGOV KCOR KJUS LG
SUBJECT: CHANGING OF THE GUARD AT THE SUPREME COURT

Classified By: AMBASSADOR CHARLES W. LARSON JR. FOR REASON 1.4(b)


1. (C) Summary: On June 5 Ivars Bickovics, currently the
Chair of the Political Panel in the Supreme Court, was
appointed by the Saeima (parliament) to become the next
Latvian Supreme Court Chief Justice, replacing Andris Gulans
who has had that position since 1994. Gulans, last day is
June 13. The nomination of Bickovics has been controversial
in the government, media and public, with allegations of
connections with the KGB and unclear circumstances
surrounding his Latvian naturalization. Though Bickovics is
not seen as necessarily corrupt, he is also not seen as a
dynamic agent of change. End summary.

Chief Justice Selection Process
--------------


2. (U) During a plenary session of the Supreme Court on May
8, Supreme Court Judges nominated four candidates to replace
Chief Justice Andris Gulans. (Gulans has been in that
position since 1994 and announced publicly that he would not
seek reelection to continue after his term expires on June
13.) The four candidates were current Supreme Court
Officials; Chief Justice Gulans, Pavel Grozins, Chair of the
Supreme Court Cassation Department, Valerijans Jonikans,
Chair of the Civil Case Department, and Ivars Bickovics,
Chair of the Criminal Panel. Bickovics was the only nominee
who accepted his nomination, and on May 9, 28 of the 44
Supreme Court Judges voted to confirm this nomination.


3. (S/NF) On Tuesday, May 27 the Saeima Legal Affairs
Committee voted to support Bickovics' appointment. Vineta
Muizniece, Chair of the Committee and Saeima coalition
member, supported the nomination, as did eight other
coalition MPs. Three voted against. On Wednesday, May 28 the
Constitution Protection Bureau (SAB) allowed Bickovics a
security clearance. (Comment: A member of the Saeima Legal
Affairs Committee told us that he believed the clearance was
pushed through while SAB Chief Kazocins was out of town.
Although post GRPO cannot confirm this, they stated that they
had the same speculation. End Comment) On June 5 during a
normal session the Saeima voted to appoint Bickovics to the
Chief Justice position for a 7-year term.

Nomination Controversy
--------------


4. (C) The nomination of Bickovics was controversial in the
press, within the government and with the Latvian public.
Although he is popular among the Supreme Court Judges and is
a champion on their behalf (much like a union representative)
he is not considered a proponent of transparency in the
workings of the Supreme Court. He relies instead on the
assertion of the power of the Court and the infallibility of
their decisions. Because of this and other factors, a contact
at the Saeima Legal Affairs Committee characterized his
nomination as a disaster. Another member of Saeima, from the
coalition, called him a representative of the "mafia of
judges."


5. (S/NF) Bickovics' past is also controversial. The press
reported that his name appears in KGB records held in Latvia
but never released. (Comment: It is widely believed that more
complete records exist in Moscow. A contact in the
Consitutional Court believes that some Latvians may have
access to these files, namely an attorney who figures
prominently in a controversial book published last fall
exposing unethical practices among judges, revealed through
unauthorized telephone taps. End Comment) Bickovics told the
Latvian Security Police (LSP) that the KGB approached him
after his law studies with an offer of employment, but he
declined their offer. The LSP told us that they had no
evidence of affiliation beyond that.


6. (U) Also in question is how Bickovics received Latvian
naturalization given his Polish heritage. His first
application in the 1990s was initially rejected. However, he
asserted that he had a right to Latvian nationality because
his grandmother, while working in Latvia, had an illegitimate
child (Bickovics, mother) with a Latvian. The naturalization
application was later accepted by an Aizkraukle court where
Bickovics was working as a judge. Latvian immigration
officials are researching this case with no projected
deadline for findings.


7. (C) Comment: There is no love lost between Gulans and
Bickovics. The Supreme Court public affairs section did not
make an effort to endorse or defend Bickovics while the
controversy raged. He has the reputation of turning inward to
protect his own -- the other judges -- in difficult
situations and relying on the public,s belief in the honesty
and integrity of the Supreme Court instead of addressing

RIGA 00000322 002 OF 002


issues transparently. Bickovics, assencension is now secure,
but sources state that, though Bickovics is not necessarily
viewed as threatening or corrupt, the Latvian legal system
will most probably undergo a period of stagnation with him at
the helm. End Comment.
LARSON