US embassy cable - 03SANTODOMINGO7567

UNCLAS SECTION 01 OF 02 SANTO DOMINGO 007567 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR WHA AND DRL 
NSC FOR SHANNON AND MADISON 
LABOR FOR ILAB 
TREASURY FOR OASIA-LAMONICA 
USDOC FOR 4322/ITA/MAC/WH/CARIBBEAN BASIN DIVISION 
USDOC FOR 3134/ITA/USFCS/RD/WH 
 
E.O. 12958: N/A 
TAGS: DR, PGOV 
SUBJECT: DOMINICAN ELECTIONS #12: HATUEY IN CHECK, NO END 
GAME FOR PRD NOMINATION 
 
REF: A. (A) SANTO DOMINGO 7132 
     B. (B) SANTO DOMINGO 7490 
 
1. (SBU) Following is number 12 in our Dominican presidential 
election series: 
 
PRD PRIMARIES: HATUEY IN CHECK, BUT NO END GAME YET FOR THE 
NOMINATION 
 
The Central Electoral Board (JCE) on December 22 issued a 
ruling that many observers here believe will advance 
President Mejia's controversial bid for re-election.  The 
ruling sidelined one of President Mejia's four remaining 
challengers for the ruling PRD's presidential nomination, 
confirmed the validity of a primary election in which Mejia 
plans to compete with or without opponents, contributed 
nothing to repairing the deep divisions in the country's 
largest political party, and weakened the JCE's tenuous 
credibility as a nonpartisan referee of the presidential 
election process between now and May 16. 
 
The first and so far only official PRD candidate, elected in 
a primary December 7 (Ref A), PRD president Hatuey De Camps 
lost his advantage when the JCE ruled invalid the November 15 
rump meeting of the PRD National Executive Committee (CEN) 
that had authorized the primary election that nominated him. 
Hatuey bitterly criticized the JCE -- and specifically its 
plenary president Luis Arias -- for acting not as independent 
judges, but as partisans of Mejia's PRD/PPH faction.  Hatuey 
said his legal team would consider a possible appeal to the 
Supreme Court.  (Note: JCE decisions normally cannot be 
appealed, but may be if constitutional issues are involved. 
End note.) 
 
A different CEN meeting on November 15, which had convoked a 
PRD primary to include President Mejia and three other 
candidates, received the JCE seal of approval.  The 
organizers of this CEN had asked the JCE to rule on which CEN 
legally represented the PRD.  The JCE found that the second 
CEN -- attended by more than 500 members -- had gathered a 
quorum according to PRD rules, but the Hatuey De Camps CEN 
had fallen far short.  The JCE also ordered the PRD to reopen 
the nominating process to anyone not yet in the game. 
 
The three other challengers to Mejia -- Vice President 
Milagros Ortiz-Bosch, Tourism Secretary Rafael "Fello" 
Subervi, and Enmanuel Esquea -- held firm on their recent 
withdrawal from the authorized PRD primary with President 
Mejia, now rescheduled for January 18 (Ref B).  The three are 
considering a plan to commission two preference polls among 
PRD members and to unite behind whichever of the three scores 
the highest. 
 
The situation could unfold in several ways:  (1) Former 
nominee Hatuey De Camps may join with the three now that they 
have dissocated themselves from Mejia's primary; (2) The 
three -- or four -- may pool their supporters behind a single 
candidate to try to convince Mejia to drop out; or (3) The 
three may back a unity candidate who would then reverse 
position and re-enter the January 18 primary against Mejia. 
In its ruling, the JCE stipulated that it would monitor the 
primary election to ensure compliance with party rules and 
the law. 
 
JCE Dispute Resolution Chamber presiding judge Salvador Ramos 
promised to publish a full text of the decision with 
supporting arguments, but the release has been delayed. 
Plenary presiding judge -- and JCE head -- Arias publicly 
disclaimed any responsibility and said the JCE's Dispute 
Resolution Chamber had exclusive power to decide the case. 
Press reports indicated that the chamber's five judges had 
reached a 3-2 decision, with presiding judge Ramos reversing 
his position at the last minute.  According to the reports, 
the minority judges had proposed invalidating both CEN 
meetings, thus requiring the conflicting factions to 
compromise on a revised presidential nomination procedure. 
 
 
As of Christmas Eve, a traditional family holiday here, 
Archbishop Nicolas de Jesus Cardinal Lopez Rodriguez's recent 
call for a political truce is expected to postpone further 
significant moves until early January.  But for the PRD, 
already behind in nominating its presidential candidate, each 
delay dims the divided party's election prospects. 
 
2. (U) Drafted: Bainbridge Cowell. 
 
 
 
HERTELL