US embassy cable - 04QUITO3108

UNCLAS QUITO 003108 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, EC 
SUBJECT: PRO-GOVT CONGRESSIONAL MAJORITY FLEXES MUSCLES 
 
REF: QUITO 3081 
 
1.  Summary:  In a marathon session November 25, the new, 
pro-government legislative majority bypassed President of 
Congress Guillermo Landazuri's programmed agenda and elected 
Jorge Montero second vice president.  It then replaced the 
members of the Constitutional Tribunal (TC) and the Supreme 
Electoral Tribunal (TSE), an attack on the Social Christian 
Party, which before had controlled the TC and heavily 
influenced TSE decisions.  Both moves drew fire from the 
now-minority opposition.  End Summary. 
 
2.  On November 25, the new Congressional majority (SP, PRE, 
PRIAN, MPD-PSE, DP and independents) elected Jorge Montero 
(CFP) as the second vice president of Congress.  The vote 
tally showed 55 votes in favor, 32 abstentions and one vote 
for another candidate.  Montero will hold this post, vacant 
for nearly two years, only until January 2005, when all 
Congressional leadership positions turn over.  This vote 
followed the majority's earlier procedural motion to "appeal" 
Guillermo Landazuri's leadership of the session, thus 
sidelining the Democratic Left (ID) leader and allowing 
changes to the day's legislative agenda. 
 
3.  Going well past midnight, the new majority revamped the 
TC's and TSE's membership.  They cited as grounds for the TC 
restructuring the fact that in March 2003, its members were 
approved in a block, an unconstitutional act.  The TC changes 
dealt a blow to PSC, which lost control of the institution. 
Of the seven members removed (from nine total), five, 
including the president, were PSC.  The others were from 
Pachakutik and ID.  PSC-affiliated court members earlier had 
ruled against the D'Hondt method of legislative seat 
allocations, harming small party representation and earning 
it the ire of Ecuador's numerous minority institutions.  The 
newly elected TC judges will hold their posts until January 
2007. 
 
4.  During the session, opposition (PSC, ID and Pachakutik) 
deputies fought a procedural defense, claiming that a 
"political trial", not a resolution, was required to revamp 
court membership (the former requires a two-thirds vote, the 
latter, only a majority).   Sitting TC judges shared this 
opinion, claiming there was no legal grounds for removal by 
resolution. 
 
5.  After the fact, opposition-affiliated politicians and 
business leaders protested loudly.  Ex-TC President Oswaldo 
Cevallos denounced the replacement of TC and TSE members as 
illegal, threatening to file complaints with international 
human rights courts.  Close Embassy contact Luis Fernando 
Torres, a PSC deputy, purportedly claimed that Free Trade 
Agreement concerns were behind the TC purge (the TC will rule 
on its constitutionality), but offered few details.  Business 
leader Blasco Penaherrera claimed the reorganization was 
unconstitutional and akin to a coup d'etat.  Labor and the 
indigenous differed in opinion, with FEINE, FENOCIN, and FUT 
supporting the court putsch. 
 
6.  According to media accounts, the new majority also hopes 
to elect a new attorney general, comptroller general and 
human rights ombudsman, possibly in January 2005.  To elect a 
new AG, 51 votes are needed, while 67 are needed for the 
other two posts. Currently the majority has a base of 54 
votes.  In its drive to reach 67, the majority hopes soon to 
convert Pachakutik, currently controlling 10 votes. 
 
COMMENT 
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7.  The new majority in Congress seems intent on seeking 
revenge against the PSC and, to a lesser extent, ID.  Parties 
of all stripes had railed against the Social Christians for 
its alleged control of Ecuador's highest courts.  These 
latest maneuvers thus come as no surprise.  The grounds cited 
to purge the TC are dubious, however, as our glance through 
Ecuador's constitution shows no distinction between voting on 
individuals and candidate slates.  But in "pick and choose 
the law to apply" Ecuador, this too is no surprise. 
KENNEY