US embassy cable - 04QUITO3167

UNCLAS QUITO 003167 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, EC 
SUBJECT: PRESIDENT GUTIERREZ CALLS CONGRESS BACK TO DEBATE 
COURT REFORM 
 
REF: QUITO 3108 
 
1.  (SBU) On December 5, in a surprise exercise of 
constitutional privilege, President Gutierrez canceled his 
planned trip to Peru and called Congress back from recess 
into extraordinary session on December 8.  In so doing he 
requested that they consider three issues:  1) the censure of 
recently expelled members of the constitutional court; 2) the 
constitutionality of the current composition of the Supreme 
Court; and 3) the system for division of provincial and 
municipal council seats among minority parties.  The move has 
generated controversy within the government's "progressive 
alliance" (for not being consulted), and among the 
opposition.  Both sides were meeting today to define strategy 
for the session.  Gutierrez appears intent on exploiting his 
alliance to purge the courts of opposition manipulation, and 
willing to invoke dubious constitutional arguments to justify 
the move.  End Summary. 
 
2.  (U) Gutierrez convoked the Special session after a 
Pichincha court ruled on December 3 in favor of an injunction 
request to suspend Congress' November 25 Congressional 
resolution replacing members of the Constitutional Court.  A 
government legal advisor later asserted that the review of 
the current composition of the Supreme Court derives from the 
fact that the current court was selected under the previous 
constitution.  The 1998 constitution called for transitional 
appointments to end on January 1, 2003.  Gutierrez also 
publicly accused Supreme Court President Hugo Quintana of 
lobbying the local judge to accept the injunction request, 
from two former CC magistrates affiliated with the main 
opposition Social Christian Party. 
 
3.  (SBU) Gutierrez had given no hint of the surprise move in 
a meeting with the Ambassador and DCM on December 2, 
expressing respect for the Constitution and anticipation of 
his visit to Peru for the creation of the Community of South 
American nations. 
 
4.  (U) On December 4 the provincial judge ruled in favor of 
suspension of the Congressional measure replacing most 
members of the Constitutional Court, putting the legality of 
the move into question. 
 
5.  (U) The "progressive alliance," which includes President 
Gutierrez' Patriotic Society Party, had approved the law 
replacing seven of nine Constitutional Court judges on 
November 25, with a simple majority of 55 votes (RefTel). 
The coalition also includes the PRE, PRIAN, MPD, DP, 
Socialist Party, CFP, and numerous independent deputies. 
Some members of the alliance publicly expressed pique at not 
being consulted by the President before he made the surprise 
announcement. 
 
6.  (U) Opposition leaders in the PSC and ID denounced the 
President's proposed agenda as "dictatorial" and 
unconstitutional and met on December 7 to discuss their 
opposition strategy.  ID leader Guillermo Landazuri said the 
ID would boycott the session, but has apparently changed tact 
and will now attend.  PSC leader Febres-Cordero launched a 
media blitz criticizing the move and alleging evidence of new 
corruption within the government.  He said the PSC would 
attend the session to oppose the President's agenda. 
 
Comment 
------- 
 
7.  (SBU) The President's decision to call a special session 
came during speculation that Congress President Landazuri was 
himself considering calling Congress back to discuss issues 
which divide the alliance.  This and the injunction appear to 
have spurred the Administration to seize the initiative and 
seek to exploit its current alliance to purge the courts of 
PSC control.  Given the fragility of the alliance and the 
thin constitutional justification for interference with the 
courts, the government may find it difficult to pass 
substantial court reform, even with a simple majority. 
Electoral reform and the censure motion against the dismissed 
constitutional judges are more likely to prosper.  All 
members of the alliance voted for the replacement of the 
judges and want to cover their legal flank; all are also 
minority parties which suffered from the constitutional 
court's rejection of the prior method to boost minority 
representation on city and provincial councils. 
KENNEY