US embassy cable - 05ASUNCION357

UNCLAS SECTION 01 OF 02 ASUNCION 000357 
 
SIPDIS 
 
STATE FOR WHA/BSC 
STATE PASS TO USTR FOR SCRONIN, LYANG 
TREASURY FOR OSIA MAUREEN WAFER 
COMMERCE ITA SARAH COOK 
NSC FOR KIMBERLY BRIER 
SOUTHCOM FOR POLAD 
 
E.O. 12958: N/A 
TAGS: PREL, PGOV, PA, KCRM 
SUBJECT: PARAGUAY: IMPLEMENTING NEW SELECTION CRITERIA FOR 
JUDGES, PROSECUTORS, AND PUBLIC DEFENDERS 
 
1.  SUMMARY:  In April, the Government of Paraguay will 
implement a new program of selection criteria for judges, 
prosecutors, and public defenders, to be managed by the 
Council of Magistrates.  This is a significant step in 
assuring a more independent and impartial judiciary and 
public ministry, reducing chances for political influence and 
installing a merit-based selection mechanism.  Following 
increasing political, civil society, and media pressure, the 
Council of Magistrates recently adopted an internal 
regulation that sets forth criteria for selecting judges, 
members of courts of appeals, prosecutors, and public 
defenders.  For the first time judicial positions will be 
filled by candidates who will be competing on pre-established 
and defined criteria.    END SUMMARY. 
 
2.  The Council of Magistrates is a constitutionally mandated 
institution, composed of eight members, with the authority to 
nominate and select members of the judiciary, including 
members of the courts of appeals, judges, prosecutors, and 
public defenders.  Among the council's members are two 
representatives of the congress, one representative of the 
executive branch, two representatives of law schools, two 
representatives of the Paraguayan Bar Association, and one 
representative of the Supreme Court. 
 
3.  Currently, the process for judicial appointments is not 
transparent and subject to political intervention and opaque 
practices.  Concern about the lack of transparency prompted 
the Executive Branch, civil society organizations, and the 
press to strongly pressure for reform of the selection 
process for judicial officials.  On February 16, the Council 
adopted an internal regulation that established criteria for 
the selection of judges, appellate court members, 
prosecutors, and public defenders.  The regulation 
establishes a grading system based on six items 
(psychological and vocational testing, general studies exams 
and subject-matter specific testing, relevant advanced 
degrees, job experience, work experience within the 
judiciary, and a personal interview).  The criteria adopted 
specifically defines each item and allocates points for each, 
allowing for a total of 1000 points to be earned. The new 
process establishes a more transparent, merit based mechanism 
for measuring potential candidates, and limits subjectivity 
to the interview process, which accounts for twenty-percent 
of the total score.  However, the criteria rate job 
experience and other work experience within the judiciary 
very low, each earning a total of 50 points.  The Council of 
Magistrates will apply these criteria for the first time on 
April 5, 2005, when it administers the first series of 
examinations to more than 800 candidates for criminal 
prosecutor positions. 
 
4.  Critics have called the new system unconstitutional on 
the basis that it provides unequal access to examinations and 
heavily emphasizes post-graduate education programs which are 
needed to fulfill selection criteria.  According to POLOFF 
conversations with members of the judiciary and prosecutors, 
some agree that the new system poses significant obstacles 
for candidates from the interior departments (all departments 
outside of the capital region) as all testing, interviews, 
and continuing legal education courses will take place in 
Asuncion. Additionally, a prosecutor told POLOFF that each 
individual is responsible for paying any fees associated with 
the examinations and his/her travel costs to Asuncion--which 
could be a weekly expense for some courses that run each 
Saturday--potentially deterring candidates from submitting 
their applications.  One prosecutor complained to POLOFF that 
every five years members of the judiciary must reapply for 
their position and will be subject to the new selection 
criteria. (NOTE: While inconvenient to current members of the 
judiciary, re-evaluating renewal applicants every five years, 
is actually a positive step in that the system, in theory, 
should screen applicants with the new selection criteria and 
eradicate corrupt individuals appointed in the past.) 
 
5.  Post's USAID Mission has been working with the Council 
for over a year to implement a strategy for combating 
corruption within the judiciary.  A primary component of this 
strategy includes establishing new selection criteria for 
judges and prosecutors.  The USAID Mission also is supporting 
the Council of Magistrates in implementing software and in 
creating a database to be used as an electronic registry of 
potential job applicants.  Post will continue to monitor the 
deployment of the new criteria and report any further 
reactions or developments septel. 
KEANE