US embassy cable - 05QUITO1186

UNCLAS SECTION 01 OF 02 QUITO 001186 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, EC 
SUBJECT: SUPREME COURT REFORM CLEARS CONGRESS 
 
1.  Summary:  On May 18, Congress approved most of the 
President's partial veto to the reform governing the make-up 
of the Supreme Court, overriding only the provision which 
would have reduced the number of judges.  Despite lingering 
differences, Congressional approval clears the court reform 
to move into its implementation phase, expected to take at 
least three months.  In the meantime, Ecuador lacks a high 
court, constraining the administration of justice.  End 
Summary. 
 
Gutierrez' Party Votes With Majority on Override 
--------------------------------------------- --- 
 
2.  Former President Gutierrez' PSP party gave the majority 
parties that ousted Gutierrez the votes needed to maintain a 
31-magistrate Supreme Court.  The parties that voted in favor 
of overriding the President's partial veto were the PSC, ID, 
Pachakutik, PSP, PSE, DP, and MPD parties and independents. 
There was one vote against the override by Carlos Gonzalez 
(ID).  The PRIAN and PRE parties abstained from the vote, 
saying they did not want to be a part of the continued 
politicization of the court. 
 
3.  Ex-President Gutierrez had been in favor of shrinking the 
court to 16 magistrates.  Gilmar Gutierrez, PSP Congressman 
and brother of the ex-President, told press the PSP was 
seeking alliances with all sectors to move the country 
forward.  Others accused the PSP of trying to win the 
majority's goodwill to avoid the next round of 
politically-motivated Congressional purges. 
 
Judicial Vacuum To Last Three Months 
------------------------------------ 
 
4.  The Supreme Court will remain vacant until the new 
magistrates are named which will take approximately 90 days. 
The presidential veto struck down the creation of a seven 
person interim court, composed of the seven oldest judges 
from the superior courts, to handle urgent cases while the 
new court is being named.  The court will have 10 chambers 
with three magistrates each:  three criminal courts, three 
civil and commercial, two labor and social courts, one for 
administrative disputes, and one tax court. 
 
New Requirements for Magistrates 
-------------------------------- 
 
5.  The Supreme Court will have 31 magistrates, one of whom 
will be elected the court's president for a period of two 
years.  Eleven will be career judges, ten will be from 
universities, and ten will be from the private sector.  The 
requirements to be a magistrate will include:  holding a law 
degree received at least three years prior, not having been a 
political party or movement leader during the past five 
years, not being in debt to the State, not having a contract 
with the State, and not having defended someone found guilty 
of drug charges.  (This last provision has been opposed by 
legal scholars.) 
 
Committees to Designate New Magistrates 
-------------------------------------- 
 
6.  The committee that will designate the new magistrates 
will have five members: one member from the lawyers colleges, 
one representing the deans of law schools, one from the 
ministers of the superior courts and district tribunals, one 
from the national anti-corruption commission, and one named 
by human rights organizations.  After 15 days, the committee 
will prepare a decree to define the process for selecting 
among nominated candidates. 
 
Critics Already Emerging 
------------------------ 
 
7.  Human rights groups led by Valeria Merino of the group 
CLD have said they will not be a part of the committee to 
elect the new magistrates to the Supreme Court.  Human rights 
groups do not like the power the committee would have to 
select candidates, eliminate candidates arbitrarily, and want 
greater transparency built into the process.  Some human 
rights groups are threatening to send a complaint to the OAS 
stating their disagreement with Congress' decision. 
 
Government Disagrees With Congress' Decision 
-------------------------------------------- 
 
8.  Not happy with Congress' vote to maintain the 31 Supreme 
Court magistrates, Presidential legal advisor Roberto 
Gonzalez is reportedly considering drafting a new reform 
package to be submitted to Congress.  The reforms would 
reportedly include changes to the selection committee and to 
the role of international observers, to increase civil 
society and media participation in the process and ensure 
transparency.  The package could also seek to reduce the 
number of magistrates on the court.  Commenting on another 
key political issue related to the court reform already 
approved by Congress, Gonzalez said that the validity of the 
rulings made by the December 8 court, including dropping 
charges against ex-Presidents and Vice President Bucaram, 
Noboa, and Dahik, would be decided by the new court. 
 
International Organizations To Observe Process 
--------------------------------------------- - 
 
9.  According to the court reform passed by Congress, the 
selection process for the new court will be observed by 
international organizations including the United Nations, the 
European Union, and the Andean Community.  They will act with 
total freedom to follow the process to qualify and designate 
the magistrates.  They will be free to denounce any outside 
interference in the process. 
Comment 
------- 
 
10.  Congressional passage of Supreme Court legislation 
shifts debate from design to implementation, which promises 
to be no less controversial.  Until a new court is selected 
and sworn in, Ecuadorian justice will remain headless, 
preventing definitive rulings on appeals in the interim. 
Chacon