US embassy cable - 05QUITO2439

UNCLAS QUITO 002439 
 
SIPDIS 
 
PASS TO WHA OAS 
 
E.O. 12958: N/A 
TAGS: PGOV, PINS, EC 
SUBJECT: INTERNATIONAL SUPPORT KEY TO SUPREME COURT 
ACCEPTANCE 
 
REF: QUITO 1186 QUITO 1461 QUITO 1838 
 
 1.  Summary:  A new Ecuadorian Supreme Court is expected to 
be in place by late November, but the work will not end when 
the selection commission seats new justices.  Jose Antonio 
Viera, a Chilean Senator appointed by the OAS to monitor 
Ecuador's Supreme Court selection process, told the 
Ambassador and other ambassadors on October 25 that a strong 
international show of support will be necessary to keep the 
judges on the bench.  The fledgling court could also fall 
victim to dismissal by a popular assembly, if the assembly 
occurs as President Palacio proposes.  End Summary 
 
2.  Establishing a new Supreme Court to replace the one 
disbanded in April by Congress just prior to the fall of 
ex-President Gutierrez is essential to begin rebuilding 
Ecuadorian jurisprudence and rule of law. The biggest problem 
the newly-formed court will face, once installed, is gaining 
credibility in Ecuador, Viera said. Especially since its 
recomposition was by improvised law rather than 
constitutional rules.  Some speculate that the court might 
only be in place for a few weeks before the party powerful 
will seek to disband it because they do not control it. 
Palacio wants the court validated through a referendum, but 
Viera and other meeting attendees -- including ambassadors 
from Brazil, Chile and Spain -- believe this would be too 
risky, with disillusioned Ecuadorians poised to reject any 
question put to them in a referendum. 
 
3.  Also key to the court's survival, according to this 
group, is ensuring that it does not become an issue for 
debate by a popular assembly.  Congressman Luis Fernando 
Torres (PSC) told PolOffs on October 26 that members of a 
constituent assembly could undo the selection commission's 
months of work and dissolve the court at whim. Palacio 
continues to insist that a constituent assembly is necessary 
to achieve deep-seated political reforms in the country. 
 
4.  Comment:  We will work with the OAS and others to 
publicly underscore international support for the new court 
once selected.  Prominent international figures, such as 
former Spanish President Felipe Gonzalez or others, could 
attend the court inauguration.  The Madrid Club has been 
supportive of the selection process thus far, and is open to 
the idea at the working level here. 
JEWELL