US embassy cable - 03GUATEMALA1743

UNCLAS GUATEMALA 001743 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV, KDEM, PINR, PREL, GT 
SUBJECT: SUPREME COURT STRIKES DOWN RIOS MONTT CANDIDACY, 
LEAVING CONSTITUTIONAL COURT AS FINAL ARBITER 
 
REF: A. GUATEMALA 1479 
     B. GUATEMALA 1530 
     C. GUATEMALA 1561 
 
1. (U) On July 4, the Supreme Court denied the appeal of FRG 
presidential candidate Efrain Rios Montt against a decision 
of the Registry of Citizens (Ref A) which stated that he 
could not be a candidate for President based on prohibitions 
contained in Article 186 of the Constitution.  Twelve of the 
Supreme Court magistrates voted to uphold the decision of the 
Registry of Citizens, and one voted against.  The Supreme 
Court decision was widely expected, following an earlier 
ruling by the Supreme Electoral Tribunal (reftels). 
 
2. (U) Rios Montt's legal representatives appealed the 
Supreme Court decision to the Constitutional Court, which has 
ten days to rule.  The Constitutional Court has the final say 
in the matter, and its decision can not be appealed.  Press 
reports claim that Rios Montt told followers that four of the 
seven Constitutional Court magistrates favor overturning the 
decision of the Registry of Citizens, thus allowing him to 
run for President. It is widely believed that the 
Constitutional Court in fact may be favorable to a 
constitutional interpretation that would enable Rios Montt to 
be a candidate. 
 
3. (U) Opposition and civil society leaders quoted in the 
anti-government press lauded the decision of the Supreme 
Court.  They called on the Constitutional Court to follow the 
lead of the Registry of Citizens, the Supreme Electoral 
Tribunal and the Supreme Court. 
HAMILTON