US embassy cable - 03GUATEMALA1774

UNCLAS GUATEMALA 001774 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, KDEM, PINR, KJUS, GT 
SUBJECT: RECUSAL OF CONSTITUTIONAL COURT MAGISTRATES 
GENERATES GREATER UNCERTAINTY OVER RIOS MONTT CANDIDACY 
 
REF: GUATEMALA 1760 
 
1. (SBU)  Summary:  The recusal of one Constitutional Court 
magistrate and attempted recusal of five others on July 9 
created a temporary crisis in the Court's consideration of 
the case involving the eligibility of Efrain Rios Montt to be 
a presidential candidate.  The crisis was resolved when the 
Court accepted the recusal of the first magistrate, but then 
turned down the recusal of the remaining five.  The Court 
replaced the recused magistrate with the only alternate that 
did not attempt to recuse himself, and the public hearing of 
the Rios Montt case is scheduled to proceed on the evening of 
July 10.  The court has five days after the hearing to 
present its ruling.  The recusals and consequent replacement 
of one magistrate create greater uncertainty over the outcome 
of the case, as the magistrate that recused himself was 
widely viewed as pro-Rios Montt, and the loyalties of the 
replacement is uncertain.  End summary. 
 
2. (SBU) The decision by President of the Constitutional 
Court Mario Ruiz Wong to select two alternate members of the 
court hearing the Rios Montt candidacy case by a lottery that 
was not transparent (reftel), led permanent member Nery Saul 
Dighero on July 8 to recuse himself from hearing the case. 
Dighero was widely viewed as being sympathetic to Rios 
Montt's candidacy, and his departure threatened the presumed 
4 to 3 majority Rios Montt was believed to have in the court. 
 In response, on July 9 two other permanent members of the 
court and three alternates (all viewed as opposing Rios 
Montt's candidacy) wrote the President of the Court to recuse 
themselves also from the case.  These recusals, if accepted, 
would have deprived the Constitutional Court of the quorum 
necessary to decide the Rios Montt case. 
 
3. (SBU) Court President Ruiz Wong called an urgent meeting 
of the Court (which the recused members attended), and voted 
on the recusals.  The Court, by a one vote majority accepted 
the recusal of Dighero, replaced him with alternate 
magistrate Carlos Reynoso Gil, and turned down the recusals 
of the other five magistrates.  The action permitted the 
Court to go ahead with the public hearing of the Rios Montt 
case, scheduled for the evening of July 10.  The Court has 
five days after the hearing to render a verdict. 
 
4. (SBU) Comment:  Opponents of Rios Montt's candidacy viewed 
the recusal of the five magistrates as a way to force 
Constitutional Court President Ruiz Wong to re-hold the 
lottery for the two alternate magistrates in a transparent 
manner that would ensure that the composition of the Court 
was not manipulated in favor of Rios Montt.  The decision of 
the Court, by a majority vote with all magistrates present, 
to not accept the five recusals, however, allowed the Court, 
as conformed, to proceed with the hearing.  The only question 
now is how the new magistrate, Carlos Reynoso Gil, will vote. 
 Opponents of Rios Montt's candidacy suspect, from his 
refusal to join the other magistrates in recusing themselves, 
that he may favor Rios Montt and be the vote tipping the 
Court in favor of the former General, but this remains to be 
seen. 
HAMILTON