US embassy cable - 03GUATEMALA1862

UNCLAS GUATEMALA 001862 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, PINR, PREL, PHUM, KDEM, GT 
SUBJECT: SUPREME COURT SUSPENDS REGISTRATION OF RIOS MONTT 
CANDIDACY; OPPOSITION RALLY STRENGTHENS BERGER 
 
REF: A. GUATEMALA 1805 
 
     B. GUATEMALA 1774 
     C. GUATEMALA 1760 
 
1. (U) On July 20, the Supreme Court accepted two appeals 
filed by opposition political parties against the 
presidential candidacy of former General Efrain Rios Montt, 
and suspended registration of the candidate until the court 
hears the appeal.  The President of the Supreme Court 
immediately recused himself and the other members of the 
Supreme Court from hearing the case, based on the fact that 
they had already stated their position on the matter in their 
earlier vote (reftels).  A "special" Supreme Court was 
appointed to hear the case, made up of the 13 appeals court 
magistrates.  Some accounts say that this court could rule on 
the appeals as early as this week. 
 
2. (U) Jorge Arevalo, FRG Congressman and spokesman for the 
Rios Montt presidential campaign, called the Supreme Court's 
decision "madness," saying that Guatemalan law does not allow 
for an appeal to a decision of the Constitutional Court.  If 
the newly conformed "special" Supreme Court were to uphold 
the appeal, however, we understand the FRG could once again 
appeal its decision to the Constitutional Court, which just 
ruled in favor of Rios Montt's candidacy.  By accepting the 
appeal in the first place, the Supreme Court challenged the 
constitutional (and conventional) wisdom that the 
Constitutional Court is the last court of appeals on 
constitutional matters. 
 
3. (SBU) Earlier on July 20, GANA coalition presidential 
candidate Oscar Berger held a rally in the main square of 
Guatemala City to protest the Constitutional Court's 
decision.  CNN estimated that 3,000 people, all dressed in 
black, attended the rally.  While the demonstration did not 
draw in the 10,000 people expected by organizers, it gave 
Berger the support of many civil society and center-left 
political leaders, who joined him on the stage to denounce 
the latest action of the FRG.  The symbolism of the July 20 
rally -- with the diverse opposition groups so disgusted with 
the FRG that they were prepared to embrace the center-right 
Berger publicly -- sent the signal to Guatemalan voters that 
the best way to defeat the FRG in the coming election is to 
swallow their differences and throw their lot behind the 
candidate with the best chance of defeating the FRG. 
 
4. (SBU) Comment:  The facts and motives behind the Supreme 
Court's decision to accept the two appeals against Rios 
Montt's candidacy are not all clear yet.  But they create an 
unfortunate perception that the Supreme Court, like the 
Constitutional Court, is not above partisan preferences.  Its 
tacit, if not explicit, disavowal of the Constitutional 
Court's role as court of last instance creates a 
constitutional challenge which could have broader 
implications.  We recommend press guidance that steers us 
clear of this issue, i.e. that this is an issue for 
Guatemalan institutions to decide. 
HAMILTON