US embassy cable - 03GUATEMALA1888

UNCLAS GUATEMALA 001888 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, PINR, PINS, PREL, PHUM, KDEM, GT 
SUBJECT: CONSTITUTIONAL COURT UPHOLDS APPEAL IN RIOS MONTT 
CASE; STREET PROTESTS BY RIOS MONTT SUPPORTERS EXPECTED 
 
REF: GUATEMALA 1862 AND PREVIOUS 
 
1. (SBU) The Constitutional Court met on July 23 to hear the 
FRG\'s appeal (\"ocurso\" in Spanish) to the appeal filed by two 
political parties against the earlier Constitutional Court 
decision which allowed former de facto President Efrain Rios 
Montt to become a presidential candidate (reftels).  Again, 
one permanent magistrate recused himself, and an alternate 
(Gloria Melgar) replaced him.  When the President of the 
Court called the vote, three magistrates (including the newly 
added alternate) voted to uphold the Supreme Court\'s decision 
to accept the appeal, i.e. ruling against Rios Montt.  The 
President of the Constitutional Court and the other 
magistrate who voted for Rios Montt are reported to have 
stormed out of the session, refusing to sign the court\'s 
decision.  The newest decision by the Constitutional Court 
does not resolve the case against the General, but by 
upholding the Supreme Court\'s right to hear the appeal it 
threatens to prolong the legal debate and makes it clear that 
the ruling FRG might not be able to control the 
Constitutional Court\'s ultimate decision. 
 
2. (SBU) Rios Montt had earlier told the press that, in the 
event his candidacy continued to suffer legal hurdles, he 
could not control his supporters who would likely protest in 
the streets.  Many opposition leaders saw this as a 
not-too-thinly veiled threat of violence.  Following the 
ruling of the Constitutional Court, opposition party leaders 
have told us that they have heard radio reports calling for 
protests on July 24 in the departmental capitals of Santa 
Cruz del Quiche and Coban, as well as in the capital.  In 
Santa Cruz del Quiche, pro-Rios Montt protesters were 
reportedly summoned to protest in front of the Pollo Campero 
(owned by opposition financier Dionisio Gutierrez). 
 
3. (SBU) Comment: The Ambassador and A/DCM have placed calls 
to leading FRG legislators (who are all huddled in a closed 
door meeting) to urge them to restrain their followers and 
ensure that there is no violence.  The calls had not been 
returned as of the transmission of this cable, but we will 
continue pressing for a response. 
HAMILTON