US embassy cable - 03GUATEMALA1944

UNCLAS GUATEMALA 001944 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, PINR, KDEM, ASEC, GT, PJUS 
SUBJECT: POLICE CHIEF MANCHAME FIRED; CONSTITUTIONAL COURT 
REJECTS LATEST FRG APPEAL 
 
REF: GUATEMALA 1908 
 
1. (U) Summary: Responding to accusations that the Police did 
not ensure public order during the protests of July 24-25, 
Government Minister Reyes Calderon fired Police Chief 
Manchame on July 27.  On July 28, the Constitutional Court 
rejected the FRG's latest appeal on behalf of Rios Montt. 
The FRG has filed a new appeal before the Constitutional 
Court, while the Supreme Court is expected to rule soon on 
the original appeal to the decision that Rios Montt can be a 
candidate.  End Summary. 
 
2. (SBU) Accusations that the GOG did not fulfill its 
obligation to ensure public safety during the violent 
protests by the FRG on July 24-25 led the GOG to remove 
Police Chief Raul Manchame on July 27. It remains unclear who 
was responsible for the lack of police action to maintain 
order during the protests, with some sectors blaming 
Manchame, others blaming the Minister of Government and 
others saying the police officers in the street did not 
follow orders. The Minister of Government named Oscar Segura 
Sanchez to replace Manchame on July 28, and promised to 
provide police protection for citizens during future 
protests.  Manchame later gave a press conference in which he 
loyally refused to blame his superiors.  Little is known 
about Segura Sanchez, who has only been named Acting Police 
Chief and who may yet face fallout for last weeks 
disturbances given his role as Chief of Police Operations. 
 
3. (SBU) On July 28, the Constitutional Court rejected one of 
the FRG's petitions to order the Supreme Electoral Tribunal 
to obey the Constitutional Court's July 14 decision to 
register (ret.) General Rios Montt as a presidential 
candidate.  The Court again had to draw at random on an 
alternate justice to replace a permanent magistrate who had 
recused himself.  The alternate, as in the previous draw, was 
one of the justices opposed to Rios Montt, giving the Court a 
3-to-2 majority against the FRG's motion. The FRG has filed a 
new appeal before the Constitutional Court in the hopes that 
the draw to replace the missing permanent member will this 
time favor the FRG.  Meanwhile, the Supreme Court continues 
to hear the appeal to the Constitutional Court's original 
decision to allow Rios Montt to be a candidate.  A decision 
is expected before August 6. 
 
4. (SBU) Comment: Rightly or wrongly, former Police Chief 
Manchame was made the scapegoat for the GOG's inaction to 
preserve public order during the recent FRG protests.  He was 
the Portillo Government's seventh Chief of Police.  We have 
worked well with Manchame during his brief tenure as Police 
Chief, and will begin engaging his successor as soon as he is 
settled in his office. 
 
5. (SBU) Comment continued: Sooner or later the FRG expects 
to draw an alternate member on the Constitutional Court who 
will favor them (as occurred the first time on July 14), and 
secure a ruling which would instruct the Supreme Court to 
reject the appeals currently before it and register Rios 
Montt as a candidate.  With two pro-Rios Montt alternates, 
three anti-Rios Montt alternates and an evenly split sitting 
Court, the law of averages dictates that sooner or later the 
Court could have a pro-Rios Montt majority.  The filing of 
appeals in this case has already set precedents in Guatemalan 
jurisprudence, and any judicial decision will need to have an 
accompanying political decision if it is to be respected by 
all sides. 
LINDWALL