This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 02 SAN JOSE 000410 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
FOR WHA/CEN 
 
E.O. 12958: N/A 
TAGS: PGOV PREL CS
SUBJECT: SOLIS ALLEGES "SERIOUS ANOMALIES AND VIOLATIONS" 
IN THE VOTING 
 
REF: SAN JOSE 359 
 
Summary 
-------- 
¶1.  (U) On the eve of finishing the recount of presidential 
ballots (and Oscar Arias returning to the lead), rival Otton 
Solis cried foul in a televised address to all Costa Ricans. 
Solis claimed "serious anomalies and violations" in the 
voting but did not make a direct accusation of fraud.  He 
urged that the Supreme Electoral Tribunal (TSE) take another 
week to resolve all outstanding questions and called on Arias 
to support his demand.  Arias dismissed Solis's request, and 
the TSE issued a communique refuting the "facts" presented by 
Solis.  TSE magistrate Luis Antonio Sobrado said on radio 
February 22 that it was "legally unacceptable" for the TSE to 
delay the announcement of the winner, which is likely to 
occur early in the week of February 27.  End Summary. 
 
Televised Address 
----------------- 
¶2.  (U) In a nationally televised address at 8:00 pm on 
February 21, presidential candidate Otton Solis claimed 
"serious anomalies and violations of the electoral law, and 
grave inconsistencies" in the manual vote count--particularly 
with regard to the results of the 712 voting tables that did 
not properly report on election day.  Solis alleged that 
5,000 ballots were missing and that the results of another 
100 voting stations were suspect because the voters' 
signature-list (padron electoral) was missing. 
 
¶3.  (U) In his address, which lasted five minutes and was 
financed by his Citizens' Action Party (PAC), Solis made a 
number of veiled threats and challenged National Liberation 
Party (PLN) candidate Oscar Arias to support the demand for a 
reexamination of the results of the 712 voting tables, "for 
the tranquillity and social peace of the country."  He said 
the TSE would need another week to resolve the outstanding 
questions.  Solis ended his address by suggesting that if his 
request is denied, the result would be gridlock.  He asked 
rhetorically:  "If we can't agree on electoral transparency, 
what can we agree on?" 
 
TSE Responds 
 
SIPDIS 
------------ 
¶4.  (U) In a departure from previous practice, the TSE 
responded immediately and forcefully to Solis's allegations. 
In a written statement published shortly after Solis's TV 
address, the TSE specifically rejected the allegations that 
5,000 votes had disappeared and that 100 voters' signature 
lists had been misplaced.  The TSE pointed out that the 
voters' signature lists can be and, in some cases, were 
replaced by legally equivalent documents.  The TSE also 
reminded the PAC that demands for recounts can only be based 
on evidence, not conjecture or speculation.  TSE Magistrate 
Luis Antonio Sobrado said on radio February 22 that it was 
"legally unacceptable" for the TSE to delay the announcement 
of a winner. 
 
PLN Accuses PAC of "Playing With Fire" 
------------------------------------- 
¶5.  (U) Arias also rejected Solis's demands.  He noted that 
PAC was represented during the counting of votes at the 712 
voting tables in question and signed off on the results.  He 
said:  "It is the TSE that resolves this issue, and I have 
complete confidence in its decisions and in the integrity of 
its members."  PLN president Francisco Antonio Pacheco was 
more emphatic on radio on February 22, saying that the rules 
for counting votes cannot be determined by the candidates; 
they are in the law and have been respected for the last six 
decades.  He accused the PAC of trying to undermine the TSE 
only because it is unhappy with the results.  In so doing, 
Pacheco said, PAC is doing great harm to Costa Rica's 
reputation.  He said that those who call into question the 
electoral process in Costa Rica are unpatriotic, are 
attempting to destabilize the country, and are "playing with 
fire." 
 
Arias Now Winning 
----------------- 
¶6.  (U) At the time of Solis's address, the count was 95.9 
percent complete with Arias leading by 10,275 votes.  His 
lead is likely to increase because the remaining 4.1 percent 
of votes still to be counted are from the province of Limon, 
where Arias is favored.  PLN representative in the TSE 
Fernando Berrocal predicted that Arias will win by 
approximately 15,000 votes.  The TSE may finish the manual 
recount on February 22 but must address all outstanding 
complaints and wait three days before making the official 
results known.  Currently there are 565 complaints to be 
addressed. 
Comment 
------- 
¶7.  (SBU) Solis's complaints are not new, but until now he 
has let his surrogates cast aspersions on the electoral 
process.  His personal and very public criticism of the TSE 
raised the ante substantially.  He is betting that his 
supporters will call into question the outcome of the 
election and try to delegitimize and weaken Oscar Arias.  We 
believe Solis has overplayed his hand and has failed to 
calculate Costa Ricans' high esteem for and trust in the TSE. 
 Unless Solis can point to some credible evidence of fraud, 
or errors of such magnitude that they affected the outcome, 
the election for him has been lost.  He may have done better 
for himself to appear magnanimous and congratulate the 
winner, rather than go down whining. 
LANGDALE