VZCZCXYZ0009
OO RUEHWEB

DE RUEHQT #1707 1942035
ZNR UUUUU ZZH
O 132035Z JUL 06
FM AMEMBASSY QUITO
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4819
INFO RUEHBO/AMEMBASSY BOGOTA PRIORITY 5787
RUEHCV/AMEMBASSY CARACAS PRIORITY 1865
RUEHLP/AMEMBASSY LA PAZ JUL 9950
RUEHPE/AMEMBASSY LIMA PRIORITY 0768
RUEHGL/AMCONSUL GUAYAQUIL PRIORITY 0819
RHMFISS/CDR USSOUTHCOM MIAMI FL

UNCLAS QUITO 001707 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL EC
SUBJECT: AMBASSADOR MEETS WITH LUCIO GUTIERREZ 
 
¶1.  (SBU) Summary:  After appearing in constitutional court 
to defend his right to run in upcoming elections, Gutierrez 
met with the Ambassador on July 12.  Gutierrez summarized the 
legal charges against him, seeking to show their arbitrary 
nature.  While the charges are obviously politically 
motivated, Gutierrez's own is responsibility for the illegal 
dissolution of his country's supreme court makes it hard for 
the international community to rally to his cause.  The 
constitutional court is expected to decide on Gutierrez's 
case on July 18 and will likely base its decision on 
political calculations.  Gutierrez feels he would win if 
allowed to run, and did not discuss other options if the 
court rules against him.  End Summary. 
 
¶2.  (SBU) Gutierrez appeared in constitutional court the 
morning of July 12 as part of the final appeal process of the 
charges against him that have currently barred him from the 
presidential elections and otherwise asserting any of his 
political rights.  As part of his efforts to garner support 
against what he (rightly) regards as a process much more 
about politics than law, he is visiting the ambassadors of 
"friendly nations" to lay out his case.  He met with the EU 
ambassadors on July 11; we agreed to meet with him the 
following day.  Former Gutierrez Trade Minister Ivonne Baki 
brokered the meeting - the Ambassador's first with Gutierrez, 
and attended along with a Gutierrez assistant.  The meeting 
was held at the residence with the DCM also attending. 
 
¶3.  (SBU) Eschewing any small talk, Gutierrez launched 
directly into a rambling and repetitive summation of the 
legal case(s) mounted against him.  Reading excerpts from 
electoral and constitutional provisions and other documents 
he had brought with him, he sought to show the legally 
baseless and arbitrary nature of the charges.  His argument, 
if longwinded at more than one hour, was compelling.  The 
constitutional court had not reached a decision that morning, 
instead postponing until next week.  He said his problems 
were the result of a personal and political vendetta against 
him led by Social Christian Party (PSC) chieftain Leon Febres 
Cordero, who controls the court.  Baki noted that PSC 
operative Xavier Neira is known to have intervened to have 
one of the judges at a previous stage of the case move to 
maintain the charges for spurious procedural reasons. 
 
¶4.  (SBU) Following the long presentation, Gutierrez relaxed 
a bit and briefly talked about current politics.  He did not 
address any "Plan B" (such as the rumored scenarios of having 
his brother run in his place, or allying with PRIAN and PRE 
behind a single consensus candidate) should the court rule 
against him, as expected.  He asserted that he was the only 
candidate attracting large crowds, and showed videotapes on a 
laptop of various rallies from around the country to prove 
his point.  If allowed to run, he is certain that he would 
win.  He stressed his own responsible management of the 
economy while president, his support for an FTA and repayment 
of foreign debt, in contrast to the positions of the current 
rival contenders. 
 
¶5.  (U) The constitutional court is expected to reconvene on 
July 18 to make its decision on Gutierrez's case.  The 
court's seats were doled out by congress on a party basis; it 
is generally assumed that the decision will be based on 
political calculations, with each party deciding if 
Gutierrez's candidacy would help or hurt that of their own 
party.  Gutierrez needs five of the nine court magistrates to 
vote in his favor in order to run.  Currently there is one 
magistrate affiliated with Gutierrez's Patriotic Society 
Party (PSP), one Roldosista Party (PRE) magistrate, and two 
magistrates affiliated with Alvaro Noboa's PRIAN party who 
are expected to vote in favor of Gutierrez.  However, the 
votes of the five PSC-affiliated magistrates will be decisive. 
 
Comment 
------- 
 
¶6.  (SBU) Lucio Gutierrez is undoubtedly the victim of 
trumped up charges and legal abuse.  But it's hard for the 
U.S. and other members of the international community to 
champion the cause of the same man who arbitrarily, illegally 
dissolved his country's supreme court while in office. 
Although vilified by the elites and most of the middle class, 
he does retain significant popular support.  Whether as a 
candidate or not, he will be a factor in the upcoming 
elections. 
JEWELL