VZCZCXYZ0000
RR RUEHWEB

DE RUEHZP #2228 3192029
ZNR UUUUU ZZH
R 152029Z NOV 06
FM AMEMBASSY PANAMA
TO SECSTATE WASHDC 9337

UNCLAS PANAMA 002228 
 
SIPDIS 
 
SIPDIS 
 
DEPARTMENT FOR WHA/CEN 
SOUTHCOM FOR POLAD 
 
E.O. 12958: N/A 
TAGS: PGOV PM
SUBJECT: PANAMA NAMES NEW ELECTORAL MAGISTRATE 
 
REF: PANAMA 2207 
 
¶1.  (SBU) In a move seen as an affront to President Torrijos, 
the Supreme Court named electoral prosecutor and dual 
American citizen Gerardo Solis as its pick for the 
three-magistrate Electoral Tribunal.  Solis, who began his 
six-year term November 13, was rumored to be the choice of 
former Presidents Perez Balladares and Moscoso, who allegedly 
wanted a magistrate loyal to them.  FM Lewis had told the 
Ambassador before the nomination that Torrijos was very 
concerned about Solis and the ex-presidents' actions 
(reftel).  The president's political advisor Leonel Solis (no 
relation) told POLOFF separately that Torrijos had tried to 
"kill the nomination" of Gerardo Solis.  The Court's choice 
clearly goes against Torrijos's wishes.  (Note: The Supreme 
Court voted 5-4 in favor of Solis.  The five justices who 
voted for Solis were all nominated to the Court by either 
Perez Balladares or Moscoso.  The four justices who did not 
vote for Solis were nominated by Torrijos or were 
independent.  We also heard from a good source that Perez 
Balladares's supporters called newspaper editors about the 
"slam dunk" against Torrijos.  End note.) 
 
¶2.  (SBU) Solis, an active member of the Revolutionary 
Democratic Party (PRD) prior to becoming an electoral 
prosecutor, was a political advisor to and housing minister 
under President Perez Balladares.  He was so well known as a 
Perez Balladares (known as "El Toro") supporter that his 
nickname was "Toro Boy."  Solis also has family and 
professional ties to both Perez Balladares and Moscoso. 
However, Solis is widely regarded as having been fair and 
independent during his tenure as an electoral prosecutor. 
Opposition political parties and civil society groups have 
been largely satisfied by Solis's nomination to the Tribunal. 
 One labor leader remarked that although he thought Perez 
Balladares and Moscoso had engineered the nomination, he 
expected that Solis would be as impartial in his new position 
as he had been as a prosecutor. 
 
¶3.  (SBU) The National Assembly and the Executive Branch will 
shortly name their picks for the Tribunal.  According to 
political contacts, it is expected that the Assembly will 
rename current Magistrate Pinilla, also a former active PRD 
member, for another term.  Torrijos is rumored to favor 
lawyer and non-political party member Enrique de Obarrio as 
his choice for the Tribunal.  (Note: Obarrio was originally 
critical of Torrijos as president.  However, he has recently 
been quoted in the media referring to Torrijos as "my 
president."  End Note.)  Current Magistrate and former 
 
Panamenista member Allen has also been lobbying for another 
term. 
 
¶4.  (SBU) Comment: Having two or possibly three, depending on 
the Executive's nominee, former PRD members as magistrates 
could raise questions about the continued independence of the 
Tribunal, an internationally respected body.  However, given 
the strong track records of both Pinilla and Solis, it would 
be premature to draw any conclusions about possible PRD 
dominance of the Tribunal.  Also, Torrijos is probably 
unlikely to name another PRD member to the Tribunal, as such 
a move could harm his public standing which had been 
challenged by recent scandals in the health and 
transportation sectors.  Obarrio may be the ideal choice for 
the president given his non-political status and his possible 
support for Torrijos.  Whatever the final makeup of the 
Tribunal may be, the Embassy will continue its outreach to 
the Tribunal.  As one of the only truly independent 
institutions in the country, the Electoral Tribunal is vital 
in advancing democracy and transparency in Panama. 
 
EATON