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PP RUEHWEB

DE RUEHPE #0798/01 0781208
ZNR UUUUU ZZH
P 191208Z MAR 07
FM AMEMBASSY LIMA
TO RUEHC/SECSTATE WASHDC PRIORITY 4435
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UNCLAS LIMA 000798

SIPDIS

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: PGOV PINS KJUS PE
SUBJECT: SUPREME COURT PRESIDENT MOVES ON JUSTICE CORRUPTION

REF: LIMA 119

SENSITIVE BUT UNCLASSIFIED. PLEASE HANDLE ACCORDINGLY.

¶1. (SBU) Summary: In one of several early moves to clean up
the judiciary, the Office of Control of Magistrates (OCMA) in
early February suspended Lima Superior Court President Angel
Romero.  The action was a promising first step in fulfilling
the promise Supreme Court President Francisco Tavara made at
his January inauguration to battle judicial corruption and
represented a continuation of efforts he launched when he
headed the OCMA.  For his part, President Garcia continues to
criticize high-handed and sometimes "illogical" court rulings
that undermine the integrity of the judicial system.  Few
doubt that Tavara is serious about cleaning up the tarnished
judiciary, but anti-corruption efforts are only one element
of badly-needed judicial reforms.  Prospects for broader
reform may be brighter but are still very cloudy.  End
Summary.

¶2. (U) There are early signs that the government is serious
about cleaning up the judiciary.  Among the most meaningful
was OCMA's February 9 decision to suspend and investigate
Angel Romero for "illegal acts" he committed as judge before
becoming Lima Superior Court President in January.
Specifically, Romero was sanctioned for awarding a
multimillion dollar indemnity to a group of former Central
Bank employees, even though the Constitutional Tribunal had
ruled against the employees; Garcia had ridiculed the
decision at Tavara's inauguration on January 3 (see reftel).
Four other lower court judges were also suspended for making
questionable rulings that smack of corruption.  (Tavara, as
President of the Judiciary, indirectly supervises the OCMA.)

¶3. (SBU) Romero was low-hanging fruit: press reports have
detailed allegations of corruption dating to Romero's work as
a private attorney for a consortium of casinos.  In 2002, a
legal decision allowed select casinos to operate slot
machines and to avoid paying taxes on the profits.  Romero
was accused of buying that decision.  Tavara, by contrast,
earned a reputation for integrity at the OCMA and showed a
willingness to suspend and investigate crooked judges.
Tavara's work in the OCMA laid the groundwork for the Romero
suspension, and Tavara has kept in close contact with his
successor, Elcira Vasquez, to insure reform continues.  For
his part, Garcia has not let up on his public campaign to
denounce outragous and "illogical" legal rulings and has
made it clear that the government intends to crack down on
casinos and hold the Supreme Court accountable for corrupt
judges.

¶4. (U) While anti-corruption successes are an essential
prerequisite for broader judicial reform, kicking out crooked
judges is not enough.  Genuine reform costs money and will
require political support.  Tavara on February 20 said
publicly he needed 80 million soles (approximately USD 23
million) to hire more prosecuting attorneys or face the
possibility of allowing criminals to go free.  In a meeting
with Emboffs March 9, Tavara emphasized that the biggest
obstacle to reform was lack of financial resources.  He said
the GOP has the money, but the president has not made the
commitment to make that money available to the judiciary.
Ombudsman Beatriz Merino made the same point to Emboffs
February 21.  She said the central government is running a
surplus, but she is not sure if Tavara will receive the
support he needs.  According to Merino, significant pockets
of corruption remain in the judiciary and will resist any
attempt to end lucrative and steady sources of income.  She
suspects some judges will simply wait out Tavara's two-year
term.

¶5.  (SBU) Comment: A poll released by the University of Lima
March 8 showed 92 per cent of Lima's citizens believe
government institutions are corrupt, with the judiciary
ranked as the most corrupt.  To regain credibility for the
judicial system, Tavara will need to continue the clean-up
operations, but financial resources, along with political
backing, will be necessary to sustain genuine reform.
Doubters point out that Tavara's base of support is shaky: he
was elected President only after multiple votes in the
Supreme Court, and he admits that he is not close to Garcia.
End Comment
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