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UNCLAS BOGOTA 002373 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PREF PTER PHUM CO
SUBJECT: URIBE CALLS FOR NEW ELECTIONS AFTER COURT 
QUESTIONS LEGITIMACY OF 2006 REELECTION PROCESS 
 
SUMMARY 
------- 
¶1. (SBU) President Uribe addressed the nation at midnight on 
June 27, calling for the "repetition of the 2006 presidential 
elections."  His speech was prompted by the Supreme Court's 
request--in its ruling sentencing former Congresswoman Yidis 
Medina to 47 months of house arrest for selling her vote in 
favor of the 2004 constitutional amendment that allowed Uribe 
to run for a second term--that the Constitutional Court 
review the validity of the reelection amendment process. 
Uribe's request would likely require at least 8-12 months to 
complete.  Opposition presidential candidate Rafael Pardo 
said the legitimacy of Uribe's 2006 landslide reelection was 
"not in doubt;" Polo Democratico President Carlos Gaviria 
said Uribe's proposal represents an attempt to set up a 
"populist dictatorship.  Uribista parties appeared stunned by 
the proposal.  End summary. 
 
URIBE CALLS FOR NEW ELECTIONS 
----------------------------- 
¶2. (U) President Uribe, reacting to the Supreme Court's 
request that the Constitutional Court review the 
constitutional amendment process that allowed Uribe to run 
for a second term, called on Congress to approve in an 
emergency session a referendum law that would "order the 
immediate repetition of the 2006 presidential elections."  In 
his midnight address,  Uribe also slammed the Supreme Court's 
Medina ruling, which he said was based on the confessions of 
a known liar.  He accused the Court of practicing "selective 
justice" and said "the trap of the power of a dying 
terrorism, which Supreme Court magistrates have lent 
themselves to, does not seem to have a judicial solution." 
Uribe also criticized the Court for "pressuring the 
president" over his decision to extradite paramilitary 
leaders to the United States. 
 
COURT QUESTIONS LEGITIMACY OF 2006 ELECTIONS 
-------------------------------------------- 
¶3. (U)  The Supreme Court noted that the Constitutional Court 
has jurisdiction over the amendment issue, and said it would 
forward its Medina ruling to the Constitutional Court.  The 
Supreme Court sentenced Medina to 47 months of house arrest 
after she plead guilty to receiving bribes in exchange for 
her support in a 2004 Congressional committee vote on the law 
that permitted President Uribe's reelection.  Local human 
rights groups had already petitioned the Constitutional Court 
to examine the legality of the reelection process in 
Congress, and media reports indicate the Court has agreed. 
It is unclear how long the review will take. 
 
INVESTIGATIONS CONTINUE 
----------------------- 
¶4. (U) The Supreme Court also continues its investigation 
against former-Congressmen Teodolindo Avendano and Ivan Diaz, 
and the Prosecutor General (Fiscalia) is investigating former 
Interior Minister and current Ambassador to Italy Sabas 
Pretelt and Minister of Social Protection Diego Palacio for 
their roles in the Medina case.  Pretelt testified in the 
Fiscalia on June 25 in the case, and denied all bribery 
charges.  On June 27, Uribe said the Congress' Accusations 
Commission should investigate allegations by extradited 
former-para leader Salvatore Mancuso of ties between Supreme 
Court magistrates and paramilitaries.  Palacio also asked the 
Commission, responsible for investigating members of the high 
courts, to investigate the Supreme Court magistrates for 
making false accusations. 
 
NEW ELECTIONS NOT AN EASY TASK 
------------------------------ 
¶5. (SBU) Congress President Senator Nancy Patricia Gutierrez, 
herself under preliminary investigation by the Supreme Court 
for possible paramilitary ties, said it would take Congress a 
minimum of one-two months to approve a law authorizing a 
referendum on new elections "if there is the political will 
to do so."  She added that the process of calling the 
Congress into emergency session would not be easy, and 
political parties--still trying to absorb the president's 
surprise request--would need time to determine whether to 
support the effort.  Gutierrez said it remained unclear 
whether the referendum law would be designed to approve the 
 
completion of Uribe's current term, a new four-year term, or 
a third term. 
 
¶6. (SBU) Supreme Judicial Council Magistrate Angelino Lizcano 
said that if Congress approves the law authorizing a 
referendum, the Constitutional Court would have six months to 
review the text.  The referendum would then be put to a 
popular vote, which would require a simple majority with a 
minimum 25 percent turnout of registered voters 
(approximately 7 million) to be valid.  The process would 
take a minimum of 8-12 months to complete.  Uribe could 
possibly opt for other constitutional mechanisms to seek a 
renewal of his mandate, such as:  a plebiscite, popular 
consultation, or open council--each of which has distinct 
rules and procedures.  Presidential elections are scheduled 
for May 2010.  Under the current Constitution, Uribe would 
not be allowed to run. 
 
REACTION 
-------- 
¶7. (SBU) Uribe's speech stunned political observers, and 
media coverage the morning of June 27 was blanketed by 
analysis of what might come next.  Opposition Liberal Party 
presidential candidate and former Defense Minister Rafael 
Pardo said the legitimacy of Uribe's 2006 election was "never 
in doubt" after Uribe's huge 62% landslide victory.  He said 
all sides needed to think with "cool heads" to avoid 
destabilizing the country, and urged Uribe to allow the 
"appropriate judicial institution" (the Constitutional Court) 
to act before moving ahead with a referendum or new 
elections. 
 
¶8. (SBU) Former Mayor Lucho Garzon said Uribe's move 
represented a "journey into the unknown" that could damage 
Colombia's institutions.  Congress President Gutierrez, of 
the increasingly independent Cambio Radical Party, told us 
she could not predict what Cambio (or Congress) might do. 
She would consult with Party president and likely 
presidential candidate German Vargas Lleras.  Polo President 
Carlos Gaviria told us Uribe's proposal represented an 
attempt at "populist dictatorship," adding that the president 
had to allow independent judicial institutions to function 
whether he liked their rulings or not. 
 
BROWNFIELD