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Viewing cable 08MANAGUA761, GOVERNMENT BARS TWO MAIN DEMOCRATIC PARTIES FROM

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Reference ID Created Released Classification Origin
08MANAGUA761 2008-06-16 15:07 2011-06-01 08:00 CONFIDENTIAL Embassy Managua
Appears in these articles:
http://www.nacion.com/2011-05-30/Mundo/NotasSecundarias/Mundo2758456.aspx
http://www.nacion.com/2011-05-30/Mundo/NotasSecundarias/Mundo2758467.aspx
http://www.nacion.com/2011-05-30/Mundo/NotasSecundarias/Mundo2758468.aspx
http://www.nacion.com/2011-05-30/Mundo/NotasSecundarias/Mundo2758464.aspx
http://www.confidencial.com.ni/articulo/4103/la-embusa-y-el-gabinete-de-ortega
http://www.confidencial.com.ni/articulo/4104/d-rsquo-escoto-en-onu-ldquo-un-desafio-de-ortega-a-ee-uu-rdquo
http://www.confidencial.com.ni/articulo/4102/estrada-y-la-ldquo-doble-cara-rdquo-ante-ee-uu
http://www.confidencial.com.ni/articulo/3966/la-ldquo-injerencia-rdquo-de-ee-uu-en-el-2006
http://www.nacion.com/2011-05-23/Mundo/Relacionados/Mundo2758764.aspx
http://www.nacion.com/2011-05-23/Mundo/NotaPrincipal/Mundo2758753.aspx
http://www.confidencial.com.ni/articulo/4041/millones-de-dolares-sin-control-y-a-discrecion
http://www.confidencial.com.ni/articulo/4040/la-ldquo-injerencia-rdquo-de-venezuela-en-2006
http://www.confidencial.com.ni/articulo/4047/rodrigo-barreto-enviado-de-ldquo-vacaciones-rdquo
http://www.nacion.com/2011-05-16/Mundo/NotasSecundarias/Mundo2757239.aspx
http://www.nacion.com/2011-05-16/Mundo/NotaPrincipal/Mundo2746658.aspx
http://www.nacion.com/2011-05-16/Mundo/Relacionados/Mundo2757244.aspx
http://www.nacion.com/2011-05-16/Mundo/Relacionados/Mundo2746673.aspx
http://www.confidencial.com.ni/articulo/3991/dra-yadira-centeno-desmiente-cable-diplomatico-eeuu
http://www.confidencial.com.ni/articulo/3968/pellas-pronostico-a-eeuu-victoria-de-ortega-en-2006
http://www.confidencial.com.ni/articulo/3967/barreto-era-ldquo-fuente-confiable-rdquo-para-eeuu
VZCZCXYZ0007
OO RUEHWEB

DE RUEHMU #0761/01 1681507
ZNY CCCCC ZZH
O 161507Z JUN 08
FM AMEMBASSY MANAGUA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2742
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE PRIORITY
RUMIAAA/CDR USSOUTHCOM MIAMI FL PRIORITY
RUEHBS/USEU BRUSSELS PRIORITY
RUEAIIA/CIA WASHDC PRIORITY
RHEFDIA/DIA WASHINGTON DC PRIORITY
RUEKJCS/JOINT STAFF WASHINGTON DC PRIORITY
RHEHNSC/NSC WASHINGTON DC PRIORITY
C O N F I D E N T I A L MANAGUA 000761 
 
SIPDIS 
 
STATE FOR WHA/CEN AND DRL 
STATE PASS USAID FOR LAC - CARDENAS 
NSC FOR FISK/ALVARADO 
 
E.O. 12958: DECL: 06/16/2018 
TAGS: PHUM PGOV KDEM NU
SUBJECT: GOVERNMENT BARS TWO MAIN DEMOCRATIC PARTIES FROM 
ELECTIONS 
 
REF: MANAGUA 706 
 
Classified By: Ambassador Paul Trivelli, Reasons 1.4 (b, d) 
 
1. (C) SUMMARY.  On June 11, Nicaragua's Supreme Electoral 
Council (CSE) revoked the legal registration (personeria 
juridica) of the Movement for Sandinista Renovation (MRS) and 
the Conservative Party (PC), two minority democratic parties 
that represent as much as 20 percent of the potential 
electorate.  The ruling prevents the parties from 
participation in elections for the next four years, including 
the November municipal elections, as well as from using the 
party names and symbols.  Ominously, the decisions were also 
forwarded to the Prosecutor General's office for action, 
opening the door for criminal prosecutions.  Following the 
announcement, hundreds of demonstrators in support of the 
parties and the hunger strike of MRS leader Dora Maria 
Tellez, blocked a major intersection of Managua for hours and 
later marched on Rivas's home, chanting "coward." 
Demonstrations are continuing, including in other cities. 
Civil society and other opposition leaders have publicly 
denounced the decision and a range of joint actions are 
planned for the coming days. 
 
CSE TAKES STRICT APPROACH 
------------------------- 
 
2. (U) On June 11, the Supreme Electoral Council issued the 
expected decrees (reftel) barring the MRS and PC from 
participating in elections for the next four years, including 
the upcoming municipal elections, based upon several supposed 
violations of the Electoral Law.  The CSE ruled that the PC 
had failed to register candidates in 80 percent of the 153 
municipalities and 80 percent of the available seats (i.e., 
at least 1589 candidates), as required by the law.  According 
the CSE, following the initial candidate registration period, 
501 PC candidates renounced their candidacy and were replaced 
by only 400 candidates, leaving a deficit of 101.  Under the 
new total, the PC therefore had on 75.8 percent of the 
necessary candidates and failed to meet the basic minimum, 
"established by the law" for participation.  The CSE 
therefore ruled to revoke the party's personeria juridica for 
a period of four years and forwarded the notice to the 
Prosecutor General's office for investigation of "electoral 
fraud." 
 
3. (U) Regarding the MRS, in a six-page convoluted decision, 
the CSE ruled that the MRS had failed to properly establish, 
document and register a number of the municipal and 
departmental branches of the party, as required by the 
Electoral Law.  This process dated from the February 2007, 
when the MRS changed its name and structures from the 
Movement for the Rescue of Sandinismo to the Movement for 
Sandinista Renovation.  In particular, the CSE determined 
that in 52 municipal party structures, insufficient 
information was provided, nullifying these structures. 
Because the process of establishing these party structures 
failed to meet both internal party and CSE legal 
requirements, the CSE found that the MRS had "auto-dissolved" 
itself, and therefore its legal registration was also 
canceled and the case sent forward to the Prosecutor 
General's office for potential electoral fraud, similar to 
the PC above. 
 
4. (C) Several party legal experts suggested to us that both 
the PC and MRS had probably committed the errors identified 
by the CSE.  However, these errors, under the CSE's own 
standards and past history, should have been treated as 
administrative violations resulting in temporary suspension 
of the party until the corrections are made and the party's 
lists or statutes brought into conformity with the CSE.  In 
particular, the CSE decision that the MRS had 
"auto-dissolved" itself empowered the CSE to revoke the 
personeria juridica and eliminate the party for the next four 
years, a decision not legally possibly under a simple 
administrative penalty. 
 
CIVIL SOCIETY PUSHES BACK AND BEGINS TO UNITE 
--------------------------------------------- 
 
5. (C) Civil society and party leaders responded immediately. 
 
 MRS and PC activists blocked a prominent intersection in 
central Managua, where MRS leader Dora Maria Tellez has been 
on a hunger strike for more than a week in support of the 
party and respect for human rights and the rule of law.  The 
hunger strike location has quickly become the center for 
opposition activity over the past week and a rallying point 
for all those concerned about democracy and the rule of law 
in Nicaragua.  Protesters blocked the intersection for hours 
and later marched on the home of CSE Chief Roberto Rivas, 
chanting "coward," breaking through the front gates, and 
later overturning a press vehicle belonging to 
FSLN-controlled TV channel 4.  Vamos con Eduardo-PLC leader 
and Managua mayoral candidate Eduardo Montealegre denounced 
the decision and over 200 VCE-PLC municipal candidates, in 
town for training, joined the demonstration in a sign of 
support.  Further demonstrations, including several organized 
by coalitions of NGOs, are planned for the coming days. 
Comments by other civil society organizations, including the 
two leading business associations, will be reported septel. 
 
COMMENT 
------- 
 
6. (C) The CSE decision, though expected, is a serious blow 
to the democratic movement and represents a significant 
narrowing of democratic space in Nicaragua.  Without these 
parties, Nicaraguan voters are left with few democratic 
alternatives in the municipal elections or for the 
foreseeable future.  Regardless of the legal merits of the 
cases, the CSE clearly applied its authority in an arbitrary 
and partisan manner, ignoring other small parties aligned 
with or controlled by the FSLN, and in implementing the most 
punitive decision possible, rather than following a standard 
administrative procedure. 
 
7. (C) At the same time, the decision has served as a wake-up 
call to Nicaragua's civil society and democratic political 
leadership on the need to cooperate, bridge their 
differences, and unite in the face of growing threats to 
fundamental democratic freedoms.  Montealegre and MRS leader 
Edmundo Jarquin are looking at possible joint efforts, along 
with key civil society organizations, in the coming week to 
demonstrate unity among the democratic forces.  If this can 
happen, Nicaragua's democratic movement will have taken a 
significant step forward.  Nonetheless, FSLN President Ortega 
and PLC leader Arnoldo Aleman have demonstrated with this 
decision that they are prepared to engage whatever public and 
international risk is necessary to eliminate potential 
threats to their continued accumulation of personal political 
power. 
 
TRIVELLI