The endgame is about to begin in retired General Efraín Ríos Montt's third bid to run for the presidency, and observers are suddenly a little less sure that the government's manoeuvre of 'stacking' the constitutional court will deliver as planned (WR-03-26).
The injunction filed by Ríos Montt must be heard by the five titular members of the court, plus two alternates to be picked by lot. Much as expected, the selection of the two alternates was made in a closed session, and two pro-government justices received the call.
At this, five independent-minded justices (two titulars, three alternates) wrote to court president Guillermo Ruiz, recusing themselves on the grounds that the selection process had rendered the proceedings suspect to 'various sectors of the community'.
Again unsurprisingly, Ruiz rejected the recusations and confirmed the selection of the two alternatives. As composed, the panel is seen as having a pro-Ríos Montt majority.
However, former constitutional court president Concha Mazariegos believes that the highly publicised recusations will have a 'non-judicial' effect: 'They will oblige the magistrates linked to the FRG to act according to law.'
The court has no set deadline to come up with a ruling.
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