One of the hallmarks of any working constitutional government is the separation of powers, that is, executive, legislative and judicial powers, into three autonomous branches.  One cannot be “beholding” to another or the whole idea is just a “house of cards.”  That seems to be the case in Nicaragua.  Consider the recent case whereby the Supreme Court (the “judicial” branch) decided that it was constitutional for the president to run for consecutive terms, thereby potentially handing over continuous control of the executive power to Daniel Ortega.  Who happened to be in control of the judicial power when that decision was laid down?  Magistrates affiliated with the FSLN, Frente Sandinista de Liberación Nacional, Ortega’s party, that’s who.  The court tried to draw analogous comparisons to Costa Rica’s move in 2003 to allow its executive to be elected for more than a single term.  But Oscar Arias is having nothing of the analogy.  The difference is as clear a a drop of water is to a drop of oil, stated Arias in an article appearing in La Nación.  In the case of 2003, Arias says there was vigorous debate on the issue, whereas in Nicaragua, there was none.  The decision was taken at a time when the FSLN were the only magistrates present and able to vote the issue.  Also, Arias was not in power when the decision was taken, as in the case of Ortega, which is perhaps to me the clearest distinction.  Lately, there has been much brouhaha about Ortega’s two sons living in Costa Rica in the home of Roberto Rivas.  Rivas has a luxury home located in the Villa Real residential area in Santa Ana, one of San Jose most upscale sections.  The Ortega boys are both studying in a Costa Rican university.  Rivas happens to be the “Consejo Supremo Electoral,”  which means he is the person who oversees Nicaragua’s electoral processes.  Processes that in recent local elections were viewed by many as completely fraudulent in favor of the FSLN.  By all accounts it seems that Ortega is sowing his dictatorial seeds quite well in Nicaragua.

Link to Article in La Nación

Tags: daniel ortega, nicaragua, Nicaragua election scandal, oscar arias, Roberto Rivas

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