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Wednesday, February 08 2012 @ 01:03 AM COT

Police Chief Gustavo Perez Denies Kidnapping US Civilians During Just Cause Invasion

Corruption By DON WINNER for Panama-Guide.com - The Panama America newspaper ran a statement provided by the National Police Chief Gustavo Perez this morning, in which he denies that he participated in the kidnapping of US civilians from the Marriott hotel on 20 December 1989 during the US invasion of Panama, Operation Just Cause. Perez says the documents published on the website of the Panama America newspapers as "facsimiles" are inadequate legal proof. He said he never tried to hide his participation in the Special Anti Terror Unit (UESAT) and he confirmed this in June 2009 before he assumed the position as Chief of the National Police. In discussing his "dishonorable discharge" from the police forces in March 1990, he said the police disciplinary boards of the time could only resolve administrative disciplinary actions and not criminal complaints against officers. In other words, he says he was discharged from the police as an administrative matter and not a criminal matter, because he was accused of having taken the US citizens hostage, which he denies. However, he was never charged with a crime nor did he ever face a trial or judge in these charges. He said he deserves the assumption of innocence, to have his rights respected, that he has nothing to be ashamed of, nor does he have anything to hide from either his family or the nation. Finally, he said he would cooperate fully with the authorities who should investigate or resolve this situation in order to clarify exactly what happened, as well as to apply "repair measures" in his favor, in light of the unmerited accusations made against him.

Editor's Comment: Gustavo Perez is right. There are certain undeniable facts in this case. For example, we know US citizens were in fact kidnapped from the Marriott hotel on 20 December 1989. We know in fact Gustavo Perez was actually accused of having participated in that action, an accusation which he denies to this day. We also know due to this accusation Gustavo Perez was in fact dishonorably discharged from the National Police as part of an administrative action (not legal action) taken against him in March 1990. We also know for a fact no criminal charges were ever pressed against anyone in relation to the December 1989 kidnapping incident in the Marriott hotel.

A Formal Investigation Should Follow: Happily, most if not all of the participants in the kidnapping event (on both sides) are still alive. If the Public Ministry is in fact as independent as Panama's Attorney General Giuseppe Bonissi says they are, then the events surrounding the kidnapping of the US civilians during the Just Cause invasion should be fully investigated. I agree with Gustavo Perez in that all of his legal rights should be respected, including a presumption of innocence in these matters. I would hope the investigation be a "real" investigation and not a quick white-wash, just to do something so they can say they did it and then shove the whole thing under the carpet and hope it goes away. Sadly, this is exactly what I suspect will happen in reality - no real investigation at all. Thus are the realities of the weak Panamanian Judicial System. As such, I seriously doubt Gustavo Perez will ever be charged or convicted of a crime in this case.

Political, Not Legal, Ramifications: Panama's President Ricardo Martinelli has indicated he intends to stick by and support Gustavo Perez. With his declarations today Gustavo Perez has indicated he has no intentions of stepping down due to this evolving scandal. As I have said in earlier comments, it is my analysis this entire evolution is much more political than legal. There are people in Panama who are literally hated - loathed by the "other side" - and politically speaking Gustavo Perez falls into that category. He might be able to defend himself legally by pointing out the fact that facsimiles of old documents published on the website of a local newspaper cannot be considered legal evidence (we all knew that already), however those same documents carry tremendous weight in the realm of public opinion. There's a world of difference between a legal defense and a political downside. I suspect eventually Gustavo Perez will evolve into a sort of virtual political albatross for Ricardo Martinelli. I think these accusations and any ongoing investigation will weigh down Perez's credibility and therefore his effectiveness as the Chief of the National Police. Therefore, it's not a question of a legal defense but rather one of political expediency. Gustavo Perez might be guilty or innocent - who knows, let's wait to see if there is an investigation, if he is ever actually charged with a crime, and what the judge in the case decides. Until then, he's to be presumed innocent. However, in the meantime political realities might mandate that he no longer continue to serve as the Chief of the National Police. And that's a decision only Ricardo Martinelli can make. Innocent US civilians were in fact kidnapped and held as hostages during the Just Cause invasion as part of Noriega's strategic defense plan, and someone in fact did it. I would love to see the Panamanian Justice System investigate the matter and prove, once and for all, who that "someone" was - protecting the legal rights of the accused during the entire process.

Copyright 2009 by Don Winner for Panama-Guide.com. Go ahead and use whatever you like as long as you credit the source. Salud.   

Police Chief Gustavo Perez Denies Kidnapping US Civilians During Just Cause Invasion | 2 comments | Create New Account
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Police Chief Gustavo Perez Denies Kidnapping US Civilians During Just Cause Invasion
Authored by: susangg on Tuesday, March 09 2010 @ 09:38 AM COT

I can't help but contrast the nature of the accusations against Perez, who is being accorded, as well he should be, all legal rights, including a presumption of innocence, with the accusations made against Ana Matilda Gomez.
The allegations of crime made against Perez couldn't be more serious; they are in fact accusations of the most serious of criminal conduct under both Panamanian and international law.
In contrast, Gomez' accusers are themselves criminals and the accusations against her involve, at worst, technical violations of procedures.
Both hold (well, Gomez' case, HELD) jobs at the top of their agencies, in law enforcement. He's still there, she is gone.
As you say, these are both political more than they are legal issues. But the disparate way these cases are being handled doesn't pass the smell test. Perhaps my nose is overly sensitive.....

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"Dissent is the highest form of patriotism."
(Thomas Jefferson)

Police Chief Gustavo Perez Denies Kidnapping US Civilians During Just Cause Invasion
Authored by: Don Winner on Tuesday, March 09 2010 @ 10:04 AM COT

You're spot-on, Susan: The difference is - Ricardo Martinelli wanted Ana Matilde Gomez gone so she's gone. He supports Gustavo Perez, so he's still around. There's another important difference - if he wanted to Ricardo Martinelli could fire Gustavo Perez tomorrow. However that was not the case with Ana Matilde Gomez. Only the Supreme Court can remove a sitting Attorney General from office Ricardo Martinelli had to wait until after he sat two of his nominations on the Supreme Court to get rid of Ana Matilde Gomez. Once they were seated, she was gone, almost instantly. Make no mistakes about it - Ricardo Martinelli has control over every rein of political power in Panama right now - Executive, Legislative, Judicial, as well as all of the important independent elements and agencies such as the Public Ministry and the Comptroller's office. Martinelli was elected with a historical mandate and he has the support of the people. He's got the power because the people gave it to him. Now, what remains to be seen is what he chooses to do with that power.