By DON WINNER for Panama-Guide.com - The Supreme Court has admitted a case filed against the National Police over the use of random police checkpoints, and the use of the handheld "pele police" data units. The "pele police" systems are handheld data devices used by police officers on the street, which allows them to quickly and easily check to see if any person is wanted by the authorities for any reason. The ATTT even included traffic tickets and suspended driver's licenses in the system. This decision by the Supreme Court has a "suspension" effect, meaning the Director of the National Police Gustavo Perez will have to order his officers to stop using the "pele police" systems - as of right now - until the case is decided by the court. In addition, they will no longer be able to conduct random checkpoints in Panama City or in other areas around the country. A spokesman from the Judiciary reported this afternoon Director Perez has been notified of the decision. While detractors argue the "pele police" system and the random checkpoints constitute an illegal search, proponents argue these are tools and tactics used by the National Police to filter pedestrian and vehicular traffic, resulting in hundreds if not thousands of arrests of people who have been fugitives from justice, as well as the recovery of stolen vehicles and the arrest of criminals who were basically caught in the act.

Copyright 2012 by Don Winner for Panama-Guide.com. Go ahead and use whatever you like as long as you credit the source. Salud.   

Penalty - The Comptroller ordered the withholding of paychecks for the second half of Januart 2012 for 42 judges of the judicial branch, for failing to file an affidavit of assets and thereby violating Article 304 of the Constitution and Law 59 of December 29, 1999. The information was disclosed yesterday in a press release stating their salary will be withheld until the judges file the required statements. Among those who were sanction are a mix of civil, criminal, and family judges from across the country. (Prensa)

Editor's Comment: Yeah! Enforcing the law. What a concept...   

Those who thought that not allowing the public to enter the viewing stands of the National Assembly would return calm to the floor were wrong. The absence of spectators yesterday, Tuesday, in the second debate of Bill 402, which would have defined the roles and functions of the Fifth Chamber of the Supreme Court, did not stop the fighting that came from another sector. This time the protagonists of the brawl were not paid hooligans or thugs, but the deputies themselves. The blood was almost flowing when Deputies Marcos Gonzalez and Jose Blandon were about to go to blows. It all started when the Deputy from the Democratic Change political party Abraham Martinez presented a proposal on behalf of the official caucus to request the withdrawal of Bill 402. After reading a letter sent by the President of the Supreme Court, Alejandro Moncada, they proceeded to call the vote on the proposed withdrawal.

That annoyed the Deputies from the Panameñista party, who requested they be allowed to intervene. However, when this possibility was denied they rushed against the President of the National Assembly Hector Aparicio, and his Vice President Marcos Gonzalez. What followed was pushing, slapping, more words, and heavy caliber gestures. In the end a recess was declared after the vote, with 37 votes to withdraw the project.

¿Irregularity? - Panameñista Deputy Jose Luis Varela said the CD Deputies violated the rules of procedure, because a Bill that is in the second debate and has been modified can not be removed that way. He said they could reject it or return it to the first debate, but not remove it that way. However, the proponent of the law, Hernán Delgado, denied that the project has undergone any modifications, so there was no such violation.

Complaint - The Panameñista caucus filed a complaint with the Secretary of the National Assembly against the President of the Supreme Court, judge Moncada, for the alleged offense against public administration and breaches of his judicial duties, over the censure he issued to the other branches of government.

Appointments - About the appointment of the new judges to the Fifth Chamber of the Supreme Court announced Monday by President Martinelli, the President of the Bar Association, Cesar Ruiloba, said Martinelli should not appoint the new judges because the Fifth Chamber requires some adjustments to the law to adjust to modern times.

Meanwhile, the former judge of the Electoral Court, Guillermo Marquez Amado, said what the country needs is the creation of a Constitutional Court, and that proposal is included in the proposed amendments to the Constitution. (Mi Diario)

Editor's Comment: The Deputies in the National Assembly fight like 12 year old girls. And the public is lapping it up like puppies on crack. And I love the "heavy caliber gestures" line. "Step back, or I shall be forced to use a heavy caliber gesture against thee..."   

The President of the Republic, Ricardo Martinelli, lamented the fighting that occurred in the National Assembly, calling it a "chiqui show" (kiddie show). According to the president these cases are a political show, because if they (the Panameñistas) had been responsible for the appointment of the three new judges to fill the Fifth Chamber of the Supreme Court, there would not have been any problem. He added that he is limited to complying with the decision of the Supreme Court with regards to the appointment of the three new judges to the Fifth Chamber. "I, as the president, accept the court's verdict and will comply with the appointment of the judges," he said.

Martinelli criticized that the news media broadcast yesterday's session of the National Assembly live. According to him, the media interrupted their programming (unnecessarily) to broadcast the strong arguments among the Deputies of the National Assembly, which almost came to blows.

The president made his statements during a tour of Las Garzas de Pacora, where today a new rehabilitation center for minors who have committed illegal acts was inaugurated. Martinelli said it was unfortunate that a good news story such as this has been marred by the events in the National Assembly. (Estrella)

Editor's Comment: When Martinelli called the antics in the National Assembly a "kiddie show" he was only talking about the role played by the Panameñista Deputies, not his guys who were on the other side of the scuffle. And his position of "I'm just following the orders of the Supreme Court" is what he always does. Nobody plays the "who, me?" card better than Martinelli.   

By DON WINNER for Panama-Guide.com - The news in Panama for the past week or so has been completely dominated over the issue of the new "Fifth Chamber" of the Supreme Court. Yesterday there was a shoving match in the National Assembly between the Deputies from the ruling Cambio Democratico political party and the opposition Panameñista political party. Tempers are more than just flaring - you can see how eyes are turning red and there's froth flying from the corners of people's mouths - it's getting intense. All three branches of power in Panama have gotten involved in the fray. All of the various opposition elements who are not in positions of elected power, the traditional "talking heads" who seek time on the television news broadcasts, have all weighed in. I wanted to take a moment to coolly and rationally examine some of the most fundamental elements of the debate, in order to keep my readers up to date with the truth, facts, and reality on the ground.

We Don't Get A Vote: It's critically important to point out that most of the members of the English speaking community of expatriates who are living or working in the Republic of Panama are not Panamanian citizens, and as such we don't get a vote. It falls to the Panamanian people to make these decisions. They elect their political leaders and then we get to live with the results of those elections, and the decisions made by those elected leaders. Therefore, I personally try to remain as neutral and objective as possible when reporting on their actions and decisions. When I started running this website Mireya Moscoso from the Panameñista party was the president of Panama. She was replaced on 1 September 2004 by Martin Torrijos from the Democratic Revolutionary Party (PRD.) And he was replaced in office on 1 July 2009 by Ricardo Martinelli from the Cambio Democratico political party. So I've seen all three parties in power over the years. It's wise for any foreigner who doesn't have a vote to remain as politically neutral as possible. And what's more my ethics and morals as a journalist dictate that I should remain as neural as possible in my reporting. Of course there are things which tick me off personally, and I highlight those in my "Editor's Comments" so you know it's just me blowing off steam. I tend to not like crooks, murderers, corrupt politicians who steal public funds or abuse their power for their own personal gains. And those who read this website regularly know I don't pull punches when I see something I don't like, but the reader knows full well it's coming from me - my own personal opinion, for what it's worth. Anyway, I felt the need to recycle that declaration of "remaining as neutral as possible" in this article. I'm neither for or against the administration of Ricardo Martinelli, because that's not my job.

Ernesto Perez Balladares Seeking Power Former president Ernesto Perez Balladares was elected in 1994 and he served until 1 September 1999. When he was in office he tried very hard to remain in power, even though he was elected with only 33% of the vote. The remaining 66% was divided between six other candidates (Mireya Moscoso 29%, Ruben Blades 17%, Rubén Dario Carles 16%, Eduardo Vallarino 2%, Samuel Lewis Galindo 1%, José Salvador Muñoz .3%). In 1998 a referendum was held to amend the Constitution to allow the President to be reelected to a second consecutive term (the Panamanian Constitution only allows a former President to seek the office after sitting out two consecutive terms). However, the proposal was defeated by a margin of almost 2 to 1. Then in the general elections held on 2 May 1999 Mireya Moscoso of the Panameñista political party (called "Arnulfistas" at the time) was elected with 44% of the vote, defeating Martin Torrijos from the PRD who received 37%. So after the election was over Ernesto Perez Balladares knew the PRD would be leaving power, and he wanted to try to do something to protect his future. If he couldn't keep the Executive Branch of government, he would try to keep the Judicial Branch. Thus was born the idea of the "Fifth Chamber" of the Supreme Court.

Add Three New Judges: The political system in Panama is set up so that any one sitting president should only be able to appoint four Supreme Court judges during his term in office. There are nine justices on the Supreme Court. The president appoints the new judges, and his appointments are approved and ratified by the National Assembly. The judges sit on the bench for a ten year term. And the selections and appointments are staggered every two years. So therefore it's "normal" for a president who serves a five year term to appoint four judges. But what if you expand the court from nine to twelve, create a "Fifth Chamber", adding three new judges? That's what Ernesto Perez Balladares did, after the May 1999 election. His PRD political party was still in control of the National Assembly, so they passed Law 32 of 23 July 1999 which created the Fifth Chamber. Ernesto Perez Balladares named his judges, and they were ratified by the National Assembly. All of this was "lame duck" action.

Panameñistas Take Over: On 1 September 1999 - just 39 days after the National Assembly passed the "Fifth Chamber" law, Mireya Moscoso and the Panameñistas took control of the government. However in the elections the PRD candidates won 41 seats in the National Assembly, so therefore it was going to be impossible for Moscoso to get anything done. She quickly negotiated what became known as the "Pacta de la Pintada" (The Pintada Agreement) with PRD lawmakers, enough to give her control of the National Assembly. One of the first things she did was to order them to repeal Law 32 of 23 July 1999 which created the Fifth Chamber. And, they did. They passed Law 49 of 24 October 1999 which repealed Law 32, and the Fifth Chamber was effectively dead, for the time being. The judges appointed by Ernesto Perez Balladares warmed their chairs for about two months, then were gone.

A Constitutional Challenge: Shortly thereafter someone filed a constitutional challenge against Law 49 of 24 October 1999, which repealed Law 32. That challenge languished in the Supreme Court until 25 January 2011. That's when the Supreme Court, now dominated by justices appointed by either Ricardo Martinelli or Mireya Moscoso, ruled Law 49 of 24 October 1999 to be unconstitutional. Remember in January 2011 the alliance between the Cambio Democratico and Panameñista political parties was still in full force - they decided to do this together. This decision basically brought the original Law 32 back to life, and the Fifth Chamber once again popped into existence.

Article 37 Of The Civil Code: There is an element in the Civil Code of Panama, specifically Article 37 which states: "Articulo 37. Una Ley derogada no revivirá por solas las referencias que a ella se hagan, ni por haber sido abolida la ley que la derogó. Una disposición derogada sólo recobrará su fuerza en la forma en que aparezca reproducida en una ley nueva, o en el caso de que la ley posterior a la derogatoria establezca de modo expreso que recobra su vigencia. En este último caso será indispensable que se promulgue la ley que recobra su vigencia junto con la que la pone en vigor." (My Translation: A law that has been repealed will not revive just by the references made to it, nor for having been abolished the law that repealed it. A repealed law only regains its strength in that it be seen reproduced in a new law, or in the case that the law after the repeal expressly established that it regains its effect. In the latter case it is essential that the law which recovers its force be published together with that which puts it in force.) This is the element of Panamanian law being used by the opponents of the Fifth Chamber to say "see, Law 32 can't be valid" and they argue that the Supreme Court is ignoring this provision of the law.

It Doesn't Matter: And this is where the rubber meets the road. In reality, these kinds of arguments simply do not matter. Why? Ask yourself, who decides issues of what is correct and constitutional, and what is not. Answer = the Supreme Court of Panama. Constitutional specialists can argue their points of law until they are blue in the face, and they might be right. But in the end it won't matter one hill of beans. The Supreme Court and the judicial system in Panama are highly politicized - always has been, and always will be. Like it or not, fair or not, just or not, it is what it is.

Slick Political Move: Ricardo Martinelli is one slick politician, that's for sure. Look at what he's managed to do. The PRD "built" or "created" the element of the Fifth Chamber, and now he's taken that over as his own. He got the Supreme Court of Panama to rule that Law 49 of 24 October 1999 was unconstitutional, and he did it using a combination of his own judges, and those of the Panameñista party who were part of his alliance at the time. When those judges voted they were sure the Panameñista candidate Vice President Juan Carlos Varela was going to be replacing Ricardo Martinelli in 2014, so why not? Then Ricardo Martinelli waited until after 1 January 2012 when the two remaining Supreme Court Justices appointed by Mireya Moscoso left the bench. Remember, he had to bide his time because the alliance between the Panameñistas and his Cambio Democratico political party broke apart in the end of August 2011. So there were a few months of political turmoil after that happened. Martinelli got his guys on the Supreme Court on 1 January 2012, and then just weeks later Martinelli decides it's time to make his move and appoint the Fifth Chamber judges. So, the Fifth Chamber was created by the PRD. Martinelli brought it back to life with the help of the Panameñistas. And how he owns it 100%. Very, very slick. Maybe "astute" would be a better word.

National Assembly Debacle: The National Assembly spent a few days fighting over the Fifth Chamber. They had intended to pass a new law (Bill 402) that would have defined the roles and functions of the Fifth Chamber. It got nasty, and even came to blows. But then the President of the Supreme Court judge Alejandro Moncada Luna, who was appointed by Ricardo Martinelli, sent a letter to both the President and the National Assembly, basically explaining the law to them. He said Law 32 of 23 July 1999 which originally created the Fifth Chamber is in full effect, and that president Ricardo Martinelli can legally appoint the three new judges at any time. He said there is no need for the National Assembly to pass a new law because the current Law 32 of 23 July 1999 is there, and it does not need to be replaced or modified. What's more, Moncada Luna indicated that if the National Assembly does pass a new law or Bill 402, the Supreme Court would likely decide it to be unconstitutional in any case, so don't bother. In the midst of a fistfight, the National Assembly voted to table Bill 402 and close the debate. End of story.

What Will Happen Now: President Ricardo Martinelli will appoint three new judges to fill the Fifth Chamber. The opposition lawmakers from the PRD and Panameñista political parties will fight like hell and resist their ratification. In the end those new judges will be approved anyway, because Ricardo Martinelli now has 37 votes in the National Assembly. Once those judges are seated, then all bets are off. The Supreme Court will be appointing a new judge to sit on the Electoral Tribunal later this year. I suspect Martinelli will make some kind of a move against the other two judges - to get one of them to come over to his side or to get one to resign or what have you. That will give Martinelli a 2-1 majority on the Electoral Tribunal. Then, Martinelli will go "opposition hunting." Question - How many of the sitting lawmakers are corrupt bastards who have been stealing the people's money for decades? Answer - practically all of them. With a 2/3's majority in the Supreme Court, Martinelli's boys can make or create criminal charges against someone like Jose Blandon, remove him from power, and toss him in prison.

It's Going To Be Interesting: Once again, my job is to simply observe all of these activities from the grandstands. There is no "gringo party" in Panamanian politics. I am advising all of my friends who are in business here in Panama to simply be friends with everyone, don't take sides, and you might not even want to state your opinion. Just nod up and down politely and agree with whoever you are talking to, if they are a Panamanian and involved in politics in any way. This is a street fight, much more like street gangs who are fighting for turf and power. Make allies at your own peril. I am going out of my way, personally speaking, to reach out to anyone and everyone on all sides to let them know my position - I don't have one. And I wish them all luck in their future endeavors. It's a great time to be Switzerland when the tanks are rolling on the horizon.

Copyright 2012 by Don Winner for Panama-Guide.com. Go ahead and use whatever you like as long as you credit the source. Salud.   

With 37 votes in favor the National Assembly voted to table Bill 402, which would have defined the roles and functions of the Fifth Chamber of the Supreme Court, and for that reason, the initiative is closed, said the Vice President of the National Assembly, Marcos Gonzalez. At 3:26 pm this afternoon, Tuesday, 31 January 2012, Gonzalez said, in remarks to the press, that the controversial project has been definitely removed from the legislative debate. With 37 votes (out of a total of 71) the bill was tabled, said Gonzalez. However, opposition lawmakers said there was mismanagement in this case because it was never confirmed that, indeed, they had achieved the majority required to approve the withdrawal of the bill.

CONFUSION - For National Assembly Deputies Elias Castillo from the Revolutionary Democratic Party and Jose Isabel Blandon from the Panameñista party, there were irregularities in the motion to table Bill 402. "What they did, they did so in violation of our rules of procedure," Blandon told reporters in the Chamber. Before the vote, Rep. Jose Luis Varela of the Panameñista party, speaking on behalf of his party's caucus, asked the National Assembly for the full withdrawal of the proposal made by his party, which consisted of a request to halt the debate and to have the bill returned to committee.

"Today the Panameñista caucus has decided to withdraw this proposal because we will not follow the game being played by the President of the Supreme Court, who practically has entered in order to legislate, when it is not the responsibility of the judges of the Supreme Court and, therefore, we have decided to withdraw the proposal," said Varela.

These remarks came shortly before the Vice President of the National Assembly - acting as the ad-hoc president - requested the initiation of voting on the proposal put forward by the Deputy from the Democratic Change political party Abraham Martinez, who called for the withdrawal of Bill 402. It was at this time there was an altercation between members who oppose the Fifth Chamber. The vote on whether or not to table the bill was eventually done, but in a confused manner, because there was an incident between members of the official (CD) and opposition (PRD and Panameñista) caucuses. There were insults, shouts and even slaps and shoves. (Prensa)

Editor's Comment: Did you follow that? What matters is that the President of the Supreme Court basically chewed out the National Assembly, and told them it was not their job to pass legislation that tries to tell the judiciary how to do their jobs. He said whatever the National Assembly ends up passing with regards to the Fifth Chamber, in the end that law would probably be challenged as to whether or not it is constitutional. So, that decision would be up to the Supreme Court anyway (and ironically, the Fifth Chamber would be deciding its own fate. So, basically, the National Assembly got the message and realized there’s no need for them to pass any law whatsoever regarding the Fifth Chamber. In response they decided to table the whole thing. There’s a meeting of the Executive Cabinet Council this afternoon, and the president issued a press release saying he would be appointing the judges who will sit on the Fifth Chamber. I expect that to happen today. Then, those appointments will go to the National Assembly for ratification.   

Despite the rejection of the bill that will define the role and functions of the new Fifth Chamber of the Supreme Court, which even led to clashes and fistfights yesterday in the National Assembly, president Ricardo Martinelli announced he will appoint the three new judges to fill the seats on the Supreme Court. Through a press release, the president said in response to the statements made by Chief Justice Alejandro Moncada Luna, he would follow the instructions contained in the Supreme Court ruling that was handed down in January 2011, which created the Chamber of Instructions and Guarantees, and he would proceed with the designation of the new judges. Yesterday the President of the Court blamed the Executive and Legislative branches for the anxiety being experienced in the country as a result of the bill being discussed in the National Assembly which would regulate the operation of the Fifth Chamber. Moncada Luna said the responsibility of the Executive comes from the fact that the president should have appointed the three new judges who will sit in the Fifth Chamber a long time ago, after the Supreme Court's decision in January 2011. Moncada Luna also said it is not the job of the National Assembly to restructure the judiciary. He added that any law passed by the National Assembly could very well be subject to a claim of unconstitutionality, and it will be up to the Supreme Court to decide. Moncada Luna's statements came during a ceremony to deliver the draft of the of the constitutional reforms undertaken by the Council of Notables, to the President of the Republic, Ricardo Martinelli.

Disturbances - While Moncada Luna issued his accusations against the Executive and Legislative branches of the Panamanian government, at the National Assembly militants (political activists) from the different political parties and members of the "civil society" shouted slogans for and against the bill about the Fifth Chamber, ending in scuffles, blows, and insults. The clashes between the various sectors caused the debates on the bill to be suspended until today, Tuesday, 31 January 2012.

Report - When he learned of the arguments issued by the coordinator of the notables, Rolando Murgas Torraza, the president said he does not agree with the creation of a "constitutional court" because of the negative experience this kind of initiative has had in other countries. Martinelli justified his views by stating "it has been inoperative for some countries, and can make all the projects being done by the government, or all of the bills passed by the National Assembly, subject to a demand of constitutionally in the new court." Martinelli also spoke about the issue of presidential reelection, and he asked to eliminate the possibility of reelection for all those who have occupied the position of President and Vice President of the Republic.

Reactions - In response to Martinelli's opposition to the creation of a "constitutional court," the former Supreme Court Magistrate and member of the Council of Notables Esmeralda de Troitiño first explained that the president was wrong when he said it would be constitutional court. The former judge said she does not share the president's position, because this institution would make a real change in the judicial system. Troitiño explained this new institution would serve only the protection of fundamental rights in the system of guarantees, preventing it from staying in the hands of three people. The new entity also would address the control of constitutionality.

Another who also disagreed with the president's remarks was Rolando Murgas Torraza, who said that the Notables believe and advocate for a constitutional court.

Meanwhile, Edgardo Molino Mola, a former Supreme Court judge, said if there were a debate explaining the advantages and disadvantages of both the Fifth Chamber and the Constitutional Court, the president would change his point of view.

Proposals - In addition to the creation of a Constitutional Court, the initiative, which contains 590 articles, includes the creation of the Water Authority, and prohibits the death penalty. The proposal includes raising the constitutional recognition of the payments being made to Senior citizens (the $100 for 70 program) as well as the thirteenth month payments, the privilege of parenthood, annulment of discriminatory dismissal, and tripartite participation in the labor relations system. It proposes the creation of economic aid to ensure free education, law, and sports promotion, access to medicines, and non-contributory pensions for the elderly, among others. These initiatives will be reviewed by the Executive, and then turn to its analysis in the Assembly. (Panama America)

Editor's Comment: Hmm. Martinelli is smart. I suspect he knew eventually the alliance between the CD and Panameñistas would fracture. If he had made the three Supreme Court appointments back in January 2011, then at least one of those guys would have been a Panamñista. Now, all three will be CD. The 590 articles contained in the report written by the "Notables" is for a change to the Constitution. The finalization of this report is the first step of the process. Now Martinelli will make his changes and forward it to the National Assembly. There, it will be debated and adopted. Then (I think) it goes to a National Referendum (vote). And then the implementation is delayed. It's a long process. Anyway - I still expect that Martinelli will announce his three new Supreme Court justices today.   

The Vice President of Panama, who is also the President of the opposition Panameñista political party, Juan Carlos Varela, said yesterday president Ricardo Martinelli "mocks the country" because of the announcement made by the President of the Supreme Court, Alejandro Moncada Luna, who said Martinelli could legally appoint the three new Supreme Court justices who will occupy the controversial "Fifth Chamber," without having to wait for the National Assembly to pass the law they are currently debating on the subject. Varela said Moncada Luna's statement have been "planned since last Friday." Varela referred to a press release from the Executive that announced they would proceed with the appointment of the three new judges for the Fifth Chamber, to obey the instructions of the President of the Supreme Court, in order to ensure compliance with the court's decision of 25 January 2011 which declared Law 49 of 1999 unconstitutional, which repealed the Fifth Chamber.

The press release from the Executive came after mobs of people led by members of the ruling Democratic Change (CD) political party staged confrontations with people from other groups and political parties in the gallery of the National Assembly, all who were there to observe the proceedings and debates about the Fifth Chamber. According to Varela, before Martinelli left for Davos, Switzerland, on January 24th to attend the World Economic Forum summit, he met with the National Assembly caucus of his Democratic Change political party, and he warned them that he wanted the law about the Fifth Chamber passed before he returned last weekend. Otherwise, he would not support them with more funds, and he would appoint the judges of the Fifth Chamber.

La Prensa sought a reaction from the Executive on Varela's version of events, but there was no answer. National Assembly Deputy and the former leader of the CD caucus Fernando Carrillo denied Varela's version, saying they were not threatened by Martinelli. He also denied there is disobedience in the caucus.

But CD Deputies Luis Corvillón and Ronny Araúz, and the Panameñista Deputy Miguel Fanovich, who support the Fifth Chamber, were absent from the debate. Those who reject the Fifth Chamber argue it will allow Martinelli to appoint eight of the twelve judges in the Supreme Court, a first for the country. The opposition interpreted this as an action seeking reelection. Assertions that the president has repeatedly rejected. (Prensa)

Editor's Comment: Today there will be a meeting of the Executive Cabinet Council. I expect they will select and appoint the three new Supreme Court justices for the Fifth Chamber at the meeting. The opposition lawmakers are most afraid because with eight judges in his back pocket Martinelli will have a two-thirds majority, number required to convict a Deputy in the National Assembly of corruption, graft, embezzlement, or some other crime or wrongdoing. And if the CD wins in 2014? Make that 12 out of 12. Guys like Blandon and every corrupt lawmaker in Panama are shitting in their pants, and ready to burn down the house to keep this from happening. But it's going to happen anyway. And, they won't like it. But the girl in the pink lingerie likes it - and she knows its the last day of the month, so you should forward this article to all of your friends, in a blatant attempt to boost this month's traffic stats. Yeah, sure politics, whatever ... "hey, hooters!" ... I think she would make a great Supreme Court Judge. Like, I don't know my audience (grin).   

The Foreign Minister of Panama, Roberto Henriquez, on Friday defended Bill 402, which reactivates the Fifth Chamber of the Supreme Court of Justice claiming that legally "it is a long overdue necessity." "Why is it that those who originally proposed the Fifth Chamber during the administration of Perez Balladares, those who defended it every time while they were in power, now oppose it?" he asked. The caucus of the ruling Democratic Change (CD) is trying to approve the bill in the second debate, but opposition lawmakers are preventing its passage with delaying tactics. Chancellor Henriquez, who is also the Vice President of the CD party, said precisely because there is no chamber in the Supreme Court dedicated to constitutional issues, these cases pile up and decisions are delayed. The opposition Panameñista party has denounced that President Ricardo Martinelli intends to open the way for this reelection with the Fifth Chamber, and he lied in 2007 when he said he was against the establishment of the Fifth Chamber in the Supreme Court. The Foreign Minister believes the opposition to the Fifth Chamber "is purely political." (Estrella)

Editor's Comment: Sure, no doubt it's political. This fight is all about political power. The government politicians argue that the Fifth Chamber is needed in order to address mounting court cases about issues and challenges regarding constitutionality. However in reality this is more about giving Ricardo Martinelli the opportunity to appoint three more justices to the Supreme Court. Once that's done, then he will have total control over the entire government. And for example the Supreme Court will be appointing the replacement for Solis on the Electoral Tribunal later this year, so there's one more element of power and control. Expanding his grasp over every element of Panamanian politics has been the one consistent guiding light of the Martinelli administration. If they want it, they got it. Just look at the track record - they now control the National Assembly, the Public Ministry (fired Ana Matilde Gomez, hired a new Attorney General), the Comptroller General (Martinelli's former accountant), the resignation of Bosco Vallarino as the Mayor of Panama City who was replaced by the CD's Roxana Mendez, and the list goes on. By the end of his term Martinelli will have appointed eight of twelve Supreme Court justices - and those guys will serve for ten years. That's gotta be a record. So yeah, the opposition is political, because the move is about securing more political power. A simple fact of life. And of course the PRD and the Panameñistas are going to object. What, you expect them to support and applaud?   

The National Assembly Deputy from the Panameñista political party Jose Isabel Blandon said with the creation of the Fifth Chamber, the President seeks to ensure immunity, because during his term in office he will have appointed eight of the twelve sitting justices on the Supreme Court. Blandon warned the passage of this bill would open the way for Martinelli's re-election, saying the same thing might happen here as what happened in Nicaragua with President Daniel Ortega. He said the Panamanian people reject the Fifth Chamber, because they want to preserve the democracy, for which they fought. Meanwhile the National Assembly Deputy from the Democratic Change political party Gabriel Mendez said the bill that seeks to establish the Fifth Chamber is subject to change, because it seeks to impose something that benefits the country. (TVN)   

The National Assembly remained in session until 3:35 am early Friday morning, 27 January 2012, discussing Bill No. 402, which will provide the legal basis for the new Fifth Chamber of the Supreme Court. The Deputy and Second Vice President of the Assembly, Rony Arauz, who chaired the debate, agreed to finish the session at that time, so that later no one could say the law had been approved "in the middle of the night." So, it is expected the lawmakers will resume the debate at 11:00 am on Friday morning, with the vote on the minority reports in relation to the Fifth Chamber, presented by the deputies of the opposition Democratic Revolutionary Party (PRD) and the Panameñistas.

In the marathon session, which began in the afternoon yesterday, Thursday, opposition deputies sustained their reporting on Bill 402. In addition, they called for the project to be returned to committee, after claiming the Government Commission approved the initiative "surprisingly," which had been presented by Deputy Hernan Delgado, without the participation of civil society and opposition lawmakers.

For its part, the caucus of the ruling Democratic Change party claimed opposition lawmakers were causing the extension session by introducing bills in the middle of the discussion to delay the process. (Prensa)   

After a year and a half of waiting, the bill to establish female and male sterilization was approved yesterday in the first debate by the Committee of Women's Affairs of the National Assembly. The approval of the project was attended by five of the nine members of the commission, which had not met for several weeks due to the absence of the deputies. Crispiano Adames, of the Democratic Revolutionary Party (PRD), said the proposal seeks to eliminate the current legislation on the subject, which dates from 1941, which he considers to be discriminatory, and in violation of human rights because it prevents women from taking responsibility (for the decision), and it violates the sovereign decision of how many to conceive.

The current law states that in order for a woman to be sterilized, she must be at least 33 years of age, have had at least five live births, and in addition she requires her husband's approval. The most recent regulation of this old law issued by the Ministry of Health lowered the age to 28 years and the number of children to two.

The new bill clarifies that sterilization is a personal right, and is voluntary on the part of the woman, although it does not specify the age at which to apply sterilization, only that the woman be an adult (18). At this point, Adames proposed the age should be 21 and the woman must have had at least two children, but said he was open to other suggestions of experts.

The bill also contemplates male sterilization with the consent and information on the risks of a surgical procedure and the consequences of a vasectomy.

The document stipulates that in order to proceed with the sterilization, the woman must present a voluntary petition and medical recommendation, as well as a test to prove she is not pregnant. The procedure will be stopped if the woman expresses before the end of medical intervention that she was not presented with information about alternative methods of contraception.

The commissioners also approved bill 305, which ensures the health and education of pregnant adolescents. This document creates lactation rooms in schools where teenage mothers can attend to their children, in order not to interrupt their education, and to encourage measures to reduce the number of teenage pregnancies and abortions. It also encourages the attendance of minors to planning consultations. (Panama America)

Editor's Comment: Holy Last Century, Bat Girl. Five live births and the consent of the husband required to get your tubes tied? Well, yeah, that's from 71 years ago. Now, get 'chur cute little barefoot fanny back into that kitchen, and keep squeezin' out those pups...   

In a unanimous ruling, the Supreme Court yesterday declared unconstitutional Law 78 of December 11, 2009, which sealed Panama's withdrawal from the Central American Parliament (Parlacen), a forum in which the president, Ricardo Martinelli, who pushed for this law, will now have a seat as of 2014. The Chief Justice, Alejandro Moncada Luna, made the announcement at 1:00 pm yesterday afternoon, about three hours after the start of a special session of the Supreme Court. The ruling was written by judge Harry Díaz -the President of the Criminal Chamber - who was appointed by Martinelli in 2011 to replace Judge Jose Abel Almengor, who resigned. Presidential spokesman Luis Eduardo Camacho acknowledged yesterday that the Government has no other choice but to obey the decision. The President, who called the Parlacen a "den of impunity", has not made a statement on the issue because he is traveling in Switzerland.

For his part, lawyer Julio Berrio, promoter of the three lawsuits challenging the constitutionality of Law 78, said the ruling was in strict accordance with the law, and it corrected a clear violation of the Constitution and the 1969 Vienna Convention, to which Panama is signatory.

The Resolution That Enabled Bosco Vallarino Declared Unconstitutional: During the same session yesterday the Supreme Court declared as unconstitutional the retroactive effect of Resolution No. 2 of the National Assembly, from July 3, 2009, which returned citizenship rights to Bosco Ricardo Vallarino. In the ruling, written by judge Hernán De Leon, declared unconstitutional the phrase "after 2000" contained in the resolution, because it violated Article 46 of the Constitution. No further details were provided about the unanimous decision. (Prensa)

Editor's Comment: In the Panamanian Supreme Court the decisions are written by one of the nine judges - called the "potente" - who is responsible for doing the research, analyzing the case, defining the appropriate law, etc. This person writes up the draft, which is then coordinated around among the rest of the judges. As soon as there is a majority in agreement with the draft, then there's a decision. The dissenters can write their opinion if they wish, but it won't change the outcome. Apparently both of these decisions were unanimous. I thought the Parlacen decision was interesting because I was convinced Martinelli wanted Panama out. Maybe he's since decided that ten years of immunity from prosecution isn't such a bad thing, after all?   

By DON WINNER for Panama-Guide.com - Received today via email: "Hello Mr. Winters. Read your Panama Guide constantly and truly enjoy it. Could you please clear up something for me and possibly others? We live in the Bejuco area and have heard that if our gardener (2 days/week) works a total of 14 hours or more we must sign him up for social security and pay his ss premiums. Is this true? We had a full time gardener (on ss.) until he quit and now wonder about the new law and the part-timer. What is our responsibility under these new laws? They seem so confusing to us. Keep up the good work with the paper. It is truly the best way for us to know what's happening in the country. J&LM"

Editor's Comment: First of all, it's "Winner", not "Winters". I have no idea why that switch occurs in people's minds, but it's been happening my entire life. Anyway, one of the things you will be needing if you live in Panama as a resident is a lawyer, on retainer. Now normally I would say you don't need a lawyer for this kind of stuff, but if you're Spanish language skills are not up to snuff then you might miss something, do something wrong, and it might co$t you later on down the road. The next biggest mistake you can make is to conduct the business aspects of your life, like hiring employees, based on information provided by knuckleheads like me. I can tell you what I know from my own personal experience, but the laws change constantly.

It Can Be Tricky: In Panama the game of hiring either full or part time help can be very tricky. The employees tend to become "legal beagles" and they know every trick in the book when it comes to $ucking money out of a former employer. Every employee - employer relationship starts in Panama with good feelings and hugs and kisses and kum-friggin'-bye-ya. They tent to end with disappointment, loud voices, the occasional machete, and an argument at the Ministry of Labor over exactly who owes what and why. These fights over termination are always won by the person with the best documentation. I suggest you have your lawyer draw up a standard employment contract. You can have check boxes for "full time" or "part time." You can have a fill-in-the-block section for hours to be worked or schedule. You can have a complete and detailed section outlining requirements and expectations for termination, and of course whatever you put in your employment contract has to concur and comply with Panamanian law. These kinds of employment contracts are "boiler plate." If your lawyer can't whip one up in thirty seconds or less, move on to a new lawyer.

Once Employment Starts: The employee - employer relationship starts once the contract is signed and the new employee shows up for the first day of work. Now you need to track and document every hour worked. Keep a detailed notebook of hours worked, when the person showed up, how many hours they worked, including date and time, what they did, etc. Have the employee initial off each entry as a matter of course. Keep your book and the copy of the contract in a safe place (lock and key) where a maid, for example, who is considering leaving can't rip it off at the last minute to destroy your documentation. You can use this same book to document any additional payments, bonuses, gifts, or whatever. These kinds of things won't have any bearing on the end result, beyond proving that you were a "nice guy" who took care of your employee.

It's About The Money, Honey: Also do not pay the person in cash. Use some kind of a method to create documentation - like cancelled checks - for every dime you've paid. If you have all of these things, the contract, the notebook of hours worked, and the documentation of money already paid, then when it comes time for you to part ways, you most likely won't have to pay one red cent more than what you are legally required to pay. Meaning, it won't come down to "he said, she said." Your former employee will drag you into the Ministry of Labor and lie through their friggin' teeth to screw you out of a $100 bucks or whatever. Anyway, the bottom line is to pay what you have to pay. Now, as far as the question about the Social Security payments...

Susan, Are You Listening? Apart from being a dipped in stardust Obama loving democrat (grin), Susan Guberman-Garcia knows a whole lot about these kinds of issues. She runs an excellent Yahoo! email group called Panama Laws for Expats which you might want to consider joining. There are currently about 2,180 members and many of them are Panamanian lawyers. Your question is tailor made for that group. I suspect that Susan - who owns and operates a Bed & Breakfast in Bocas del Toro, already knows the answer off of the top of her head, and hopefully she (or someone else) will respond with the correct and current answer to your specific question in the comments section below. Best of luck with your future gardener, and your efforts to keep the encroaching jungle at bay.

Copyright 2012 by Don Winner for Panama-Guide.com. Go ahead and use whatever you like as long as you credit the source. Salud.   

The Government Commission of the National Assembly approved on first reading the draft of the law regarding the "Fifth Chamber" of the Supreme Court, and the Deputies in the National Assembly from the Panameñista party don't like the way it was done. Vice President Juan Carlos Varela added his voice to the criticism, saying it was one more attempt against democracy. While speaking on RPC Radio, Varela said the way the bill was approved in the first debate was disrespectful to the Panamanian people. He said it was a further demonstration of the interest by the Executive to name three new judges to the Supreme Court in order to take control of the judicial system. (Telemetro)

Editor's Comment: In Panama "projects" or bills are approved at the committee level in what is called the "first debate." Once it's out of committee, the bill goes to the full body of the National Assembly for two more votes, known as the second and third debate. Once approved in the third debate then it goes to the president for signature. In the case of this bill that would define the roles and functions of the newly created "Fifth Chamber" of the Supreme Court, the Government Committee - controlled by the Cambio Democratico party of Ricardo Martinelli - approved the bill last night without even having the committee members from the Panameñista party in the room. They held a meeting and a vote, and all of the Committee members from the CD voted in favor, as well as one from the PRD political party. Legally speaking, they had a quorum, and what they did was not illegal. However it was nothing short of a tremendous "fuck you" to the Panameñista party - and it prevented them from holding up the proceedings. Now the bill goes to the full body of the National Assembly, where it will quickly be passed in the second and third debates. Martinelli will then announce his appointees (three new judges) which brings the total number of Supreme Court judges to twelve. Martinelli will be able to do whatever he wants in the judicial system.

   

Over the last few years the increase in the construction industry in Panama has made dealing with developers a delicate matter. In almost every instance developers write very one sided contracts that are very beneficial to them, but maybe not so much for the buyers. When there are problems or when construction projects get delayed some developers can be very difficult to deal with, especially for foreign buyers. With all the turmoil in the markets the last few years, conflicts between the developers and buyers have become even more frequent. Delays in construction, changes in building specifications, projects that don’t get off the ground, and failure of payment by buyers are some or the most common situations.

If you find yourself in a situation where you feel your investment is in jeopardy, you should know you have options, even if the non compliance is in part attributable to you. It might be possible to get all or part of your money back. However it is very important that you take action before the developer obtains the occupancy permit for the building. It has been our experience with developers in almost all cases they are hesitant to return deposits and/or damages to buyers, even if the incompliance is clear on their part, so some sort of legal action usually needs to be taken to pressure them to comply and to secure your investment. Once legal action has been taken they seem much more willing to negotiate.

We at Panama Relocation Attorneys specialize in the legal aspects of real estate transactions and now through our litigation department we can not only advise our clients but also present proper legal action if need be to protect their rights. If you or someone you know finds themselves in a situation in which a considerable down payment has been made for a property and there are problems with the developer, we are willing to look at your case free of cost to determine if in our opinion you have a case or not. To take advantage of this offer please contact us a info@prapanama.com and mention that you saw this article in Panama Guide.

Kind regards, Lic. Gonzalo de la Guardia   

The President of the Supreme Court, Alejandro Moncada Luna, said this Monday, January 16, he could not make "guesses" on decisions that are unique to this organ of state. Moncada Luna referred specifically to the claim of unconstitutionality filed against the resolution passed by the National Assembly that returned the civil rights to the former Mayor of Panama City Bosco Vallarino. He said in the news media articles have been published about this case indicating they (the Supreme Court) will collate copies to the Public Ministry to open a criminal process against Vallarino. This is incorrect, he said. "You can not speculate on projects that are specific to the Court, and even less if the full body of the Court has not yet made its decision," he said. And, according to the presiding judge of the Court, the decision on Vallarino's case will be taken on 24 January 2012, as announced.

There were three complaints of unconstitutionality made against the decision to return Vallarino's civil rights; one by Armando Aguilar, one by Miguel Antonio Bernal in representation of Mario Castillo, and the third by the lawyer Saks Roberto Calvera Oro. The first two were filed in 2010 and the last in 2011. All three were joined into one single file. (Prensa)   

Alejandro Moncada Luna is now the new President of the Supreme Court, replacing Aníbal Salas. Mocada Luna, who was appointed to the Supreme Court by president Ricardo Martinelli, was sworn in by Salas in the offices of the Presidency of the Court. In his speech, Moncada Luna said the Magistrates will have a fixed period of 10 years, and that after that time an assessment will be made, and if it is positive they will be given another ten years. (WTF?) He said they cannot continue to allow corruption in the judiciary. He said the judges will have a definite time to work, discuss and sign the resolution of a case, and he said no cases will be shelved. The Board of Directors of the Supreme Court will also have two Vice Presidents and a Secretary.

Earlier, the new judges of the Supreme Court of the First Civil Chamber and the Third Division of Administrative Litigation, Hernan Batista Antonio De Leon Sanchez and Luis Ramon Fabrega, respectively, took office today in a ceremony place in the Yellow Room of the Palace of the Herons. (TVN)

Editor's Comment: OK, Salas did the swearing in ceremony and now Moncada Luna is the new President of the Supreme Court. But where the hell did he come up with that thing about how Supreme Court justices will serve ten years, and then if they do a good job then they will have another ten years? What, he thinks he can change the constitution with a speech? No mention made in the article that Moncada Luna was simply making a suggestion or anything like that. No matter - all Supreme Court justices, including him, serve ten years on the bench and then they are replaced. And does Moncada Luna really think any sitting president will give up the power to name new Supreme Court justices to sit on the bench? Am I missing something? Is this an issue that's being discussed as a possible change to the constitution?    

At a ceremony held in the Yellow Room of the Palace of the Herons the new justices of the Supreme Court were sworn in. Hernán Antonio De León Batista will serve in the First Civil Chamber and Luis Ramón Fábrega Sánchez will serve in the Third Chamber of Administrative Litigation. This was announced by the Secretary of State, through a press release on Tuesday, 3 Januart 2012. During the ceremony the President of the Republic, Ricardo Martinelli, said the two new judges assume a historic responsibility to contribute to the Panamanian justice system, and he called upon them for these ten years during which they will occupy these positions to be a vibrant force, and to change the justice system in Panama. "You are responsible Panamanians and with good names. I'm sure you will do your work well. I was not mistaken in appointing you, and I know you will work so that justice reaches all, because in this country there should be no one with exemptions or privileges," said Martinelli.

For his part, Supreme Court Justice Fabrega said his designation represents a big challenge on his shoulders, and the (justice) system has made some advancements, but there is much to do, and he hopes the hopes the public can learn about their work and their contribution to society.

Meanwhile, Judge De Leon said he returns to the justice system with a commitment to transparency and honesty and, as president Martinelli said, justice must be equal for all, and he will carry out his work based on this principle.

The Judge of the Third Division of Administrative Litigation, Luis Fabrega has a Juris Doctor degree from the Universidad Complutense de Madrid, he studied at Harvard, and his last position was as the President of the International Maritime University of Panama. The judge of the First Civil Chamber, Hernán De Leon holds a Ph.D. in law from the Universidad Santa María La Antigua (USMA) and his last position was as a President Magistrate of the Administrative Tax Tribunal. Both judges have teaching experience. The new judges replace Winston Spadafora and Alberto Cigarruista who finished their ten year terms in office. (Estrella)

   

"We cannot continue to allow the existence of a widespread perception among the citizens that the judiciary is corrupt," said the new president of the Supreme Court, Alejandro Moncada Luna. During his speech as the new President of the Supreme Court, Moncada Luna said he has submitted a proposal for a bill to the National Assembly that would amend some of the articles of the highest body of justice. He said is these articles they seek to make it so the full body of the Supreme Court can separate any administrator of justice from their position, whoever he is (for acts of corruption). (Panama America)

Editor's Comment: Now two of the old justices that had been appointed by the Panameñista former president Mireya Moscoso are gone, and two more of Ricardo Martinelli's boys from the Cambio Democratico political party have taken their place. This further tightens Martinelli's control over the Supreme Court, and you can expect there to be further actions on old corruption cases that have been pending against his PRD and Panameñista political rivals. Moncada Luna promised there would be a separation of powers between the Judiciary and the Executive branches, and he managed to do it with a straight face.   

The decision of the Supreme Court regarding Mayor Ricardo "Bosco" Vallarino could cause his departure from office. The Panameñistas expect the Supreme Court will issue a ruling against the decision of the National Assembly, which returned Panamanian citizenship to Vallarino. (Telemetro)

Editor's Comment: Ricardo "Bosco" Vallarino won the election in May 2009 and has been serving as the Mayor of Panama City. He is from the Panameñista political party, and there have always been differences between him and Ricardo Martinelli. Early on, for example, Martinelli created a new national level office responsibly for garbage collection, and he took the responsibility away from the municipalities, because Bosco simply could not get the job done. When Bosco was elected it became known he had renounced his Panamanian citizenship during the years of the military dictatorship in order to obtain US citizenship. Legally speaking, this made him ineligible to serve as Mayor. One of the very first things the National Assembly did, which was controlled at that time by the Panameñistas, and presided over by the brother of Juan Carlos Varela, was to pass a resolution reinstating Bosco's Panamanian citizenship. Now that the alliance between the Panameñistas and Ricardo Martinelli's Cambio Democratico (CD) party has broken up, there's really no reason for them to allow Bosco Vallarino to remain in office. Martinelli has appointed enough justices to the Supreme Court to control and manipulate practically any ruling. If Bosco is removed from office, then the current Minister of Government Roxana Mendez, who was elected as the Vice Mayor, will step in and take over. The Panameñistas expect this will happen sometime during the first few months of 2012 - after the new Supreme Court justices appointed by Martinelli take over.   

The General Manager of the National Authority of Public Services (ASEP), Zelmar Rodríguez Crespo, confirmed yesterday the lawyer Jorge Molina Mendoza, who is also a Director of the newspaper La Prensa, received from the institution a monthly payment of $5,000 as part of a contract for legal services. The contract was not renewed after the Supreme Court said in a November 2009 ruling there was negligence in a case in which Molina had to defend the interests of the state, representing the ASEP. The company La Mina Hydro-Power Corp. easily won their case because there was no defense strategy presented by the ASEP, represented by Molina, the court concluded.

In the case the Court ruled in favor of the company and recognized their rights for the concession for a hydroelectric project in Chiriqui, which had been set aside (annulled) in 2006 to be later granted to the company Ideal Panama, owned by the Mexican billionaire Carlos Slim. In its ruling, the Court stated that the ASEP only presented a report of conduct, which they considered to be an abandonment by the lawyer Molina, which in turn caused a significant impairment of the State. Rodriguez confirmed yesterday that after the ruling was handed down the institution cited Molina to give his explanations. "He brought with him a series of documents (which he used to) try to justify his work, but in the end we did not renew his contract," she said.

ASEP is now between a rock and a hard place because the two companies related to the concession can make multi million dollar severance claims against the state. The official pointed out they have already been notified of a claim for $103 million dollars for damages and lost earnings filed by the company InterCarib, represented by Julio Lisac. Rodriguez said the institution is aware that at some point, the State will have to pay compensation for this case. She also said it would have been more appropriate if the Court's decision had also clarified the issue of compensation, but this did not happen.

The decision only opens the door to the company that sued the ASEP to present their claim for damages. Nor did the Court clarify the status of the company that built the hydroelectric project, Ideal Panama. Parallel to the case of claims against the State, the ASEP now is part of the process of reversion of the rights of the concession to Lisac, which is complicated because Ideal Panama had already constructed the hydroelectric project for a cost of $170 million dollars. Rodriguez said they are considering various strategies or solutions to the case, but said for the moment they have left open the option for the various parties to come to an agreement voluntarily. "But so far we have not heard," she said.

The Panama America newspaper again tried to obtain a response from Molina's law firm, but there was no response regarding this case. These offices said Molina was in meetings. (Panama America)

Jorge Molina Mendoza - Part of the Directors of the Newspaper La Prensa, represented the ASEP in a case that was lost due to negligence.

Editor's Comment: Ah, OK. So this is what La Prensa was calling an "attack." And rather than trying to explain himself to the Panama America newspaper, instead Molina decided to use his own media outlet (La Prensa) to call this news article an "attack" against La Prensa. On the face of things it seems the ASEP decided to fire Molina for poor performance in the court case. That's pretty simple to understand. And now that the ASEP has lost this case before the Supreme Court, the three different companies involved can now sue the government for millions of dollars. Right. Poor lawyer. He's being attacked. Jeez... Now scream "freedom of the press" and blame it all on Martinelli. That'll work. So not only are the politicians all on one of the three teams, and the different news media outlets all support one team or the other, now the lawyers also have to wear team colors and get the appropriate tattoos. It's a more complicated political reality out there, and it's getting more and more complicated with each passing day.    

The full body of the National Assembly ratified last night the new judges appointment to the Supreme Court - Luis Ramón Fábrega and Hernán De León Batista - with doubts raised by the members of the opposition Panameñista political party about whether or not they will operate and decide cases independently of the Executive Body and President of the Republic, Ricardo Martinelli, who appointed them to office. Despite these concerns, both appointments were given the vote of confidence by the opposition Deputies from both the Panameñista party and the Democratic Revolutionary Party (PRD). Only Jose Blandon - Panameñista - abstained from voting on the appointment of De Leon.

De Leon, who was the coordinator of the special commission to reform the Constitution, will serve in the First Civil Chamber replacing Alberto Cigarruista, whose term in office expires on 31 December 2011. While Fabrega, the brother of the Vice Minister of the Presidency, Maria Fabrega, will serve in the Third Administrative Division Chamber, replacing Winston Spadafora.

After his ratification, Fabregas pledged to work with honesty and transparency in office. Meanwhile, De Leon "still does not believe" he will actually a magistrate on the Supreme Court, because he does not belong to nor has he ever been a member of a political party. (Prensa)   

The presence of Panama's Attorney General Joseph Ayú Prado was not required during the transfer of the former military dictator Manuel Antonio Noriega from Paris to Panama, saying "rather I think it was a request from the president," said the former Attorney General Ana Matilde Gomez. "Apparently there was executive interference because the Attorney General said the Cabinet had asked him, and everyone knows the Cabinet Council is "Ricardo Martinelli," she said. According to Gomez, Ayu Prado acted badly in going to meet with Noriega in France, a meeting that never took place because Noriega refused, suggesting that he knows his rights better than anyone else. Noriega was right in refusing to meet with the Attorney General or allowing himself to be exposed to the media, said Gomez on TVN.

The presence of the Attorney General also meant he accompanied Noriega to the El Renacer prison, where Noriega has been detained since Sunday, 11 December 2011. But the role of custodian did not fall to Ayu Prado, said Gomez. Gomez also criticized the way the authorities handled Noriega's transfer. She said there was a lot of improvisation in the process, including the tweet sent by president Ricardo Martinelli, when he ordered the Minister of Government Roxana Mendez to haul Noriega out so he could be photographed and video taped by the media. Moreover, the judiciary has not done anything wrong in this case because when Noriega was taken to jail there was no judge present, she said. (Estrella)

Former Attorney General Ana Matilde Gomez

Editor's Comment: First of all, Ana Matilde Gomez was hired by former president Martin Torrijos to be the Attorney General. She's 100% PRD. And, Ricardo Martinelli basically got her fired so he could put his guy (Ayu Prado) in the job. Ana Matilde Gomez has now become another "perennial ankle biter" who always will have a bitch or a complaint against whatever the government does. And also notice in this article there's not even a hint of trying to get an opposing opinion or the other side of the story. Personally I thought Ayu Prado made the right call in tagging along. Did he have any direct responsibility? No. However as the Attorney General he is directly responsible for handling all of the current cases pending against Noriega, and he probably wanted to make sure no one screwed those up. It was Ayu Prado who basically said a firm "No" when pressure was mounting to haul Noriega out in front of the cameras. And Ayu Prado also explained that while there might already be several convictions for murder against Noriega, there are many more cases pending against him, and his rights in those cases don't change just because the other convictions exist. So, I think he played it right. Finally, who cares what Ana Matilde Gomez thinks anymore, anyway?   

By DON WINNER for Panama-Guide.com - This afternoon, Tuesday, 29 November 2011, the Cabinet Council selected two lawyers to be the new Supreme Court justices - Hernán Antonio De León and Luis Ramón Fábrega. This is the first official release of the names, I'm sure there will be more coming out soon.

Copyright 2011 by Don Winner for Panama-Guide.com. Go ahead and use whatever you like as long as you credit the source. Salud.   

The Secretary of Legal Affairs of the Ministry of the Presidency Ana Belfon said to date they have not received any suggestions, recommendations, or objections to the list of applicants for the post of judge of the Supreme Court. Although since last September, the Secretariat of the Cabinet Council opened the bar to receive suggestions from civil society, "we have not yet received any documents," said Belfon. However, the Citizens Alliance for Justice urged the Executive to disclose as soon as possible the names of the two lawyers who will be appointed to these positions, replacing Alberto Cigarruista and Winston Spadafora, who concluded their terms on 31 December 2011. According to this group, the government intends to make the announcement during the holidays this year, when there is little public attention on these issues. "There is no list of two people. We complied with a transparent procedure and this does not prevent members of civil society and want to opine, advise or to object to a particular applicant for a magistrate of the Court, but so far the office of the Cabinet Secretariat has not received anything," reiterated Belfon. (Prensa)

Editor's Comment: Reportedly president Martinelli has already picked his two primary nominees to replace the vacating justices on the Supreme Court. The members of this group of "civil society" ankle biters don't like the fact that Martinelli has not made his decision public yet. The fact of the matter is that there has been a much longer list of all of the nominees available since September, and the Ministry of the Presidency rightfully points out that the "civil society" has had all the time in the world to review or make complaints, observations, or suggestions about any of them. But, they have not. In short, they want Martinelli to make it easier for them to focus their attention on just the two names he has picked. And of course Belfon is, in fact, lying. Martinelli said in an earlier Tweet that he's made his picks. Maybe it's not on a list somewhere, but it's in Martinelli's brain. Whatever. More political games.   

The businessman Jean Figali, indicted for money laundering from drug trafficking and forgery of public documents, was acquitted of the charges against him, by order of the Twelfth Criminal Court, which ruled in in his favor a temporary stay. In its ruling of November 21, 2011, Judge Marlene Morais said the Organized Crime Prosecutor failed to prove the commission of a crime by Figali nor for the alleged crime of drug trafficking. Figali was given the precautionary measure of not being allowed to leave the country after he spent ten months in prison for these charges. (Prensa)   

#Panama - An American citizen, Isaac Polanco, who was allegedly linked to the attempted kidnapping of President Ricardo Martinelli in January 2010 said he suffered various abuses of his human rights, and among those responsible he mentioned the former director of the Direction of Judicial Investigation (DIJ) Javier Carrillo. In response, Carrillo, who now heads the National Migration Service, said that is totally false and it is an infamy from this person who committed several crimes during his stay in Panama. According to Carrilllo, this is American citizen is taking advantage of the fact that he is in Puerto Rico to tarnish the reputations of several people. (Telemetro)

Editor's Comment: OK, so Polanco pulled the trigger. I've spoken to him on several occasions. He called me using a cell phone when he was detained in La Joya, and then after he was deported he called me a couple of times from Puerto Rico. As a matter of fact he sent me the photo above on 3 October 2011, so we've been in contact relatively recently.

Here's what happened: Isaac Polanco got paid by the government of Panama for providing information on other criminal elements here in Panama - he was an informant. He developed a degree of credibility because on a couple of the occasions the information he provided was correct and accurate, and it resulted in arrests of others who had committed crimes, and specifically he helped to solve one important kidnapping case. With regards to the whole supposed kidnapping plot against president Ricardo Martinelli, from what I understand that was something Polanco himself basically invented. He convinced the two SPI guys that were involved to start planning. Then, he turned around and tried to sell the information to the Panamanian authorities. When the busts when down, he was arrested as well.

A Year In Prison: Isaac Polanco spent about a year in prison. During that entire time his case was being investigated by José Ayú Prado, who at the time was the Special Prosecutor for Organized Crime. The case of the alleged or supposed kidnapping plot was assigned to him. It's important to note that José Ayú Prado is now the Attorney General of Panama. Isaac Polanco told me he was taken to be questioned or interrogated on several occasions in the office of José Ayú Prado, but during those interviews Ayú Prado didn't ask him very much about the supposed kidnapping plot. Rather, he spent all of his time asking Polanco about other criminal figures and networks. Apparently the Panamanian authorities had figured out relatively quickly that the kidnapping thing was bullshit, but Ayú Prado wanted to take advantage of the fact that Issac Polanco was detained and being held in prison awaiting trial, to attempt to extract as much actionable intelligence from him as possible, before he was released.

Physical Attacks and Abuse: When we spoke on the phone Isaac Polanco never told me that Ricardo Martinelli kicked him in the stomach personally - I would have remembered something like that. In his interview on Telemetro today he also mentioned the names of Javier Carrillo and Manuel Moreno. That would make sense because at the time Javier Carrillo was the Chief of the DIJ, and Issac Polanco was initially detained in the holding cells of the DIJ when the case was initially being investigated, and this is common practice. He also mentioned the name of Manuel Moreno, who at the time was the Chief of the Homicide Division within the DIJ - I worked with Moreno on the murder investigation of Daniel Moreno (no relation to Manuel Moreno) who has been arrested and charged in the murder of the American citizen Denise Mullen Hiller. Since the time that Issac Polanco was arrested, Manuel Moreno has since been promoted and he is now the Chief of the DIJ, and Javier Carrillo has also been promoted and he is now the Director of the National Immigration Service. So, all of the primaries involved have been promoted. And about the abuse in prison, Isaac Polanco told me he got beat up in prison on several occasions, and that his life had been threatened. He was hospitalized with a broken jaw - facts he repeated again today.

Fear Of Reprisals: When I spoke to Isaac Polanco he said he was concerned for the welfare of his wife and family - he's married to a Panamanian and has Panamanian children.

Cleared Of All Charges: A judge in San Miguelito issued a "provisional acquittal" in favor of Polanco and ordered his release. However he was not release, but rather he was handed over to the Immigration authorities and deported.

Interesting Twist On His Deportation: Isaac Polanco sent me a copy of the documentation used to deport him. Apparently, the Immigration authorities issued a letter (I have a copy) saying Issac Polanco had just arrived in Panama on 9 December 2010 at the Tocumen International Airport on an American Airlines flight from Puerto Rico. Of course this was impossible, because on the date specified in the letter, Issac Polanco was in fact an inmate in the La Joya prison. The same letter says the Immigration officials had declared him as a person who was "inadmissible" to the country because he did not have a passport or he had lost his travel documents. And that was also a lie, because in fact the Immigration authorities had confiscated his passport, and a copy of the passport was in fact attached to the letter. Based on this document, Immigration ordered the deportation of Polanco on 11 December 2010 aboard Copa flight number 710, departing that day at 12:04 pm. Issac Polanco was taken straight to the airport, put on a plane, and sent to Puerto Rico.

Deported With A Warning: Polanco told me he was threatened - that if he said anything then his wife and family would be in danger. When Polanco called me he was basically looking for advice. He wanted to know, "what can I do?" I explained that his position was relatively weak. He was in fact a paid informant. In short, he was involved in criminal activity himself and he managed to avoid arrest and prosecution because he was providing information about the criminal activities of others. In fact Polanco even told me he was concerned for the safety of his wife and family, mostly because he was worried that the people he had helped to put in prison might find out they were caught based on the information he had provided. And with regards to Issac Polanco getting beat up, killed, or threatened while in La Joya - I imagine his biggest fears and concerns were for those same guys, the people he had put in prison with the information he provided. Those were probably the guys who broke his jaw. Polanco wanted to know what he could do - he wanted to return to Panama to be with his wife. Another problem he was having was that the US Embassy wouldn't issue a visa for his family to come to Puerto Rico. So, she couldn't get there, and he couldn't return to Panama. I think my bottom line advice to him was that he could move to Costa Rica, that way he could be close to Panama but not inside of Panama, and his wife could return to visit when she wanted. I also told him his chances of winning some kind of a lawsuit or legal action were probably pretty slim, because the Executive branch holds control over all the other branches of government, including the Supreme Court. Even if he submitted some kind of a complaint the long term chances were not good. Apparently he decided to go ahead and pull the trigger anyway, and of course this whole thing makes a big splash in the headlines today.

What Do I Think? In my opinion I think the whole "kidnapping" plot thing evaporated pretty quickly once Polanco and the two SPI guys were arrested. Was Isaac Polanco "tortured" while in prison? I doubt it. Was he vigorously interrogated? Probably. Was he made to be afraid? Sure, most certainly, especially in the first few hours or days when the law enforcement authorities really (really) wanted to know if there was a kidnapping plot against the president, or not. Once they figured out it was all bullshit (most likely invented by Polanco himself) then they would have calmed down significantly. They pressed charges, held him in prison for a year, had a trial, he was acquitted, and instead of being released he was deported (in a highly unusual manner, and using documents that appear to contain lies and false information.) And of course the timing of all of this is interesting, considering the political elements and angles this case will generate.

"That's About The Gist Of It" At some point in time I bounced all of this off of my law enforcement contacts at the US Embassy. Of course I can't quote them directly or attribute anything by name, and for the most part they just listened to what I thought about the whole Isaac Polanco affair, how it went down, and what was going on in truth and fact. The best I could get from them was "yeah, that's about the gist of it" and "you've got it nailed down pretty good." I think if I was completely out there in left field somewhere, they would have let me know, or at least given me a direction in which to sniff around. But I didn't bother following up because I was satisfied.

And Now The Fireworks Will Start: Who's going to investigate all of this? The Attorney General José Ayú Prado sure as hell isn't going to lift a finger - he was the one who orchestrated Polanco's arrest, detention, trial, and eventual deportation from the start. Polanco's lawyer (that's a whole different story, there) said she will be submitting a complaint before the National Assembly, because she is apparently going to name Ricardo Martinelli and the Attorney General as defendants. Let's see, does Martinelli still have 36 votes in the National Assembly? (Check). Nope, that's not going to go anywhere either. Supreme Court? No good there either, because it's 8-4 Martinelli. So Polanco basically has no chance of winning anything, and that's why I suggested he might want to consider Costa Rica. So why hire the most controvertial lawyer in Panama to move his case? And who is his lawyer? None other than Zulay Rodríguez, who went public with her accusations regarding a supposed plot to get Ana Matilde Gomez removed from office as the Attorney General, and who was responsible for the resignation of the newly appointed Supreme Court Judge José Abel Almengor. Yeah, it's political. Polanco and his case are pawns. Next...

Potential Human Rights Case: When I talked to Polanco on the phone I told him there was a recent case in which a guy from (Peru, I think?) was awarded a judgement by the International Court of Human Rights, which decided his human rights had been violated in the way he was held and deported back to Peru. I told Polanco that if the document he sent me regarding his deportation to Puerto Rico was legitimate, then he might be able to make a case on the human rights angle. Apparently, that's what he's going for.

Copyright 2011 by Don Winner for Panama-Guide.com. Go ahead and use whatever you like as long as you credit the source. Salud.   

The Association of Bars, Discotheques, and Nightclubs (ABDC) filed a lawsuit yesterday against Executive Decree 1424 of 9 November 2011, which regulates the hours of entertainment centers. The appeal was filed with the Third Chamber of the Administrative Court of the Supreme Court of Justice. Cristóbal Arboleda, the legal representative of this association, said the decree is unconstitutional, because it is the office of the Mayor that has the power to regulate the operating hours for bars and nightclubs, and not the executive branch of government. According to Arboleda, this decree is in violation of Law 15 of 14 April 2010, which creates the Ministry of Public Security, because this law does not establish that the entity should regulate issues pertaining to the governors.

The Executive Order Is Now In Effect: Five days after the adoption of Executive Order 1424, revenue in bars and discos on Calle Uruguay and the Zona de Rumba in Amador have fallen by up to 60%, as reported by Mario Luis Gonzalez , the President of ABDC. According to Gonzalez, the bars and clubs in these two sectors generate more than five thousand direct and indirect jobs, so therefore if this measure continues the families of those who depend on the entertainment industry will be affected. Gonzalez, who claimed to not be against the regulation, said this issue should be open to consultation and a comprehensive plan of social security.

They Will Be Fined $500: The Mayor of Panama City Bosco Vallarino said the fines against bars and clubs could be between $500 to $10,000 dollars. According Vallarino, Decree 1424 is clear in mentioning that the sale of liquor in the wee hours of the early morning is not permitted, so therefore it also applies to supermarkets that are open 24 hours, as well as casinos, hotels, and grocery stores. (Siglo)

Editor's Comment: Whoa, big fella. Did you read between the lines on that one? Bosco says (according to him) the Executive Order is clear and he thinks it also applies to hotels and casinos. So what's he going to do? He will wait until after 3:00 am, walk into a casino, find that they are selling booze, and hit them with a $10,000 fine. Ka-ching! Has anyone figured this out yet? Booze. Liquor. Varela. Got it? It's all politics. All of it.   

#Panama - A new scandal emerged over property near the beach in the province of Cocle, this time it's the beach at Farallon de Anton. According to representatives from the office of the Justice of the Peace in Antón, these are lands owned by the municipality, that the National Authority of Land Management (ANATI) gave to a private person. This land is the so-called "Punta de Farallón," nearly three acres of municipal land that could not be titled in the name of the municipality, because it was transferred to a corporation. The Municipality of Anton lodged a complaint with the Public Ministry calling for the return of the municipal land, and asking for an investigation in order to determine to whom, exactly, was the land granted, and under what concepts.

Rafael Sanchez, the representative of the area of Caballero de Antón, explained that the nearly three acres of land are the only ones owned by the Municipality that has beaches for public use, and if the government gives them to an individual, definitely there will be no public access to the beaches in Anton.

For her part, Claribel Jimenez, municipal consultant, said the Anton Municipality has launched a series of investigations on the land. "The Municipality of Anton has to defend those lands or property it considers to be its own and therefore, they are going to bring the actions needed to find out whether or not there were any irregularities in the process, then proceed to recover. If necessary we will go to the Supreme Court," she said. (Panama America)