By DON WINNER for Panama-Guide.com - With 40 votes in favor and 15 against, Panama's National Assembly approved a tax reform package this afternoon. This proposal was put forward by the Ministry of Economy and Finance, and it will now go to President Ricardo Martinelli for signature. All this week there has been heated discussion over this tax reform, with the government arguing that the new tax structure will force those with more money to pay more, while reducing the tax burden of those who make less. An increase in the ITBMS sales tax from 5% to 7% was included in this package.

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

The Democratic Revolutionary Party (PRD) presented this afternoon before the Supreme Court a complaint of unconstitutionality against the appointment of the replacement Attorney General, Giuseppe Bonissi. The demand of the opposition party establishes that Bonissi's appointment violated the precepts established in the Constitution of Panama. The President of the PRD party, Francisco Sanchez Cardenas, said this action was filed over the way Bonissi was appointed which violated the Constitution, because the figure of "Deputy Prosecutor" does not exist. "However, they used this action in violation of the Constitution and appointed a deputy," said Sanchez Cardenas according to a press release. (Source: La Prensa)

Editor's Comment: Considering the Supreme Court removed Ana Matilde Gomez from her position, I doubt this PRD complaint will get far.   

Panama's Attorney General Giuseppe Bonissi said today Ana Matilde Gomez should return the salary she received after being suspended from the position of Attorney General. Bonissi reacted after Gomez said yesterday that she has been getting paid even though she was suspended from the position on 28 January 2010. Bonissi told the local press that "if memory serves me, the payroll was closed on the 3rd or 4th day of the month," and therefore, Gomez was paid. He said there are more than 2,400 people on the payroll of the Public Ministry and that's why the payroll is closed on that date, he added. However, Bonissi said the paycheck in question corresponds to the first 15 days of February 2010. Therefore, Gomez should return the money that is not hers, he said. "She was paid in full, without the necessary corrections being made, he said, and he went on to say that the Public Ministry has sent a note to Gomez, explaining the situation to her and indicating how she should return the money. Gomez said on Monday that "once I was suspended they should have ordered the suspension of the payments, however, they have continued to pay me." She said she informed the Public Ministry of 12 February that she had received her paycheck. Ana Matilde Gomez was suspended from the position of Attorney General by the Supreme Court, thanks to an investigation taking place in the Office of Administration, over phone taps she ordered against former prosecutor Arquimedes Saez. (Source: La Prensa)   

By DON WINNER for Panama-Guide.com - This morning I spoke with Rigoberto Gónzalez, the former Secretary General of the Attorney General's Office in Panama. Rigoberto Gónzalez basically worked as the "right-hand man" for Ana Matilde Gomez while she was the Attorney General of Panama. He resigned after the Supreme Court decided to suspend Ana Matilde Gomez from her position as the Attorney General. I discussed the case with him, and it's obvious the administration of Ricardo Martinelli simply wanted Ana Matilde Gomez out of the way. Once Martinelli appointed two new magistrates to the Supreme Court in early January 2010 he had a majority on the court. They followed his lead and suspended her from office. The next thing they did was to give the "Prosecutor for the Administration" who had formed the charges against Ana Matilde Gomez basically unlimited time to conduct his investigation - he can take as long as he wants. According to Rigoberto Gónzalez, it's obvious to him that the desire and intent of the current administration is to just allow the case against Ana Matilde Gomez to fester for the next five years, until her term in office runs out. She was appointed to the position in 2005 by Martin Torrijos. Once her ten-year term in office is over, then the Supreme Court will allow the case to proceed. Gónzalez explained how technically the case rests on an element of interpretation - exactly who is the "judicial authority" authorized to conduct telephone wiretaps. He said they made the determination that in fact Ana Matilde Gomez had the authority to order the wiretaps, while the Supreme Court later disagreed. Anyway, an element of interpretation is not necessarily a criminal act. No matter, because after five more years have passed, according to Rigoberto Gónzalez, the Supreme Court will simply find Ana Matilde Gomez innocent of all charges, close the case, and that will be that. However, by then they would have achieved their true goal of having kept her out of the position and replacing her with a man of Martinelli's choosing, Giuseppe Bonissi. In short, they know exactly what's going on and why, and there's not a damn thing they can do about it. Game over.

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

Nearly two weeks after Giuseppe Bonissi took command of the Public Ministry, layoffs begin arriving in the form of resignations. A group of Public Ministry administrative officials considered by Bonissi to be "associates" of Ana Matilde Gomez, the former Attorney General - who was removed from her post by order of the Supreme Court - were forced to resign, according to testimony from those affected. Bonissi delegated the task of seeking their resignations to the former prosecutor from Chiriqui and the new Secretary General of the MP, Nedelka Diaz, they added. We attempted to obtain a reaction from Diaz on the assertions of former officials, but received no answer. For the moment 20 staff members will be replaced. The list includes directors, department heads, project coordinators, legal counsel, assistants and security personnel. Bonissi also revoked permission to study during working hours, and instructed prosecutors that they can not give interviews to the press without permission. (Source: La Prensa)   Click Here To Read The Full Article (1 words)

The government of Ricardo Martinelli intends to make some changes, so that any property seized by the Public Ministry will be passed to the control of the Ministry of Economy and Finance (MEF). The proposal was submitted to the National Assembly by the Minister of Government and Justice, Jose Raul Mulino, in a bill that seeks to amend Law Number 23 of 1986 on seized property. Under the proposal, the MP would inform the MEF when the property is perishable or if it might become damaged or deteriorate. Following an appraisal to property will be sold through a public auction. According to Minister Mulino right now there are many cars, yachts, houses and other properties that are deteriorating while the associated legal cases move forward, which could be used by the various institutions. When maintenance of movable or immovable property becomes onerous for the State, the MEF would be able to grant provisional administration or custody. Once the offender has been convicted, the money raised by the sale of the assets will be dispersed in the following manner - 30% will go to the National Commission for the Study and Prevention of Drug-Related Crimes (Conapred) and 70% will be used to strengthen the security forces which fall under the responsibility of the Ministry of Government and Justice, said the draft law. These funds will be regulated through control and management procedures established by the Comptroller General of the Republic. (Source: La Prensa)   

The Authority for Consumer Protection and Defense of Competition (ACODECO) inspected several restaurants in the city of Chitre, in the province of Herrera. The inspectors said they were seeking to ensure the safety of Panamanians who will be visiting this province to enjoy carnival. They added they seized 25 pound gas tanks from some hotels and restaurants. Similarly, ACODECO also inspected some other businesses, bakeries, restaurants, and pizzerias in the province of Veraguas an seized about thirty 25 pound gas tanks. Rolando Murgas, the Director of ACODECO in Veraguas, said they would apply the applicable fines which could go as high as $25,000 dollars. (Source: Panama America)

Editor's Comment: The Panamanian government establishes price controls on cooking fuel, and the smaller 25 pound propane gas tanks are subsidized and therefore cost less. Commercial operations such as restaurants and bakeries are expressly prohibited from using these small tanks. If they are found the authorities confiscate the tanks and fine the shop owners. This story has nothing to do with safety and everything to do with making sure the subsided gas is not abused.   

The president, Ricardo Martinelli, gave made an appeal to the new Attorney General, Giuseppe Bonissi, during a ceremony for 413 new police officers who graduated from the police academy yesterday. "I want to ask the Attorney General - don't let your hand tremble, no you nor the prosecutors nor the judges - in order to investigate and to bring justice independently," said the President, microphone in hand, from the main podium. Martinelli made the call, although he himself acknowledged during the ceremony it does not fall to the Executive branch of government to "administer justice." "Justice should not only apply to the sons of the cook while the (rich and powerful) walk away freely," he added. Bonissi - who now has been on the job for just a week - had a quick response. "I will be very hard, very hard," he said. This week, amid criticism he had appointed a close ally to be in charge of the Public Ministry, Martinelli said he just met Bonissi and he knows nothing about the new prosecutors. Yesterday, Bonissi also said he would institute a policy of not discussing in the press those cases being investigated in the Public Ministry. In regards to the investigation following the suspended Attorney General Ana Matilde Gomez, he said he did not know the status of the case. (Source: La Prensa)   

A request for an extension submitted by Nelson Rojas, the Prosecutor (in charge) of Administration to continue his investigation against the suspended Attorney General Ana Matilde Gomez was accepted by the Supreme Court. This morning the court issued a resolution granting the extension. However the Supreme Court did not establish a time period or limit within which the investigations are to be completed. Supreme Court judge Luis Mario Carrasco, acting as the replacement for Jerónimo Mejía, disagreed with the decision and said it might represent a violation of due process in the investigations being carried out against Ana Matilde Gomez. As part of this process the interrogation of Ana Matilde Gomez is still pending and will have to be accomplished eventually. On Monday Ana Matilde Gomez went to the offices of the Prosecutor of Administration and she was not questioned because the case file was at the Supreme Court. (Source: Telemetro)

Editor's Comment: Basically, the Supreme Court is sending a loud and clear message to Ana Matilde Gomez - get comfortable, because this thing isn't going forward any time soon. Nelson Rojas asked for an extension because all prosecutors have to work within legally mandated timelines to complete their investigations. If the time runs out then they have to go to the judge responsible for the case (in this case the Supreme Court because the accused is the Attorney General) and ask for more time to complete their investigations. Normally the judge or judges will respond with an extension and specific instructions. Like, make sure to gather this and that evidence, and you have six months or a year to complete your work. In this case the Supreme Court failed to specify a timeline, meaning that Rojas can just toss the file in the bottom drawer of this desk and forget about it until after the elections of May 2014. Game, set, match.    

Changes, rotations and resignations continue at the Public Ministry, after the arrival Attorney General Giuseppe Bonissi. One of the first changes was the entry of Nedelka Diaz, who replaces Rigoberto Gonzalez as the Secretary General of the Public Ministry. In her first public statement as the new Secretary General, Diaz sent a message of calm to the officials who work at the institution, saying "fear is not of God." (Source: Telemetro Reporta)   

The Panamanian Supreme Court might have violated the Treaty on Civil and Political Rights adopted by Panama through Law 14 of 1976 in their action to separate Ana Matilde Gomez from her position as the Attorney General of Panama, said Juan Antonio Tejada, a former Ombudsman and now one of Gomez's defense lawyers. According to Tejada, the treaty expressly enshrines the "right to a fair judge" and the right to submit effective petitions in order to preserve one's rights and liberties. Both rights, Tejada said, have been denied by Judge Wilfredo Saenz, who acted alone in his capacity as the rapporteur in the case against Gomez in rejecting the petitions filed by Gomez. With his unusually swift action Saenz prevented the petitions from reaching the full court. Tejada said that it is both "ironic" and "contradictory" that the Supreme Court in their ruling that orders the separation of Gomez from the position of Attorney General, cited Article 14 of Law 14 of 1976 of that international treaty. Consequently, the lawyer said Gomez would file a complaint with the Inter-American Court of Human Rights (IACHR). "This opens the possibility that we may use the international system to ensure the recognition of Gomez's fundamental guarantees of due process," said Tejada. The defense attorney also said that Gomez is preparing for the investigation ordered by the Supreme Court, as part of the complaint made by former prosecutor Arquimedes Saez. (Source: La Prensa)   

Not wasting time. Newly appointed Attorney General Giuseppe Bonissi reported to work today at the headquarters of the Public Ministry to begin the coordination of some of his first acts as the man in charge of the institution. Bonissi intends to take action immediately - among those being changes to the staff, audits, and basic needs. On RPC Radio Bonissi said in some cases he would accept the resignations of some of the prosecutors who have "made their positions available" and that others he would analyze. With regard to high profile cases, Bonissi said "that's an expression that does not exist in legal terms," however he said they would apply all speed as required by law. Nedelka Diaz, who replaced Rigoberto Gonzalez as the General Secretary, also reported to work on Saturday. Source: Telemetro Reporta)   

"It's a sad moment because I studied law and aspired to have by rights acknowledged," said Ana Matilde Gomez who was suspended from the position of Panama's Attorney General today, Friday, 5 February 2010. "From day one my rights have been violated," Gomez told reporters who were waiting outside of the Attorney General's office across the street from the Parque Porras. "I'm not destroyed," said Gomez, who, along with officials from the Public Ministry - walked out the front door of the institution. Outside, a white Lexus was waiting for her. Deception - "I regret that the nine judges of the [Supreme Court] have not spoken out," Gomez said, referring to the resources of reconsideration she filed to stop the suspension from office. Because, she said, "the law is on my side and I have not committed any crime." But she added that "history has its own destiny for each individual." Thus, Gomez said: More than the hope of returning to the position of Attorney General, what remains now is "the hope than justice will prevail." (Source: La Prensa)

Editor's Comment: Good. That drama is finally over. Now, can we please get back to the serious business of tossing corrupt PRD politicians in jail? I mean, that's what all of this crap has really been about, anyway. Ana Matilde Gomez was simply not doing her job. The whole thing about the cell-tap was just an excuse to toss her out. If it wasn't for that, they would have found another reason. And today Ricardo Martinelli takes one more step towards world domination - except in his case I think he's BOTH Pinky and the Brain. And if you don't get the reference then you're too old...

   

Faced with the imminent suspension from office of Attorney General Ana Matilde Gomez, prosecutors and administrative officers of the Public Ministry (MP) decided to resign their positions or to make them available to be decided by her replacement, Giuseppe Bonissi, according to sources from this institution and some of the protagonists themselves. Among those who have resigned are the Superior Prosecutors James Bernard and Eduardo Guevara. Both confirmed their decisions to La Prensa. Guevara the Fourth Superior Prosecutor and the Prosecutor for Intellectual Property, respectively. The suspension of Gomez also had an effect on the staff. Kenya Purcell, Deputy Secretary General of the Public Ministry, said she will resign. On Wednesday, the General Secretary Rigoberto Gonzalez said he was going to resign as well in support of Gomez. Gioconda Emiliani, Secretary of Communications and Juan Herrera, head of security, do not rule out doing the same, according to a source. Meanwhile, Auxiliary Prosecutor Luis Martinez, who was appointed by Gomez as the "caretaker" of her office pending the outcome of investigations against her, said he would wait to see how the situation develops in the MP to make a decision on his future. A source said, what's more, that Gonzalez said that Giovany Olmos - who Gomez dismissed as the Environmental Prosecutor - would replace him as secretary-general. Moreover, the new Replacement Attorney General Giuseppe Bonissi said yesterday that former Attorney General Jorge Ramón Valdés will be his adviser. Not surprisingly, the Assembly ratified Giuseppe Bonissi.

With a quick vote the Deputies of the National Assembly confirmed Giuseppe Amadeo Bonissi as the Replacement Attorney General of the Nation, despite warnings that it would be a violation of the Constitution, made by opposition PRD lawmakers, independent lawyers, and sectors of the civil society. During the full session a few lawmakers from the Panameñista political party were conspicuously absent, such as José Blandón, José Luis Varela and Alcibiades Vásquez. When the president of the debate, Noriel Salerno, announced that he would vote, PRD lawmaker asked to speak. Salerno refused, saying that he was not on the list. Avila ran to the front of the floor shouting "Abuse! Abuse! Abuse!" but the official vote taker had already declared the ratification of the one designated by President Ricardo Martinelli.   

By DON WINNER for Panama-Guide.com - Right now, at 6:00 pm on Thursday evening, 4 February 2010, the Credentials Committee of the National Assembly has approved the designation of Giuseppe Bonissi as the Replacement Attorney General of the Republic, as nominated by President Ricardo Martinelli together with the Cabinet Council. Now, his designation will be passed to the full body of the National Assembly for a vote. It is expected that this vote will take place this evening. At the end of the work day Ana Matilde Gomez departed the offices of the Public Ministry where she continues to serve as the Attorney General. Originally the Supreme Court said Gomez was to be officially notified of their decision to remove Gomez from her position today. However, I think that they are holding off until the National Assembly finishes with the formality of approving Giuseppe Bonissi, and once that's done then most likely the Supreme Court will proceed with the official and formal notification of Ana Matilde Gomez, effectively removing her from the position. All of this has turned into a feeding frenzy for the Panamanian press, and importantly about a dozen prosecutors and staff members loyal to Ana Matilde Gomez are expected to resign once she is officially removed from office. And notice - Ricardo Martinelli never surfaced anywhere today.

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

On Tuesday afternoon the Cabinet Council approved amendments to articles of Law 69 of 27 December 2007 which created the Directorate of Judicial Investigation (DIJ) in the National Police, the departments of Criminology Services and the Institute of Legal Medicine and Forensic Sciences. The reform allows for the use of a criminal record that, at present, is only required for a work permit, as part of the concrete actions set in motion by the current administration which seeks to offer greater security to the population. The initiative, which will now be passed to the National Assembly for approval and adoption, seeks to remove limits to access and application of the information recorded in the Personal Identification files - known as the "Police Record" - for certain services in the application for employment. The proposal makes is clear that if there is no evidence of a punishable in the Personal Identification file of the DIJ then than should be established in the certificate issued. The struggle for security of the business sector is that they receive job applications on a daily basis and often they become the victims of crime, because often they don't know the real criminal history of the person and they give them a job, and often times they are granted access to confidential information which they then use to commit crimes, as one of the reasons behind this proposal to reform the law and to reactivate the criminal record. The Cabinet Council adopted a resolution authorizing the Minister of Government and Justice to propose to the reform to the National Assembly. (Source: TVN Noticias)   

The Credentials Committee of the National Assembly will meet this morning to discuss the ratification of Giuseppe Bonissi as the Replacement Attorney General. Bonissi visited some of the lawmakers yesterday and spoke with members of the commission, carrying documents required to comply with the formality of the process. Meanwhile, Rep. Mario Miller, the Chairman of the Credentials Committee, said they would review the documents submitted by Bonissi to ensure they are in order and after that step his nomination will be forwarded to the full Assembly. It is unknown whether there will be an open consultation period, in which anyone can present their opinions either in favor or opposed to the designation of Bonissi, but Miller said not time period has been established for the public to come forward to make this type of expression, as is customary in the descriptions of other officials such as appointments of judges to the Supreme Court and the Comptroller General. (Source: La Estrella)

Editor's Comment: The National Assembly will approve Bonissi's appointment today, before Ana Matilde Gomez is formally and officially notified of the Supreme Court's decision to remove her from office. The moment she is notified, then Bonissi will immediately assume the position as the Attorney General. I suspect there will be some kind of a ceremony this afternoon either at the Public Ministry or the Presidency.    

Giuseppe Bonissi, who has been appointed by the Executive Branch of government in Panama as the "Replacement Attorney General of the Nation" went to the National Assembly this afternoon. Bonissi is meeting with the President of the National Assembly, José Luis Varela, and this is expected to appear before the Credentials Committee, which must approve his appointment. The discussion will continue later before the full Assembly, where members from both the government and opposition parties will debate and vote to confirm his nomination. The Cabinet Council voted last night to appoint Bonissi, who is 47 years old, to replace Ana Matilde Gomez as the Attorney General of Panama. Last Thursday, 28 January 2010, the Supreme Court of Justice confirmed they had decided to removed Ana Matilde Gomez from office. However Gomez says she is still the Attorney General and that she has not been notified of this decision. (Source: La Prensa)

Editor's Comment: Ana Matilde Gomez will be formally notified and separated from her position tomorrow. The National Assembly will have ratified Bonissi by then.   

The meeting between President Ricardo Martinelli and the lawmakers ended at noon. Jose Luis Varela, the President of the National Assembly, said during the meeting they discussed the establishment of a new Ministry of Public Security, a project (proposal) that should be sent to the National Assembly in the coming days. They also discussed the lowering of the age of juvenile offenders (to begin to treat juvenile offenders as adults) as a step forward to address the high levels of national insecurity and street crime. Varela said he that today the Cabinet Council would discuss the issue of creation of the Ministry of Public Security. "If they pass it - it will be sent to the National Assembly during this week," he said. Varela did not confirm whether they touched upon the issue of the appointment of a new Attorney General, or the scandalous Social Investment Fund (FIS), however Deputy Carlos Afú indicated that the Comptroller is making progress with the audit. José Muñoz, one of the lawmakers mentioned in the report issued by López Consultores said he showed them all of the books of his foundation to be reviewed, and he hoped that the investigations being carried out by the Comptroller will be conducted by professionals and not "improvised" - which seem to work better for the press. (Source: La Estrella)   

Giuseppe Bonissi, who is poised to be designated today by the Cabinet Council as the replacement for Ana Matilde Gomez as Panama's Attorney General, was investigated in 2001 after his wife filed a complaint for domestic violence. On 8 October 2001, the First Family Prosecutor's Office opened an investigation for alleged offenses against family law and marital status (domestic violence). Ana Elizabeth González Concepción, the former spouse of Bonissi, was the complainant. She currently works as an official in Panama's Supreme Court in the office of Judge Alberto Cigarruista. In this process, through the Prosecutor's Opinion Number 288 of 16 May 2002, the First Family Prosecutor's Office called Bonissi to trial for the crime of domestic violence. On 2 October 2002 a provisional stay was issued in favor of Bonissi. The case record is filed in the First Circuit Court. Despite numerous attempts by La Prensa to contact Bonissi, he did not return the calls. Women's right's activist and former lawmaker Teresita Yániz de Arias said it is "unacceptable for people who have been accused or investigated for domestic violence to hold posts in institutions that are guardians of human rights." Others who defend the rights of women expressed the same sentiment. Yesterday, the President reiterated in a statement that the appointment of Bonissi will be formalized today. (Source: La Prensa)

Editor's Comment: In this case the judge in the First Circuit Court decided there was not enough evidence to proceed against Giuseppe Bonissi so the case was provisionally filed away. This is what typically happens with a wife gets "pissed" for some reason - maybe she caught him cheating or something - so she files a case against him to get revenge. Maybe they had a heated argument and she filed charges. Who knows, maybe he actually did hit her. What matters is - an accusation is not the same as a criminal conviction for domestic violence. Chances are as the case went forward for whatever reason the wife decided to not pursue or follow up on her original complaint. She might have been really pissed for whatever reason - mad enough to file a complaint against him and open an official case. The DIJ will look into it, gather the preliminary evidence, and forward the case to a prosecutor. This can take as much as two months. Once the file gets to the prosecutor's office, the first thing they do is call the person who filed the original complaint back in to make an expanded statement that will be used in court. They will also call any other witnesses - in a domestic violence case like this one that could be a maid or a neighbor or other witness, for instance.

However, if the wife has "cooled off" then she simply does not respond to the citations being issued by the prosecutor. They will send three or four citations for her to appear before the prosecutors office to render an expanded declaration as the victim. Many times the victims simply decide they don't want to respond to those citations for whatever reason. If that happens then the message to the prosecutor is clear - if the victim doesn't care enough to go in to make an expanded declaration, then there's no real need for him to continue to try to prosecute the case. If the "victim" doesn't care, why should he?

However, once a criminal process has been opened, the only person who can close the case is a judge. The file eventually goes before the judge who, usually acting on a recommendation from the prosecutor, closes the case. In this article it says " In this process, through the Prosecutor's Opinion Number 288 of 16 May 2002, the First Family Prosecutor's Office called Bonissi to trial for the crime of domestic violence." That's technically correct, but it also is written in such a way as to make things look as bad as possible for Bonissi. Once the file is on the prosecutor's desk, he has to take it to a court just to clear it off of his docket. Once the case got to court the judge decided it should be "provisionally closed" - meaning that it could be reopened in the future if more evidence comes to light. This is what judges typically do when they lack evidence for whatever reason. Either the prosecutor has failed to do their job, or more likely, the person filing the original complaint never came back to follow up. This kind of evolution happens thousands of times a year in Panamanian criminal cases. Someone made a complaint, the complaint went nowhere (for whatever reason) and the case was closed. End of story.

Now, with all of that having been said, do you think this person should not be allowed to assume the position as the replacement Attorney General for Ana Matilde Gomez because of this case? I mean, the only reason anyone is talking about it is because he's been nominated to replace her. In my humble opinion, without having seen the file and knowing absolutely nothing about the details of the event beyond the bare bones facts which have appeared in the press, I don't think this cycle of charge and complaint filed away should prevent him from taking the position. If he was convicted of a crime then that would be a different story. If there was more than one incident, then that would be a different story. On the other hand, if I was in Martinelli's shoes it wouldn't take much additional information to reach a tipping point to say "let's find someone else."   Click Here To Read The Full Article (1 words)

Panama's Minister of Economy and Finance (MEF) Alberto Vallarino said today on the morning television news broadcast that the meeting of the Cabinet Council scheduled for tomorrow, Tuesday 2 February 2010, will be very busy because they have a series of sensitive issues to discuss. Vallarino said among these issues are the designation of the person to replace Ana Matilde Gomez as the Attorney General, the creation of a new Ministry of Public Security, and tax reforms. Vallarino said these three issues are on the schedule to be discussed during the meeting of the Cabinet Council tomorrow, so they are expected to be resolved that day. (Source: La Estrella)

Editor's Comment: Ricardo Martinelli's "Cabinet Council" holds regularly scheduled meetings every Tuesday. Comprised of the President, Vice President, and Martinelli's closest advisors and Ministers, they basically speak as the one voice of the Executive Branch of government. Most of the most important actions taken by the government originate in these meetings, things like the annual budget, nominations for Supreme Court judges, or proposals for new laws that are drafted and forwarded to the National Assembly for debate and vote.   

Panama's Attorney General, Ana Matilde Gomez, could go to international courts of justice to denounce the process that, after the Supreme Court's decision, would separate her from office over a complaint lodged against her for alleged abuse of authority. This potential strategy was reported yesterday by Eduardo Ulloa, one of the lawyers working on legal Gomez's defense in the case against her after the complain filed in September 2009 by former prosecutor Arquímedes Sáez. Ulloa said that for now they will have to wait to see the final version of the Supreme Court decision which will be issued on Thursday, 4 February 2010, to define the best legal strategy to follow. Ulloa added that the Supreme Court only ruled on the interim measures ordered against Gomez, and not on the challenge Gomez filed in this case against the primary judge responsible for the case, Wilfredo Saenz. Meanwhile, Alfredo Prieto, head of communications for the presidency, said that on Tuesday the president, Ricardo Martinelli, and his Cabinet will discuss the appointment of Giussepe Bonissi as the replacement for Ana Matilde Gomez. (Source: La Prensa)   

Because security is an issue of great importance, in the next meeting of the Cabinet Council we will discuss the proposal for the creation of a Minister of Public Security," said the Minister of the Presidency, Demetrio "Jimmy" Papadimitriu. Papadimitriu considers it necessary that this new entity take exclusive responsibility for National Security which requires new equipment, and that Panama can not simply wait for other countries to donate airplanes and boats. "The President, Ricardo Martinelli, promised to give the Panamanian people safe streets and we must comply; which is why we will buy our own equipment and not be at the mercy of what other nations might donate to us," he said. He clarified that with regards to the desiganción Giuseppe Bonissi as the Replacement for the Attorney General of the Nation, Ana Matilde Gomez, the President made the designation from the town of Davos in Switzerland, where Martinelli and Vice President Juan Carlos Varela are participating the World Economic Forum 2010. (Source: La Estrella)

Editor's Comment: New equipment? Like maybe some Heron Unmanned Aerial Vehicles from Israel Aerospace Industries (IAI) for example? Those would be cool...   

Panama's Supreme Court of Justice authorized the President, Ricardo Martinelli, to "appoint a Special Replacement Attorney General" in the decision that separates Ana Matilde Gomez from her position, effective 4 February 2010. The Panama America had access to the Court ruling, which states that "in dealing with a crime of a serious nature, duly verified with the Order of 17 August 2005 ... We grant the request and communicate to the nominating authority, that is to say, to the President of the Republic that, together with the Cabinet Council, to designate a Replacement Attorney General during the process." The ruling states that because Ana Matilde Gomez is being separated from her position as the Attorney General, she "loses the functional competence to appoint a deputy," thus implementing Article 200, Number 2, of the Constitution. In this way, the full court "admitted" the petition of the Prosecutor of Administration, Nelson Rojas, against Gomez, establishing a prohibition against her leaving the country without court approval and the suspension from her position as the Attorney General until the end of the process against her. Has he been designated or will he be designated? Following the decision of the Court, the Government clarified yesterday that Giuseppe Bonissi will be "designated" and that it will fall to the Cabinet Council to agree on his "appointment."

However, this version contradicts a statement from the presidency, issued last Thursday, which reported that following the decision of the Court, "the National Government announced its decision to appoint as the Replacement Attorney General Giuseppe Bonissi Bachelor, a leading member of national forum." The Government insisted yesterday that Article 200 of the Constitution states that it is the function of the Cabinet Council to "agree" with the President on the appointment of judges to the Supreme Court, the Attorney General, and the Prosecutor of Administration, as well as their alternates, with the approval of the National Assembly. "The reading of the cited rule leaves no room for interpretation", says the statement, so it will meet to formalize the appointment of Bonissi, which must be ratified by the Assembly.

It was also noted that there are "inaccuracies" in the interpretation of former article, in relation to Article 224 of the Constitution, because the latter indicates that the Attorney General "may, because of temporary absence, appoint an Attorney General In-Charge." It also states that the Assembly must approve the appointment of Bonissi so that "he can appoint a replacement for his position in his absence, be they temporary or not." However, the note specifies that "until the separation from her position is formalized, decided by the Supreme Court and announced by Gomez, she is the only Attorney General of the Nation."

It warns that "if the process of the appointment of the Replacement Attorney General has not concluded before the announcement or formalization of the separation of Ana Matilde Gomez, the Replacement Attorney General can only assume the position after the completion of the formalities as defined by the Constitution for the appointment of the Attorney General; once the process of his appointment has been formalized, then he should assume the position."

The note also mentions that Martinelli, together with his Ministers, could realize in the first session of the Cabinet Council, which will be held in the Garzas de Pacora, the designation of Bonissi. Currently Bonissi is the deputy director on the Board of Directors of the Caja de Ahorros, after being appointed and ratified by the Executive and Assembly, respectively. (Source: Panama America)   

The Secretary General of the Attorney General's Office, Rigoberto Gonzalez, said he is waiting to see the Supreme Court decision, which will determine who should appoint the new temporary Attorney General. He made his statements after Panama's Attorney General Ana Matilde Gomez said yesterday she would appoint the Auxiliary Prosecutor Luis Martinez as her temporary replacement, while she fights her legal battles. However, the Office of the President announced last night that Bonissi Giuseppe would be appointed as the replacement for Gomez. However, Gonzalez told the press that they insist that Martinez should replace Gomez. Meanwhile, a group of about 50 people protested outside of the headquarters of the Public Ministry to demand the immediate departure of Gomez from her position. (Source: La Prensa)   

By DON WINNER for Panama-Guide.com - Yesterday afternoon Panama erupted into what could turn into a significant Constitutional crisis. The Supreme Court voted 5-4 to suspend Attorney General Ana Matilde Gomez from her position. First of all, the Supreme Court simply issued a press release indicating the decision has been made and the votes cast. What remains is the actual publication and formalization of their decision, which will occur next week on Thursday, 4 February 2010. Once Ana Matilde Gomez is formally notified of that decision (she will have to sign the document) then at that moment she is no longer the Attorney General of Panama. Yesterday afternoon shortly after she learned of the decision, she announced that she would appoint Panama's Auxiliary Prosecutor Luis Martinez as a temporary replacement. At practically the same time Ricardo Martinelli's staff announced the president had selected Giussepe Bonissi to replace Ana Matilde Gomez as the new Attorney General. These dueling appointments create a Constitutional conflict - who has legal right and authority to designate a replacement for Ana Matilde Gomez in this situation? (more)   Click Here To Read The Full Article (1,799 words)

First President Ricardo Martinelli sought to control television programming, now the Deputies of Panama's National Assembly want to activate the Censorship Board. Members of the Commission on Population of the National Assembly issued resolution No. 01 dated 27 January 2010 that will be taken to the full Assembly. The document, sponsored by ruling party member Dalia Bernal, asks the Ministry of Social Development (MIDES) to activate the Censorship Board, responsible for the oversight of the 1999 Agreement on the Self Regulation of the Media. With the document, they seek to establish that the television channels establish schedules that are not accessible to minors to broadcast soap operas and programs with lots of violence, sex, and alcohol. Ricardo Lombana of the Ethics Committee of the National Council of Journalism, said on TVN News just the intention of activating a censorship board is dangerous, and this can be interpreted as the beginning of an intention to create new laws. The full Assembly would have to approve the resolution which would then be sent to the media and the MIDES. The proposal is sponsored Rony Araúz, Jorge Dutary and the Panameñista Jorge Iván Arrocha. (Source: El Siglo)

Editor's Comment: This is a really, really bad idea. Obviously the surge of violent crime in Panama is not the media's fault. The government should focus on doing their jobs and arresting the criminals, rather than trying to muzzle the messenger. The soap operas are no more violent than the morning cartoons. This "plan" is so full of holes it's not funny. What about Cable? Are you going to censor them as well? Radio? Websites? Can we still print those sexy photos of hot chicks on the back page of El Siglo? Will I have to submit my *censormode*ing articles to those assholes on the *censormode*ing censorship board for *censormode*ing approval before I can *censormode*ing publish the *censormode*ing things? Want to see a photo of my pecker? Go arrest the bad guys. It's that simple. Leave us alone. We're fine, but thanks for asking. And by the way - blow me. "Beep Beep""   

By majority vote, the Justices of Panama's Supreme Court have decided to suspend the Attorney General, Ana Matilde Gomez, from office. Those voting to suspend Gomez were justices Wilfredo Sáez, Alberto Cigarruista, Alejandro Moncada Luna, Winston Spadafora and Aníbal Salas. Those voting against were justices Harley Mitchell, Jerónimo Mejía, Oyden Ortega and Víctor Benavides. The request to suspend Gomez from her position was made by the Prosecutor of Administration, which also bars her from leaving the country, as part of the investigation against her for the alleged abuse of power in the case involving former prosecutor Arquimedes Sáez. Lawyers representing Gomez said they would not make a statement until after the Attorney General does, considering that she will not be officially notified until 4 February 2010 once the magistrates of the Supreme Court have published their decision. Some attorneys indicated to TVN News that a request for reconsideration could be put before the court, but this would not suspend the first decision. (Source: TVN Noticias)

Editor's Comment: In case you didn't notice, the vote went straight down party lines. All Supreme Court justices appointed to the bench by either Mireya Moscoso or Ricardo Martinelli voted to suspend Ana Matilde Gomez, while those appointed by the PRD's Martin Torrijos voted against. And did you notice the timing? Ricardo Martinelli is currently in Europe. All the better to say "who, me?"    

More than ten civic organizations denounced yesterday what they consider to be an "institutional crisis" over the excess of presidential power. They noted the investigation being conducted into allegations and charges against Attorney General Ana Matilde Gomez, saying "we perceive a totally politicized environment, and a fragile situation of the perceived independence of the judiciary." (Source: Panama America)

Editor's Comment: It's funny to me how people still think president Ricardo Martinelli is behind the efforts to remove Ana Matilde Gomez from her position. I think he was leaning that way in November and December, but once she "came on board" with the whole concept of going after Ernesto Perez Balladares, then the whole thing turned around, and now it's apparently the PRD that's trying to have her removed. The Supreme Court has yet to rule, but I'll be somewhat surprised if they decide to force her to step down over this wiretapping case.