La Critica - Although the director of the Penitentiary System, Luis Gordón warned that this week the former general manager of the Banco Nacional de Panama, Rafael Arosemena, could return to the El Renacer prison, his lawyers presented a request for Habeas Corpus before the Panamanian Supreme Court of Justice. Gordón said based on the opinion issued by the Institute of Legal Medicine, the Technical Board of the Penitentiary System decided to revoke the house arrest provision granted 13 months ago to the 75 year-old banker. Arosemena's lawyers can appeal the decision to the Minister of Government and Justice Daniel Delgado Diamante. The request for Habeas Corpus in favor of Arosemena will go before the President of the Supreme Court, Harley James Mitchell. The banker has eight convictions for fraud in cases involving a total of more than $14 million dollars. Rafael Arosemena remained in hiding in Mexico for 16 years, but returned to Panama in December of 2006.

By Alex Leff for the Tico Times - Smoking cigarettes in offices, bars, restaurants and nightclubs is against the law in Panama after a smoking ban took effect last week – and residents say it's working. “You could tell the difference immediately,” says Mario Fonseca, a lawyer in Panama City. Fonseca says he's not a smoker, but lights up a cigarette occasionally. “All my friends are happy, smokers and non-smokers,” he said. “It's a complete change – beautiful!” The law prohibits people from lighting up in indoor spaces that also include transport terminals and many other locales considered a workplace. The ban goes further than a prior clampdown measure, the March 2005 Executive Decree 17, under which venues in the hospitality sector created separate sections for smokers. Now they have to go entirely smoke free. (more)

By Jessica Tasón for La Critica - The Association of Administrators of Games of Chance (ASAJA) interposed legal resources (filed a lawsuit) before the Supreme Court of Justice, over the issuance of a license to operate a casino given to the Four Points Hotel because it goes against what is stipulated in the law governing the industry. The President of ASAJA, Antonio Alfaro, said the granting of this license goes against the articles of Decree Law Number 2 of 10 February 1998 which regulates the gaming industry, an act which could create a negative precedent that in no way would benefit the country. "In addition this hotel has only 126 rooms and not the 300 as required, nor is it a 5-star hotel as demanded in the law," he added. (more)

The legal battle between singers Willie Colón and Rubén Blades shows no sign of a truce, after a judge in Puerto Rico this week dismissed a motion submitted by the Panamanian artist to have the case thrown out. The civil trial will be in October and Blades said he will file a counter-suit as soon as the first case finishes. Colón alleges Blades owes him $115,000 for the "Siembra" concert held in 2003.

La Critica - The hearing scheduled to take place against the leader of the "Sindicato Único de Trabajadores de la Construcción y Similares" (SUNTRACS) (Unique Union of Construction and Similar Workers), Saúl Méndez, was suspended because he did not show up for the hearing scheduled for today, Wednesday 23 April 2008. The judge in the case, Ileana Turner, made the decision when SUNTRACS lawyer Rafael Rodriguez presented a medical certificate to explain the absence of Méndez. The appearance of the union leader, which was to take place in the Maritime Tribunal in Balboa, will be reprogrammed for a later date. Méndez is accused of committing crimes "against the collective security" for supposedly providing a firearm to a person and paying him $500 dollars with instructions to infiltrate the SUNTRACS march held in August 2007.

By DON WINNER for Panama-Guide.com - Judge Ricardo Mazza Moreno of the Second Criminal Circuit Court in La Chorrera today provisionally absolved Rodolfo Espino Durán, the uncle of Panamanian President Martin Torrijos, of ecological crimes in the area of Punta Chame. The judge issued his decision today after having heard arguments in a preliminary hearing held yesterday. Judge Mazza decided that, in addition to dropping the complaint filed by plaintiff Fernando Fontane, "(the government) has not demonstrated that Rodolfo Espino Durán has committed a crime against the environment, because it has not been proven in a convincing manner ("manera fehaciente") that irreversible damage to the ecosystem exists, a sine qua non (indispensable or essential condition or ingredient) requisite for the configuration of an infraction of the criminal letter on crimes against the environment."

By Rafael Berrocal for La Prensa - Three ex-administrators of the now defunct Inter Oceanic Region Authority (ARI) agree that the government should renegotiate contracts with the thirteen companies that have concessions on the former Fort Amador and the Causeway who, combined, owe more than $18 million dollars in unpaid rent and fees. The high degree of default has been caused by a lack of "administrative responsibility" on the part of public authorities according to Alfredo Arias, who ran the ARI from 1999 to 2004 (under the administration of Mireya Moscoso.) He says the contracts must be renegotiated without worsening the position of the state, but also things the decision must be discussed with the businessmen in the area. Nicholas Ardito Barletta, the first administrator of the ARI (1994-1999), the contracts should be honored by both parts, otherwise it is necessary to take actions, and suggested the government either negotiate with businessmen to establish mutually satisfactory terms of payment or to process them for contract violation. "The contracts signed during my administration, for the most part, are being fulfilled" said Ardito Barletta. "There are others, later, that are not being fulfilled." The form and conditions in which the contracts were done make it difficult to administer them, said Julio Ross, who was the last administrator of the ARI and who is now in charge of the Administrative Unit of Reverted Properties. "If I could, I would set a match to all of the concession contracts on Fort Amador and the Causeway," he said.

By José Quintero De León for La Prensa - After a two year delay pensioners are closer to obtaining new discounts that will serve to make their pensions more substantial. Last night the National Assembly approved in second debate Bill Number 189 to modify Law 6 of 1987, the basic law giving benefits to retirees and pensioners. With this proposal retirees and pensioners would receive a 20% discount on their medical prescriptions, 20% discount on trash and garbage removal services, a 100% exoneration on the certification and inscription of societies (or clubs) of retirees in the Public Registry, as well as a 20% discount on the purchase of coffins, urns, and funeral services.

By Elio Núñez for El Siglo - Panama's Minister of Government and Justice Daniel Delgado Diamante said yesterday there are more than two thousand illegal firearms on the streets of Panama, a product of thefts from cars, houses, and security companies. Delgado Diamante said the law he proposed before the National Assembly looks to stop the proliferation because most of those illegal firearms started off in the hands of legally licensed owners but today are in the hands of criminals. "The idea is to fight it - the law regulates the legality of the guns and controls the importation of firearms as well as the operation of those controls, to reduce the possibility of their ingression to the country, and to allow for important customs controls," he said. The law also establishes a scanner system that will allow for the scanning of cargo containers entering the country to improve the detection of illegal firearms. The problem in Panama, according to Delgado Diamante, is the movement of drugs and weapons which is why they are looking to take additional measures to fight against this trafficking and part of that has to do with the proposed law; which has to do with the instruments and the tools of the National Government to be able to combat weapons trafficking and limiting those who can carry weapons. "Here there are very many arms that are stolen and the owner of the weapon had not even reported the weapon as having been stolen," he said. (Join the discussion on this topic in our Forums)

By Juan Manuel Díaz C. for the Panama America - A complaint alleging hidden assets worth $200,000 involving the hotel Playa Bonita Resort was presented yesterday before the Public Ministry by lawyer Guillermo Cochez. He says in his complaint the public government auction held by the ARI awarding the concession to build a hotel to the Paradise Beach Corporation was declared illegal by the Panamanian Supreme Court. He also says damages to the patrimony of the State exist because they have used the land illegally and have obtained benefits from that use. In his complaint Cochez also requests the eviction of the occupants of the hotel because they are occupying the hotel illegally. (Discuss this issue in our Forums)

Panama America - Panama's Minister of Government and Justice Daniel Delgado Diamante presented a new bill proposing changes to the law regulating the private possession and ownership of firearms to the National Assembly. The proposed law contemplates the establishment of strict controls for the distribution of firearms as well as a series of regulations for the sales of fireworks. The National Assembly will now discuss and contemplate the bill in the first of three debates on the subject. This proposal is part of the government's strategy to improve security in the country. (Join the discussion on this subject in the Forum)

By José Otero for La Prensa - Panamanian Supreme Court President Mag. Harley Mitchell has ordered internal audits to review the performance of judges responsible for slowly progressing cases, and has ordered formal investigations of thirty employees of the Panamanian judicial system. He announced these investigations himself, saying he is waging a campaign to fight judicial corruption. Mitchell said he has received complaints from people who feel affected by the supposedly irregular performance judicial employees. Mitchell did not specify if the complaints were directed towards administrative personnel, judges, or magistrates and simply saying they are directed towards employees of the judicial branch. Mitchell said he ordered the investigation of these complaints because as the President of the Supreme Court he can not remain indifferent before these situations. The "Room Fourth" of General Business, responsible for overseeing the performance of judicial employees, as well as his office will be watchful for acts of corruption. Mitchell also said the recently installed Ethics Commission will be made aware of these cases. (Photo Credit: La Prensa/Carlos Lemos)

If you remember back to the first week of November 2006 there was a headline in the Panamanian news that a company from the United States was caught trying to import diamonds to Panama illegally, in a DHL Courier pouch, claiming that they were "only documents" with "no commercial value." The story drew my attention because there were gringos involved and I started looking into the story. Within a couple of days I learned that there is a very good chance that these guys are involved in a complex and complicated scam which amounts to a huge ponzi scheme, using the Internet and international jurisdictions to evade detection and prosecution. There are websites related to Udachu in Russian, Polish, German, and English. The websites directed at the English speaking market are looking for the big fish, while those in Eastern Europe sell the same promised of huge returns but only require a minimum "investment" of $50 or $100 dollars. (more)

By DON WINNER for Panama-Guide.com - This afternoon the President of the Panamanian Supreme Court, Chief Justice Harley Mitchell, spoke on camera about the widespread perception of corruption in the Panamanian judicial system, and particularly about the perception held outside of Panama among the members of the international and expatriate community. Mitchell says they are taking specific actions to address the issue to include the formation of a committee of judges, ethics training, and efforts to increase transparency. (more)

By DON WINNER for Panama-Guide.com - "Justice delayed is justice denied." (William E. Gladstone.) This morning Panama took a step towards breaking a stifling backlog and bottleneck of criminal cases, specifically those cases in which suspects are being held in prison without having been tried or sentenced before a judge. Currently 11,369 prisoners are being housed in jails with only 7,091 beds - reflecting serious overcrowding in Panamanian jails. Of those only 38% have been convicted while 62% are "in process." Today the President of Panama's Supreme Court, Chief Justice Harley Mitchell announced the implementation of a plan to use supplemental or additional judges to break this judicial bottleneck. (more) (Photo Credit: Don Winner for Panama-Guide)

By Juan Manuel Díaz C. for the Panama America - Panama's Eleventh Criminal Court called lawyer Juan David Morgan to trial for the crime of "calumnia y injuria" (slander and defamation) in damage to Maritime Judge Calixto Malcom. In her decision judge María Luisa Vigil de Laneado determined the case files against Morgan for this crime meet the requirements to open a criminal process. The judge established 13 October 2008 as the date for the hearing. Maritime Judge Calixto Malcom presented two complaints for slander and defamation against lawyer Juan David Morgan after a series of publications appeared in the months of January and September of 2005, in which Morgan supposedly he made injurious allegations against him.

By Virgilio De León for La Prensa - "We are sorry about the consequences that have occurred, but the Judicial Branch exists to make decisions in accordance to law," said yesterday Panamanian Supreme Court President Harley Mitchell, in talking about the recent decision by the Third Room. The court recently declared null and void, based on the fact it was illegal, a resolution issued by the (now defunct) Inter Oceanic Region Authority (AIR) granting a concession to the Paradise Beach Corporation to build a hotel on Kobbe Beach where Herman Bern build the Playa Bonita Intercontinental Resort and Spa. Mitchell said the important thing is to determine if the decisions are handed down in accordance with existing law and the constitution.

La Critica - The law firm of Cochez - Martinez and Associates requested Panama's Ministry of Economy and Finance to award to a company owned by Ahmad Waked the 24 hectares of land in the area of Kobbe Beach where the Playa Bonita Hotel has been constructed. The request comes on the heels of a Supreme Court decision which nullified an April 2003 ARI resolution granting Herman Bern's Paradise Beach Corporation the concession to develop the lands at issue, in damage to a company called Desarrollo Urbanístico del Atlántico who has retained Cochez - Martinez as their lawyers. (more)

By DON WINNER for Panama-Guide.com - Last night the US Ambassador to Panama William Eaton held a reception at his residence on the eve of the inauguration of Expocomer 2008 with Panamanian, regional, and international business leaders. While covering the event I talked to Glen Champion, the Vice President of Bern Hotels & Resorts Panama, and had the chance to talk to him about the recent decision by the Panamanian Supreme Court to nullify the 2003 ARI resolution granting them a concession to build and operate a hotel on Kobbe Beach, now known as Playa Bonita. (more)

By Florencio Gálvez for La Critica - Panama's 11th Criminal Court sentenced lawyer and union leader Rosa Elena Pérez to 32 months in prison for calumna y injuria (calumny and insult) against fellow lawyer Candelario Santana Vásquez. The incident occurred on 13 September 2007.

By Rafael Pérez G. Raúl Bernal for La Prensa - The Third Room of the Panamanian Supreme Court recently decided to nullify a resolution issued by the now defunct Inter Oceanic Region Authority (ARI) which granted four parcels of land in Kobbe Beach in Arraiján, saying the resolution was illegal. The ARI resolution, issued in 2003, permitted a company called the Paradise Beach Corporation to build on these lands the Intercontinental Playa Bonita Resort & Spa, whose owner is Herman Bern. According to the Third Room of the Supreme Court, the ARI failed to comply with requirements established by law regarding the modification of public contracts; specifically they failed to publish the details of the bidding docket in a nationally circulated public newspaper. (more)

By DON WINNER for Panama-Guide.com - This afternoon the President of Panamanian Supreme Court Chief Justice Harley Mitchell said justice officials were meeting to discuss the option of appointing "adjunct judges" as a way of breaking through the backlog of cases facing the justice system. He said that just in 2006 and 2007 more than 41,000 new cases were opened, and that anyone now charged with murder will probably not go before a judge for a first hearing until August 2009.

Copyright 2008 by Don Winner for Panama-Guide.com. Go ahead and use whatever you like as long as you credit the source. Salud.

By Gloria Leiva Gaitán for El Siglo - During 2007 the Panamanian State was sued in 156 civil cases, representing more than $241 in potential damages. This represents 78% of the cases being investigated by the Specialized Superior Prosecutor's Office responsible for civil cases, created on 17 March 2006. The remaining 22% represent 45 cases in which the Panamanian state is part plaintiff, and in those cases more than $20 million dollars are claimed in damages. Altogether, the total value of all suits entering the prosecutor's office is more than $267 million dollars. This prosecutors office was created to defend the interests of the state or municipality and to represent it legally before the courts in the processes faced by the government. Last year the prosecutor's office successfully defended the Panamanian state in cases valued at more than $33 million dollars - that is to say the government won the cases and will not have to pay those damages.

El Siglo - The Authority for the Protection of the Consumer and Defense of Competition collected a total of $1,057,377.60 during 2007 in fines according to a report published by the accounting department of the institution. Businesses in the Province of Panama paid $673,273.90 for various sanctions and fines, the majority of them due to violations discovered during inspections and operations.

By José Otero for La Prensa - The lack of coordination that existed between the former president of Panama's Supreme Court and the Public Ministry has been overcome with the designation of Harley Mitchell as the new President of the Supreme Court, according to Panama's Attorney General Ana Matilde Gomez. She spoke after Chief Justice Mitchell visited with her yesterday. Mitchell replaced Graciela Dixon on 2 January 2008. Dixon left the court after having completed her 10 year stint.