The lack of infrastructure to assist judgments of multiple accused citizens and the limitations in the technological system have become one of the main obstacles in the Judicial Branch’s ability to comply with the Criminal Trial Procedure Video. (more)

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The third Fiscal of the First Judicial Circuit of Panama, Franklin Amaya Jované, requested to file the process and final order of dismissal for Financial Pacific (FP).

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An extraordinary credit for 6 million dollars and a departure transfer by an additional million was approved by the Budget Committee of the National Assembly for the Ministry of Agricultural Development (MIDA).

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By Silvia Higuera - The decision by a judge to try a team of journalists from a Panamanian newspaper has been called “an alert for media that call out possible irregularities in public administration” by the Inter American Press Association (IAPA) in a press release.

The case is related to a complaint filed by Lourdes Castillo, current head of the Panama Canal Authority, against four journalists from La Estrella newspaper for alleged crimes against her honor, said the newspaper. Between April and May of 2011, the paper published a series of reports on possible irregularities in contracts given by the state to Naves Supply S.A., of which Castillo is a shareholder.

The prosecutors that investigated the case had asked for a dismissal of the complaint on the grounds that only a living person, not a legal entity, can sue for crimes against honor, and the reports only mentioned the company – not names.

Claudio Paolillo, president of IAPA’s Freedom of the Press Commission, said that the judge’s decision was “incoherent” after the prosecutor’s office asked for the case to be dismissed. “More than finding out if investigations into journalistic claims are beneficial to correct possible errors, the underlying intention is to pacify the press so that, due a fear of reprisals, it will perform a tepid and doctored journalism. That is totally against the freedom of the press,” he added.

In its report on Panama, presented at its mid-year reunion last March, IAPA warned that the “level of confrontation” in the country between “important members of the government” and independent journalists carrying out investigations into corruption had not diminished. (knightcenter.utexas.edu)

The National Assembly approved, in the second reading, the Law 564 which modifies Law 59 of 1996 and Law 10 of 2010 on the Panama Meritorious Fire Department. (more)

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Today, the Bill No. 564, which allows the availability of funds deposited in the national trust, was approved during the first hearing by the Commission of Government.

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551 Bill, which dictates a new national law on adoptions, is expected to be approved by next Tuesday on first debate.

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The Sonda company will be demanded on Thursday, for alleged breach of the contract, according to attorney Víctor Martínez. (more)

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The controversial bill 592 amending the Electoral Code, passed yesterday on the third and final debates in the National Assembly, will be challenged in the coming days by the Democratic Revolutionary Party (PRD). (more)

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The interest of the National Assembly president, Sergio Gálvez, to pass a "real and effective press law" constitutes a "danger and decline" and could disrupt the freedom of expression and information, journalists' representatives warned. (more)

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After the accusation of the Papadimitriu family members, after the clearance of two concessions, the lawyer Gonzalo Moncada Luna said that this is about false and tendentious statements. (more)

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The minister in charge of government, Gustavo Pérez, presented today at the session of the Assembly the law to create the Passport Authority. (more)

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A lawsuit filed by victims of the fire on the bus 8B-06, which killed 18 people, was admitted by a Court in Kansas, in the United States.

The lawyer Victor Martinez who is representing several of the survivors, confirmed that the court sent a petition to Panama to conduct some tests, which was forwarded to the office of Supreme Court Judge Harry Diaz.

Martinez added that lawyers from the United States offered to file a lawsuit against the companies that produce and market the refrigerant gas which caused the explosion in the bus from the Mano de Piedra route, and the fire on 23 October 2006.

This claim was accepted by the Court in Kansas. (Telemetro)

The Fourth Municipal Prosecutor asked the Second Municipal Court for a discontinuance of the proceedings against the collaborators of the company Transcaribe Trading, SA (TCT), who have been accused of crimes against the freedom of the press after they blocked the entrances to the Corporación La Prensa, SA (Corprensa) on the night of 2 August 2012, into the early morning hours of 3 August 2012.

According to the prosecutor Maribel Concepción, the TCT collaborators (employees) did not commit any crime, because they had no intention of preventing the Mi Diario and La Prensa newspapers from reaching their outlets.

In her prosecutor's opinion, sent to the court on February 28, Concepcion said she found no evidence that the accused had entered the facilities of Corprensa to try to prevent the production process.

Before submitting her conclusions to the court, the prosecutor refused to press charges against the directors of TCT, among them David Ochy, saying there was not sufficient evidence to proceed against them, even though a protected witness declared he was at the place of the blockade.

The attorneys representing Corprensa filed a motion to nullify the request before the court, attacking the prosecutor's opinion because it openly violates the guarantees that should be afforded to Corprensa. (Prensa)

Editor's Comment: Ludicrous. Any truly objective and neutral observer would quickly conclude the owners of TCT send their truck drivers and heavy equipment to park in front of the La Prensa newspaper production facilities that night in an act of aggression and intimidation, in response to the articles the newspaper had published about the company's owner just days before. TCT benefited from many contracts worth millions of dollars from the government, and La Prensa was hammering away against them, questioning the contracts and insinuating corruption. So once again, even though this case is being handled at a relatively low (municipal) level, it involves the highest levels of government, a corruption scandal, and millions upon millions of dollars in government road building contracts. This is a perfect example why you can only get real "justice" in Panama if highly powerful people are not involved. If rich and powerful people are involved then the case will go their way, regardless of the evidence or the facts in the case. So what's the smartest tactic? Make high level friends. That's what the Panamanians do. And when in Rome...

Nila Navarro said on the Telemetro morning news broadcast that the that the President of the National Assembly, Sergio Gálvez, is in contempt of a ruling by the Supreme Court because he has not complied with the order. (more)

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The controversy over the female sterilization law that was passed by the National Assembly yesterday could be partially vetoed, at the request of CD party Deputies.

Mario Lazaro, president of the Health Commission of the National Assembly, announced today that the intent is to have the document returned to the first debates, in order to submit to consultations the age at which a woman would be able to seek sterilization.

For a long time this method could only be done by women who are at least 28 years of age and who have already had three children, and only when procreation poses a risk to their health.

What for many women would be a relief, the Catholic Church sees as a dire measure, since according to the Metropolitan Archbishop Jose Domingo Ulloa the law would put Panama in danger of "aging" as has happened in many European nations that have taken similar measures. (Mi Diario)

Editor's Comment: The law as passed by the National Assembly allows for women who are aged 23 and who have already had two children to seek sterilization. Any man who is at least 18 years of age can have a vasectomy under this law. The Catholic church hates this law, and they are trying to convince Ricardo Martinelli to veto.

With 37 votes in favor, 8 against and 0 abstentions, on Thursday afternoon the National Assembly approved Bill 563, amending articles of the Criminal Procedure Code.

The initiative aims to postpone the implementation of the Accusatory Criminal System in the First and Third Judicial Districts, with their respective judicial circuits.

Government Minister, Jorge Ricardo Fabrega, a proponent of the project, seeks to postpone for one year the entry of the Accusatory Criminal System, in order to benefit the system itself and due process. (Telemetro)

Editor's Comment: Delay. Postpone. Stall. They should have had enough time to get their shit together, and now they are just kicking the can down the road for another year. Shame, really...

With 37 votes in favor and 11 against the National Assembly approved a bill that increases the tax on liquor.

Leandro Avila, the deputy of the opposition Democratic Revolutionary Party (PRD), announced that his party voted against the bill.

Meanwhile, the Panameñista caucus said the proposal is nothing more than a political "passing of the bill" against Vice President Juan Carlos Varela whose family owns a liquor company.

Martinelli Is Not Behind The Bill - Pineda: The deputy of the opposition Democratic Revolutionary Party (PRD, Raul Pineda, reiterated Tuesday that president Ricardo Martinelli is not behind Bill No. 559, introduced by him, which increases the tax on liquor.

"The project has a name. There are thousands of Panamanians who have been affected by addiction to alcohol, said Pineda, who yesterday declined to vote for the bill that was approved on second reading by the full National Assembly.

This, despite the criticisms made against the proposal by the opposition benches, who described the bill as a political legislative initiative against the family of the Vice President, Juan Carlos Varela, who is engaged in the production of liquor .

"They left me alone, but today we will continue to defend the bill," said the opposition leader, who at the same time said his colleagues have a "a lack of morals."

"When they are in charge they don't have the courage to discuss this project, and when they are in opposition they say it's a political campaign," he said.

"This law is not against Mr. Varela, it is for the Panamanian people," said the deputy on Telemetro report.

The new tax aims to raise $18 million in its first year of operation, while in the second year it will raise $30 million in new revenue. (Prensa)

Editor's Comment: Personally, I really don't care all that much about this new tax. I almost never drink anymore, and when I do it's much more likely to be a beer than a bottle of Seco. Red wine comes in second place. It's been a long time since I've put away any hard liquor so this new tax won't touch me, at all. But it certainly does kick the Varela family right in the gazots...

With 38 votes in favor, the ruling government caucus in the National Assembly decided to return the controversial Bill 550 on recall to the second debate.

The proposal put forward by the Deputies of the Democratic Change political party seeks to modify Article 9 and to add two new Articles (to the existing draft Bill.)

Opposition Deputies rejected the measure. Jose Luis Varela criticized the action, because if they intend to include two new items, the draft Bill should be returned to the first debate (Committee level). (Telemetro)

Editor's Comment: This is the "anti turncoat" law. The CD is trying to lock Deputies in and to keep them from switching from one party to another, in case they lose the presidential elections in 2014. In this way they still want to retain control the National Assembly, if possible.

The Attorney General Jose Ayu Prado avoided today say whether or not he would accept an appointment to be the new Supreme Court judge, because, he said, the "nominating agency" still has not said anything.

Ayu Prado was asked by the TVN correspondent in Chiriqui Demetrio Abrego in response to rumors about his possible appointment to the post.

So far there has not been a call for applicants to submit their documents for the position, although President Martinelli anticipated by convening the National Assembly this month for special sessions to discuss and ratify his appointment to the Supreme Court, to replace outgoing judge Aníbal Salas, whose term expires on 31 December 2012.

Ayu Prado made ​​his remarks in David, Chiriqui province, where he went to check the preparations for next year's implementation of the new accusatory penal system, and the condition of the buildings of the Public Ministry, among other topics.

The new accusatory system will be implemented in Chiriqui and Bocas within 10 months, and the Attorney General is confident that they will have sufficient time and resources to prepare. He said as an example one can see how the new system has been implemented in the provinces of Cocle - Veraguas and Herrera - Los Santos.

With the new accusatory system, first the person will be investigated and then later precautionary measures are applied, he said. (TVN)

Editor's Comment: There are strong rumors that Jose Ayu Prado will be named as the next Supreme Court judge by Ricardo Martinelli, in the coming days.

The full National Assembly will be called back into special session after Dec. 15, as stated by the President of the Republic, Ricardo Martinelli. The President said the sessions will be used to ratify the replacement of Supreme Court Judge Aníbal Salas, whose term expires on 31 December 2012. Martinelli did not specify what other issues will be addressed, but announced they discuss "one or another little things."

The President said that the Government is meeting its obligations with the people of Colon, and said his administration has spent more than a billion dollars in that area of the country, so it is unjustifiable that the Colon Broad Front made ​​a demonstration to denounce that the Government has not responded to the people in the talks.

Martinelli's statements came during the last payment of 2012 for the "$100 for 70" program and the "Network of Opportunities" program in the area of El Cacao in Capira, where he was accompanied by the Minister of Social Development, Guillermo Ferrufino. (Estrella)

The National Assembly approved Bill 542 in the third and final debates, which amends an Article of Law 38 of 5 June 2012, concerning the use of the Panama Savings Fund (FAP), to help the families affected by the recent floods in Capira, La Chorrera, Colon and Cocle del Norte.  

With this approval Article 5 of Law 38 of 2012 is amended, which regulates the withdrawal of money from the Fund to help defray the costs of state emergency situations, so that it can enter into force before 2015, ie in 2012.

For the purpose, Law 38 of June 5, 2012, which created the FAP, provides exhaustively, among the reasons for the use of the Fund, situations associated with a state of emergency, and points to a stabilization mechanism.

The Minister of Economy and Finance Frank De Lima said an evaluation should be done to determine the costs of the damage cause by the recent flooding in the Western part of the province of Panama and in Colon, before they would use the money from the Savings Fund.

As a result of these floods there are reports of damage to homes, roads, bridges and schools. (Critica)

Editor's Comment: Back when Ernesto Perez Balladares was the president of Panama (1994 - 1999) many of the state owned assets were privatized, such as the telecommunications company (the old Intel) and the power company (the old IRHE). As part of these deals the State of Panama received direct payments, as well as shares in the companies granted the concessions. The trust fund established at the time allowed the government to spend the interest earned on the capital, but it was impossible to touch the funds themselves.

The government of Ricardo Martinelli first tried to put forward a bill that would have allowed them to get direct access to those funds, and after protests they were forced to back away from that plan. Then they created the new Panama Savings Fund and put all of the money there (about $1.2 billion), and created a mechanism that would allow future governments, after 2015, to spend a part of the money to help respond to a natural disaster.

Six months later, there's flooding, and now they've modified the law again, so they can get access to the funds now, to help pay to repair the damage caused by the recent flooding. By law, they are limited to just 0.5% of the GDP, or in this case about $173 million of the total in the fund. If they need more money to respond to the crisis, they will have to amend the fiscal responsibility law to increase the debt ceiling, which would allow them to borrow more money.

Politically speaking, the opposition politicians had to support this modification, or else they would have been voting against funds to help flood victims.

The credentials committee of the National Assembly ratified this Wednesday, November 28 the members of the board of the Panama Savings Fund. This board will consist of seven members among which are Jose Abbo, who will be part of the administration of the fund for seven years. Alberto Alemán Zubieta and Alberto Vallarino Clément are on the board of the Panama Savings Fund for five years. While Nicolás Ardito Barleta, Fred Kardonski, Domingo Latorraca and Jorge Vallarino Strunz will be on the board for three years. Abbo and Kardonski, who were present at the meeting today, Wednesday, received the unanimous vote of the committee for ratification. Meanwhile, Aleman Zubieta, Alberto Vallarino, Ardito Barletta, Latorraca and Jorge Vallarino, were ratified with six votes in favor and two against.

Members of the opposition Democratic Revolutionary Party (PRD) Leandro Avila and José Luis Fabrega, said they were voting against ratification during the session, because most of the officers on the board of the Panama Savings Fund (five of seven) were absent at the session of the credentials commission. "We are not going to ratify anyone who does not come to show their face to the country," said Avila.

De Lima Presents A Bill To Advance The Use Of The Saving Fund - Earlier, the Minister of Economy and Finance, Frank De Lima, presented to the plenary of the National Assembly of Panama a Bill to amend the proposed start date for the use of the Panama Savings Fund.

De Lima sustained before the plenary session today, Wednesday, that the proposed amendment of Article 5 of Law 38 of June 2012, seeks to advance the use of the funds, in response to the floods this year in the province of Colon. The Savings Fund was due to come into effect starting in fiscal year 2015, but in response to the natural disaster that has caused grief in Panamanian family, the use of the fund is necessary, said De Lima.

The minister said that according to the preliminary report of the National System of Civil Protection 23 communities have been affected, 1,036 houses, 11 businesses, and 5 bridges in the province of Colon.

Opposition - Meanwhile, the Deputy from the Panameñista party Alcibiades Vasquez insisted that the government should have control over the use of the Savings Fund. Vasquez criticized the Government's delay to provide economic aid to the thousands of homeless families in Colon, because help should have been provided "yesterday, and not today." Vasquez also questioned the delay on the part of the Ministers, in presenting figures on the extend of the damages caused by the rains on the Atlantic coast. "They have to be responsible," he said.

The National Assembly Will Discuss Two Laws And Eight Ratifications - The government convened the National Assembly into special session to discuss three topics starting today, November 28, until 4 December. The first project set on the agenda is the modification of the rental contract of the banana lands in Puerto Armuelles. The second issue is the modification of Law 38 of June 2012 that created the Savings Fund of Panama. The Executive established as the third issue the ratification of the members of the board of the Panama Savings Fund. It also includes the ratification of the general manager of the National Mortgage Bank, Luis Francisco Hurtado.

A Sense of Urgency - The project to reform Law 38 of June 5, 2012 that creates the Savings Fund of Panama will be discussed urgently, according to the Assembly. The initiative is promoted by the Executive after the need to find funds to cope with the floods in the Western area of the province of Panama and in Colon, where about 6,500 people have been affected and five have died. The first call was scheduled for 8:30 am, while the second is at 9:00 am. (Prensa)

The new Electoral Court judge, Heriberto Araúz Sanchez, who from this Thursday, November 15, will take his seat in the institution, expressed his commitment to defend the democratic institutions in Panama.

"The public can be reassured. Functions of the judges and of the Electoral Tribunal are established in law, and we are men of law," said Arauz.

The new judge said his mission is the further strengthening democracy and the independence of the Electoral Tribunal.

He also said that together with the other two judges of the Electoral Tribunal Erasmo Pinilla and Eduardo Valdés Escoffery, they should prepare for the 2014 elections.

Heriberto Araúz Sanchez, who was chosen by the Supreme Court, on October 16, as the new judge of the Electoral Tribunal (TE), will begin this Thursday, November 15, his 10-year period in the institution.

Araúz replaces the former President of the Electoral Tribunal Gerardo Solis, whose term expired on November 14.

In general, society has frowned upon the choice of Arauz, however, some such as Juan Carlos Navarro, the Secretary General of the Democratic Revolutionary Party (PRD) and Idalia Martinez, the National Coordinator of the Democracy Movement for Justice and Freedom, have only said that his deeds will speak for him.

The new judge, together with Erasmo Pinilla and Eduardo Valdés Escoffery, will defend the work of institutions and democracy in the coming elections in 2014.

There are great expectations towards the performance of Araúz, because it became known that in a query, through a letter sent to the Electoral Prosecutor Eduardo Penaloza, that he had expressed his support for the constitutional feasibility of the presidential reelection.

Meanwhile, Solis said he would continue to defend democracy.

Heriberto Arauz is a professor of constitutional law, who obtained a Masters in International Litigation, and was the Director of Legal Services of the judiciary.

In September 2011, the lawyer Araúz Sanchez was appointed by the executive as the coordinator of the Special Commission of Inquiry of the Amendments to the Constitution.

Mirta Varela de Durán was chosen as his deputy judge advocate. (Estrella)

Editor's Comment: Good. The best news is that Solis is finally gone. That guy was so unabashedly biased in favor of the PRD and against the CD, that there's no way in hell he should have been sitting in a post on the Electoral Tribunal. Judges are supposed to be neutral, in general. Judges on the Electoral Tribunal should be even more neutral and unbiased - because it's their job first and foremost to defend whatever the PEOPLE of Panama decide. Solis was an embarrassment. Good riddance.

The Deputy from the Democratic Revolutionary Party (PRD) José Luis Fabrega, sees no real justification for President Ricardo Martinelli to convene special sessions of the National Assembly. Thus far it has been argued that the special sessions are necessary to ratify the new justice of the Supreme Court, and other authorities. (Telemetro)

The Inter American Press Association expressed concern about the new lawsuit filed against La Prensa newspaper in Panama by the brothers Daniel and David Ochy, who demand $6 million for alleged material and moral damages, after the publication of articles about tenders awarded by the Government to the builder Transcaribe Trading SA, that they own. In a statement issued from Miami in the United States, Inter American Press Association warned that this action can be interpreted as an intimidation against La Prensa and its journalists. This is the second such lawsuit filed by the businessmen. The first demanded $7 million. (La Prensa)

Editor's Comment: The construction company TCT has received several multi million dollar contracts from the government of Ricardo Martinelli. La Prensa started investigating some of those transactions, and found some irregularities. When they reported on those, the owners of TCT first sent their employees and heavy equipment to attempt to "blockade" the offices of La Prensa, to prevent the distribution of their newspapers. Since then, they have filed two civil suits against the newspaper. This is the kind of stuff that happens when one man (Martinelli) gains too much political power. No one expects the Attorney General or the courts to properly or adequately investigate the actions of TCT against La Prensa. No one expects the Attorney General or the courts will adequately investigate the irregularities discovered by La Prensa. And, everyone expects TCT will win their lawsuits against La Prensa. The entire judicial system in Panama is out of kilter, because of and excess of accumulated political power, influence peddling, and corruption. And did you see that a regional anti corruption center was just opened in Panama? That's like Iran being in charge of Human Rights...

Today, Monday, 29 October 2012, Law 73 of 28 October 2012 was promulgated in Official Gazette, which is the repeal of Law 72, and which returns to Decree Law 18 of 17 June 1948, which created the Colon Free Zone, and which reestablishes this Decree Law as valid. The law states in its second article that it restores the effectiveness of Decree Law 18, Article 3 of Law 35 of 25 November 1952 and Article 6 of the Law 12 of June 11, 1981.

President Ricardo Martinelli repealed Law 72 which allowed for the sale of the site of the Colon Free Zone, after a week of protests that left three dead and millions in losses to the commercial sector. (Panama America)

Editor's Comment: This makes it official. Any new law in Panama has to be published in the Official Gazette in order to be implemented. So the National Assembly passed Law 73 (to revoke Law 72), president Ricardo Martinelli signed it into law, and now it's been published in the Official Gazette. Done deal ... Law 72 is history.

A group of lawyers have met and expressed their solidarity with the protesters in Colon and their rejection of Law 72, which allows for the sale of the lands of the Colon Free Trade Zone. The group said this afternoon they would file a suit against the law claiming it is unconstitutional, because the lands of the Colon Free Zone cannot be sold, since they are in a mangrove area, and what's more they say the lands of the area belong to the Panama Canal. They also added there are 11 cases of people who claim to have been taken from their homes in the middle of the protests. (TVN)

Editor's Comment: Any time there's a conflict, the lawyers are never very far behind...

Wasting no time, the full body of the National Assembly approved Bill 529 in the third and final debate, which allows for the government to sell the lands of the Colon Free Trade Zone. There were 41 votes in favor and 4 against to approve the controversial project, which is causing protests in the province of Colon. Sergio Galvez, the President of the National Assembly, signed the instrument of approval. Now it just needs the sanction of President Ricardo Martinelli. (Telemetro)

Editor's Comment: That was quick.

The president, Ricardo Martinelli, insisted that the sale of the lands of the Colon Free Trade Zone will bring benefits to the province of Colon. He said 35% of the funds generated by the sale of the lands of the free zone will be used to solve many social problems affecting the province, and he categorically denied that the state has run out of funds to continue running social investment programs. According to Martinelli, the people who oppose the initiative, do so for "purely political" reasons, and they are people who "do not love their country."

Martinelli said a foreigner is inciting the protests, and they will start an investigation process, because he has serious legal problems regarding his nationalization. Martinelli said on the channel 2 TVN morning news that the Bill allowing for the sale of the lands of the Colon Free Trade Zone is supported by all of the people who are in the business class in the province, and he said there is a very small group who is inciting the people of Colon to protest.

Martinelli said "in the land they pay very little in rent, and they are lands where it is preferable that the companies can own the lands where they have made improvements." It is expected that today, Friday, 19 October 2012, the third and final debate will start for the approval of Bill 529. (Panama America)