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.











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)

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)








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)
Panama's president Ricardo Martinelli continued his efforts yesterday to distance himself from the controversy surrounding Attorney General Ana Matilde Gomez and the potential that the Supreme Court might decide to remove her from office. The Executive Branch has used a mixed strategy of defense and avoidance on this issue, which included statements from the president early in the day and the release of an official press release later in the afternoon. Yesterday morning president Ricardo Martinelli denied having any influence on the process that was opened by the Office of the Administration against Gomez, saying "I have not had anything to do with this, I don't get involved with (trying to influence) the Attorney General, and even less in the judiciary." But that statement was just a start. Later in the afternoon the President of the Republic issued an official press release which reiterated that they are outside of the problem, and they also questioned the actions of the groups who have arisen to support Gomez, who attribute responsibility to the Executive in this case. "We can not allow this legitimate public concern to be tarnished or tainted by the actions and pronouncements of groups who seek to seize the current opportunity to try to damage the image of the executive branch." The press release says that faced with the false and reckless allegations being made by these groups, it is impossible to remain silent, and they go on to say those allegations are being made in direct response to the courageous actions and decisions that have been taken by the Executive. The statement adds that the acts for which they are being linked to the Attorney General, which are being used to generate some of these actions and decisions which are now the subject of public scrutiny, were taken or occurred in a period different to the current government. While the Supreme Court of Justice mulls over Gomez's future, concern among the civil society over the institutional risk represented by the case against the Attorney General increases. Mariano Mena, leader of the CGTP and CONATO said they will present a proposal to the Citizens' Alliance for Justice and other organizations to "convene a national crusade to support Gomez and the preservation of the institution." (Source: LINETT LYNCH for La Estrella)
Defense lawyers working for Panama's Attorney General Ana Matilde Gomez challenged newly appointed Supreme Court magistrate José Abel Almengor, after he indicated he did not intend to disqualify himself from hearing as the primary judge in the case, a request filed to have Gomez removed from her position. Juan Antonio Tejada, a former Ombudsman and now Gomez's lawyer, said he would invoke Number 11 of Article 760 of the Judicial Code, which indicates that one of the causes for impeachment is "if one of the parties has a process, complaint, or suit pending, or for having had one of these within the past two years, against the judge or magistrate." This cause would apply because last March Gomez opened a disciplinary process against Almengor - who at the time was the Anti Drug Prosecutor - related to the departure from the country of Ernesto Chong Coronado, who is accused of money laundering in the case of Grupo DMG founded by Colombian David Murcia Guzmán. The disciplinary process was closed when Almengor resigned from his position as prosecutor last May. Shortly afterwards, he reappeared as an adviser to Panama's president Ricardo Martinelli, who eventually appointed him as a judge on the Supreme Court. Tejada noted that for reasons of "transparency" Almengor should be separated from the case. The judge has 48 hours to decide if he will continue as the designated judge or to ask the full Supreme Court to declare him as impeded. The deadline is today. Supreme Court sources reported thus far there are no drafts circulating related to the incidents of controversy and the prescription request submitted by the Gomez's defense lawyers, against the decision taken by the Office of Administration to initiate an investigation. (See Comments) (Source: JOSÉ OTERO and MÓNICA PALM for La Prensa) 






By EDUARDO MENDOZA for La Prensa - The country waited for the official statement. Although President Ricardo Martinelli and his ministers seem to have selected the two judges who will be seated on the Supreme Court in January 2010, they agreed to keep the names under wraps. "The issue of judges was discussed and tomorrow we will be giving a press conference about it," said Alfredo Prieto, the communications secretary for the presidency. However, some people did speak and they say those selected would be José Abel Almengor, for the Criminal Division and replacing Esmeralda de Troitiño, and Alejandro Moncada who would be going to the Administrative Litigation Division, replacing Adan Arjona. The two new magistrates will take their places on the bench on 4 January 2010. Also present at yesterday's Cabinet Council meeting were the presidents of two of the parties that form the "Alliance for Change" currently in power. Aníbal Galindo, of the Unión Patriótica party and Sergio González Ruiz of Molirena were present at this important meeting, however the President of the Panameñista party Juan Carlos Varela could not attend because he is currently in Chile.
By URANIA CECILIA MOLINA for La Prensa - Thirteen vehicles, including construction equipment, has remained for four years parked on the grounds of the Metropolitan Natural Park in Panama City, under the custody of it's patronage. These vehicles are the silent witnesses of the legal dispute filed in 1998 by the Board of the Metropolitan Nature Park against the company PYCSA Panama, responsible for the construction of the Northern Corridor, due to the alleged ecological damage caused by the construction of the highway to the forest reserve. Initially the park's patronage received a ruling in their favor, but the controversy took another turn after the legal representative of the construction company filed an appeal before the Supreme Court in 2006. Currently, the appeal is in the process of reviewing and reading, and is under the presentation of Judge Alberto Cigarruista. (Editor's Comment: This is a perfect example of one of the fundamental problems that remains to be addressed in Panama. It's actually common for cases such as this to be left sitting idle for years and years by a Supreme Court who has to answer to absolutely no one - they can do whatever they want and if they put a case on "slow burn" then it can sit there, literally forever. I once had a case before the Supreme Court that they sat on for two years, and in spite of me having filed motion after motion to have the case decided, they didn't move until I filed an official and formal complaint with the International Court of Human Rights against the Government of Panama and all of the sitting judges of the Supreme Court for failing to decide on the case - and at the same time I issued a press release to every journalist in Panama. After I did that, the case was decided and the decision was issued in less than two weeks. JUDICIAL SECURITY is imminently important for international businesses who are considering investments in Panama. The judicial system needs to be fixed - because right now it's dead in the water.)
