Panama's Attorney General, Giuseppe Bonissi, gave more importance to the extortion complaint filed by the Prosecutor of Administration, Oscar Ceville, than to the allegations of wiretaps and recordings of telephone conversations of government employees in this institution without a proper court order. Bonissi based his position on the fact that the Criminal Code allows for sentences of up to 10 years for the crime of extortion, while illegal wiretaps can be punished with 2 to 4 years in prison. Because of this, Bonissi said that at this moment the Public Ministry will be at the forefront of this investigation, which will be compiled into one single file, depending on the circumstances.

"In that way the corresponding decisions can be taken, because as a part of the overall global situation several crimes might have been committed," he said. He explained that the complaint filed by the Prosecutor Ceville against his former security chief, Jorge Abrego, for the alleged commission of attempted extortion for now will be included in the same investigation.

The former Attorney General Rogelio Cruz, spoke out about the statements made by Bonissi and stressed that the investigations into this scandal can not be mixed in the same file - that is to say - there can be no "accumulation" of processes, cases, or investigations. "This deals with the alleged commission of two different offenses. Although they are related, they must be investigated separately," said Cruz. In fact, the Judicial Code provides in Article 2288 that: "There is room for the accumulation of processes, when faced with the same offense, followed by two or more different and distinct actions. One single summary case file cannot be opened for crimes committed by different people, at different times, and without a prior agreement between them to commit a crime ...".

Investigation: The Attorney General said that from the first day the Panama America released the news about the wiretaps and the recording of the telephone conversations of government employees who work in the offices of the Prosecutor of Administration, they began their investigations. At this moment the investigation is at the initial stage of summary verification. Ceville would be investigated. Bonissi explained that if they uncover an illegal activity in their investigations, then by law it would correspond to him to open a case against Ceville, while at the same time he said that in the future it could happen that he might separate the case and move part of it to a Circuit Prosecutor to address the complaint about extortion. "I first have to assemble the file and then, if I see new elements or if I have to split the case, I will do it," he said. "We must be clear that this type of investigation can take many years, as happened with the case of Ana Matilde Gomez which has been open since 2007," he said. He warned he could not make any comment on an investigation that is just beginning, however, he explained the only similarity he has seen thus far to the case pending against former Attorney General Ana Matilde Gomez is that this is a case which was presented as a criminal complaint. (Panama America)

Editor's Comment: OK, they're going to slow-roll this thing. When Bonissi made reference to the fact that the illegal wire tapping case against Ana Matilde Gomez has been opened since 2007, he was actually sending a message that "we're going to take our time, so don't get all excited." The administration of Martin Torrijos didn't do anything about the allegations against Ana Matilde Gomez because he appointed her. As soon as Torrijos was gone the case was reactivated and Gomez was gone as well (to be replaced by Bonissi.) Apparently thus far it looks like Abrego was trying to extort money from Ceville, and in response Ceville ordered illegal wiretaps of his employees. Does that make sense? I still don't think I'm clear on this one yet...   

The Prosecutor of Administration - through a press release - said the "false and defamatory" accusations made by the former Chief of Security of this entity Jorge Ábrego are part of a campaign to "weaken" their action "within a publicized trial." The statement would be referring to the case against former Attorney General Ana Matilde Gomez, which begins next Wednesday. Meanwhile, former President Martin Torrijos acknowledged through his spokeswoman that he was informed that someone was "blackmailing" Ceville and left the matter in the hands of the Security Council. He did not say if he also knew about the wiretaps conducted by Ábrego, supposedly ordered by Ceville. (La Prensa)

Editor's Comment: I've been watching this story with just one eye, and to be honest I don't know what the hell is going on yet. I know this is a huge story in the Panamanian press, that it has to do with supposedly illegal wiretaps ordered by the Prosecutor of Administration Ceville, however I'm still confused on the details. It will come with time. So far it sounds like another of these wars of accusations and counter accusations made by a former disgruntled?) employee against a former boss. Still working... If anyone has been following this, by all means please fill me in via comments.   

National Assembly Deputies from the opposition PRD political party asked for the presence of Attorney General Giuseppe Bonissi in the Labor Committee of the National Assembly that is discussing in the first reading the bill that would suspend three articles of Law 30, known as the "9 in 1" law. PRD lawmaker Rubén De León was one of those who supported this initiative, because, according to the opposition bloc "we cannot continue with the discussion of that project if Bonissi not clarify the scope of the investigation being conducted by the Public Ministry (MP) related to the deaths and acts of vandalism that occurred in Bocas del Toro." According to the opposition lawmakers, Bonissi should say specifically whether or not the Public Ministry has or has not ruled out the possibility of issuing arrest orders against any person who can be identified as having participated in the riots, as advanced by the prosecutor of the First Judicial Circuit of Bocas del Toro. Therefore, committee chairman Raul Carrillo said he would continue the discussion after a break. What's more, the lawmaker repeated that the doors to the Labor Commission are open for the participation of the public. The discussion in the first debate of the bill that suspends three articles of Law No. 30 will continue this afternoon in the Blue Room of the Assembly because it is a larger enclosure and can better accommodate more people, said Carrillo. (La Prensa)   

It was learned that two more Criminal judges, Diógenes Alvarado and Enrique Paniza, submitted their resignations to the Judiciary. La Estrella learned judge Alvarado has resigned in order to accept retirement as of 15 August 2010. For its part, the President of the Supreme Court, Anibal Salas, said "everyone who works in the judiciary has the right to resign." Regarding the designation of Jorge Brown, who until recently was the assistant to the Judge of the Second Tribunal, Joaquín Ortega, as the new judge in the Sixth Criminal Circuit Court, Salas said they are "giving him an opportunity'. Salas recalled that all posts in the OJ must go through a competition and this is no exception. Furthermore, two other judicial officials were dismissed yesterday. (La Estrella)

Editor's Comment: The judicial branch has a tendency to try to clean their own house very quietly...   

The four Circuit Criminal Courts based in the "Judicial City" of David in the province of Chiriqui receive between 60 to 80 new cases every week, which exceeds the working capacity of the judges. This was revealed by a report from the judiciary. The situation has forced the implementation of the Judicial Decongestion Program (DPJ), which has been replicated in the civil courts as well. The measure aims to reduce delays of trials in this sector of the country. There is a backlog of more than 100,000 cases, just in the Fourth Civil Circuit Court alone. Judge Dayra Navarro said the purpose of working with assistant judges is to help to get each court caught up and to reduce the backlog of cases, and added they are already seeing the results of the implementation of the DPJ. Meanwhile, the judge Lilibeth Castillo Barraza, who works in the Remedios district but who also works from Monday through Thursday in the area of David, said this initiative is helping the court to respond to the public in a more timely manner.

Goal: The goal is for each of the judges, by late July 2010, to have issued more than 100 decisions each, said Judge Oderay Berastegui, who works in Tolé but who also supports the Second Criminal Court. According to Second Circuit Court, Criminal Branch of David, judge Ariel Alvarez, crimes of domestic violence, crimes against property (theft), and drug related crimes against the collective security have increased in the province of Chiriqui, causing an increase in the number of case files. Currently in his court there are more than 1,900 cases and of those 40% are related to drug trafficking, thefts, robberies, and gang activities. (La Estrella)   

Panamanian journalist Carlos Núñez was released from the El Renacer prison facility, after the court issued a document commuting his original sentence to 24 days (fine), and ordered his immediate release. The veteran communicator was arrested on 26 June 2010 due to a pending conviction against him for slander. (Dia a Dia)   

In a split decision, Panama's Supreme Court decided this afternoon to open a criminal investigation against the former Attorney General Ana Matilde Gomez, for the alleged commission of the crimes of abuse of authority and the violation of the duties of a public servant, to the detriment of Archimedes Sáez Castillo. "I did not expect anything different because it definitely is a decision taken by the government a long time ago, to not work with me ... simply because we have a President who does not like being told no," said Gomez said after learning of the decision. Judges Harley James Mitchell, Oydén Ortega, and Luis Carrasco, the replacement for Judge Jerónimo Mejía, voted against the decision. Within the next 24 hours the court should issue the formal resolution with will contain the official call to trial. "Here there is nothing that can be done, Mr. Martinelli said to me, the last time we met, stick to the consequences," Gomez said. (Telemetro)

Editor's Comment: This was a "party line" vote. The four Supreme Court Magistrates who were appointed to the bench by the PRD voted against. The five magistrates who were appointed by either Mireya Moscoso or Ricardo Martinelli voted in favor. It's pretty clear - Ana Matilde Gomez is (was) the Attorney General for the PRD, and that's why they are getting rid of her. It's a simple as that. They will have their trial, however their investigation will probably take a very long time - like five years. By the time they get around to actually making a ruling, her term of office will have expired. Game, set, match.   

The Supreme Court of Justice in Panama dismissed two cases pending against former Attorney General Ana Matilde Gomez - one for the "corruption of a public servant" and another for the "illegal practice of the profession." The dismissals, which were handed down in an "objective and impersonal" manner, were unanimous in favor of the suspended Attorney General. It was learned that in neither case was found evidence linking Ana Matilde Gomez to the complaints. (La Estrella)

Editor's Comment: OK, I think these are two "other" complaints that were pending in the system, but not the big complaint over allegations of illegal wiretaps that resulted in her being suspended from her position. I mean, while she was serving as the Attorney General I imagine people filed all kinds of things against her for whatever reason, trying to gain some legal traction for one reason or another. Therefore, I don't think these new dismissals will result in her being reinstated as the Attorney General, but rather this more likely represents the Supreme Court clearing away some older and unrelated case activity against her. That's how I'm reading this right now, anyway. And it I'm right, then these cases didn't really matter all that much anyway. Let's see how this plays out over time.   

The Judicial Decongestion Program (JDP) of the Supreme Court of Justice (CSJ) has as its goal to resolve approximately 12,000 more court cases by the end of this year. New staff recently joined the JDP, who according to the President of the Supreme Court, Anibal Salas, will be measured and questioned, "because the continuity of the program depends on them." For his part, the Vice President of the Supreme Court judge Alberto Cigarruista, said the new staff provides some hope for the Civil Chamber, where there is a tremendous case overload and in some cases delays of up to 15 years.

Meanwhile, the DPJ's national director, Rodolfo Palma, said they are "starting a new era with the hiring of additional personnel, including civilian judges and their respective assistants, for the criminal circuit courts, family courts, municipal criminal courts, as well as public defenders who will all help with the task of reducing judicial congestion." Palma said that so far, the results can be considered successful because "in five months about 4,700 cases have been cleared." Part of the new staff have already been hired, and more will start working as of 16 July 2010 at their headquarters in the Edison Plaza building. The program is characterized by the mobility and flexibility, because the judges will be able to move around to different areas, using a system of containers that is currently being bid, to any area of the country. (Panama America)   

The Second Circuit Court of San Miguelito nullified the proceedings against former prosecutor Archimedes Saéz for the crime of extortion. The decision comes after the defense filed a motion for nullification, in which he claims the court lacked jurisdiction in the process. Judge Eda Cecilia Jiménez agreed, and decided that in fact jurisdiction for this case should rest with the court of the Third Judicial Circuit of La Chorrera. Archimedes Saéz is being tried for the crime of extortion at the expense of Miguel Zambrano, which occurred in 2005. (Panama America)

Editor's Comment: The case has not been thrown out. This decision simply moves jurisdiction for the trial from San Miguelito back to La Chorrera, where it should be. I have no idea how this case wound up in San Miguelito - maybe because that's where the complaint was originally filed? The Women's prison is in San Miguelito so I'm guessing that might have had something to do with it. In any case, Archimedes Saéz was a prosecutor responsible for the La Chorrera area, who tried to extort money from Miguel Zambrano, whose daughter was being held in a local jail. Saéz threatened to have her transferred to the Women's prison in Panama City, located on Tumba Muerto, outside of town in San Miguelito. She had a newborn baby and it would have been much more difficult for her family to visit her in that prison. In return for granting the request, Saéz was caught trying to extort $600 from the family, thanks to a wiretap of his cell phone ordered by then Attorney General Ana Matilde Gomez. Anyway, that's the background. What matters is that this decision is just a jurisdictional issue, and the case has not been "thrown out' or anything like that - just moved. I would suggest you might want to ignore the screaming banshees, as they are very often wrong, especially on questions of interpretation and analysis.   

Panama's Special Prosecutor for Organized Crime ordered the arrest of businessman Jean Figali, in order to question him in a money laundering case arising from a report issued by the Financial Analysis Unit (UAF) of the Presidency of the Republic. Prosecutor Jose Ayu Prado said the case has to do with an investigation started by the UAF in September 2009, and their report issued two months later which was forwarded to the Attorney General's office. Now, his office needs to question Figali in order to supplement the findings of the investigation. Only Figali has been charged thus far in this case, but Ayu Prado has not ruled out calling others to testify. Javier Carrillo, head of the Judicial Investigation Department of the National Police, confirmed that his officers have been trying to find Figali since last Friday in order to take him to Ayu Prado's office. Jose Gabriel Carrillo, Figali's lawyer, said his client is outside of the country, and he is not aware what is being investigated. "First let's see the case file," he said. (La Prensa)

Editor's Comment: In Panama a prosecutor who wants to interrogate someone who has been charged with a crime issues an order for the police to pick the guy up and to bring him in. In Spanish they use the expression "ordenó la conducción" - literally meaning "ordered the bringing of." That doesn't translate very well so I just say they ordered his arrest. Panamanian prosecutors first try to do things the nice way. They issue orders and citations to summon people to their office to be interrogated for crimes. In this case Figali has already been charged with money laundering. Apparently Figali has ignored the citations and summons to appear, so the prosecutor kicked it up one notch, to an order to have him picked up and brought to his office. There is one more level or order, called a "captura" (capture), which obviously means the police should immediately arrest the person where ever and when ever he is found. The difference is - the police will normally only execute an order of "conducción" during working hours and during the week, so they don't have to hold the person either over night or over a weekend. Anyway, this is what happens when you ignore a prosecutor. Eventually they get pissed off enough to have you dragged into their office in handcuffs. As it often happens, once you are in the prosecutor's office trying to answer the hard and direct questions, at some point the prosecutor ends the session and orders your arrest. You are then sent to prison to await trial, maybe two years down the road. The prosecutors have the legal right and power to issue these orders, and that's why I doubt Jean Figali will ever set foot in Panama again. He ran when it became apparent that Ricardo Martinelli was going to tear him down, both literally and figuratively. And, there's someone else I know who has now ignored three citations issued by a prosecutor to appear. Very soon that prosecutor is going to issue the exact same order of "conducción". Any guess as to who I'm talking about? You can run, you can hide, but sooner or later it all catches up with you. Sooner or later.    

The purchase of the Northern and Southern corridors by the Government of Panama might go from being an idea to a reality, after the National Assembly declared itself to be in permanent session yesterday to discuss the draft of Law Number 178. This bill would allow the use of up to 35% of the Trust Fund for Development (FFD), or $455 million dollars, to purchase the toll roads operated in Panama by the Mexican companies PYCSA Panama and Ingenieros Civiles Asociados (ICA). Besides the purchase of the corridors and the creation of the National Highway Company (ENA), which is expected to be ready by the end of the year, this bill also includes the introduction of a new Title IV of the Tax Code, by amending 90 % of this. Upon approval of the Bill number 178 Panama would achieve the elimination of international double taxation, and the country would stop being considered by the Organization for Economic Cooperation and Development as a tax haven.

DISCUSSION - However, having the right to speak, emotions of the lawmakers got heated as they discussed the majority report. The position of the opposition Democratic Revolution Party (PRD) lawmakers is that they do not accept any of the articles in the draft bill, because they say the law would not contribute any real benefits to the country. Raul Pineda, a PRD lawmaker, said the government has sought the fastest way to discuss the project without first providing a point by point explanation. If this project were approved, he said, the government would be granting a variety of powers "never before seen" to the General Direction of the Department of Revenue, of the Ministry of Economy and Finance. He said "I do not necessarily argue with nor do I object to the current director," but that this position might be filled by another person in the future who would not know how to manage so much power. The lawmaker from the ruling Democratic Change political party Edwin Zúñiga said "bill 178 benefits the country in various points, and we hope it will be approved, God willing, by tomorrow (today.)" Zúñiga understands the stance of the PRD opposition bloc is to not support the bill, but he said it's going to be passed anyway. (La Estrella)   

By DON WINNER for Panama-Guide.com - This is a translation of the bill supposedly submitted to the National Assembly by the Minister of Public Security, Jose Raul Mulino, which would regulate private firearm ownership in the Republic of Panama. For the record, I've been reporting on this bill since 1 June 2010 with the publication of the article "Panama To Stiffen Penalties For Illegal Gun Possession". When the publication of that article started a debate on the Panama Laws for Expats Yahoo Email group, I followed up the next day with "Own An Illegal Weapon in Panama? You're Already Looking at 2 - 4 Years in Prison". Both of these articles were based on the draft of this proposal, translated here, which has been available on the Internet for quite some time. It is important to note that this is, at the very best, a working draft. It has not been passed in the National Assembly as far as I know in any of the three required debates. Therefore, obviously the words here are not the "law of the land" in Panama, yet.

Update: I spent a few more hours on the translation this morning, and now it's good through the Article 60. From Article 61 to the end it's just a rough machine translation that still needs to be worked. In most cases you should be able to figure out the spirit and intent anyway, and tomorrow I'll spend some more time on this to finish it off. (more)    Click Here To Read The Full Article (8,494 words)

This afternoon the Finance Committee of the National Assembly approved in first debate a new law on tax reform. With this bill the Government intends to use money from the Trust Fund for Development to purchase the Northern and Southern Corridors. During the discussion Members agreed to exclude from this project an article that would have permitted Pandeportes to realize direct contracts for everything related to the Bolivarian Games in 2013. (La Prensa)

Editor's Comment: The "Trust Fund for Development" was created when the government of Panama privatized much of what was formerly public or government owned services, such as the telephone company, the electric company, ports, etc. This bill would allow the government of Ricardo Martinelli to use those funds to purchase the Northern and Southern corridors.   

A new Executive Order allows for free cell phone service to the Directors, Sub Directors, security personnel, assistants, and even the secretaries of all government ministers. This same benefit was also extended to the Directors and Deputy Directors of all of the decentralized entities - meaning all state agencies. Some Deputies to the National Assembly repudiated the executive order, and they consider it to be an insult to the citizens of the country who live mired in social and economic problems, while some economists call the selective benefit wasteful. Despite the criticism, the Minister of Economy, Alberto Vallarino, defended the Executive Order saying that cell phones are a tool they use to govern. The minimum value of a cell phone contract is $19.95, so this figure would be multiplied by each officer who is now entitled to free cell service, totaling thousands of dollars monthly. (TVN Noticias)   

PANAMA CITY, June 18 (Reuters) - Some major Panamanian construction projects could begin without knowledge on how they might harm the environment and employers would gain an advantage in the event of a strike under legislation enacted this week. President Ricardo Martinelli's political allies in Congress passed the reforms in a move that could spur public works and please employers but increase opposition to the government's infrastructure plans. The string of varied reforms include allowing employers to hire non-union replacements for striking workers and requires police to immediately take control of work sites affected by strikes. Martinelli, a white-haired supermarket magnate, took office last July promising ambitious public infrastructure spending but has been criticized for heavy-handedness and centralizing power. The laws enacted this week sparked protests from labor and environmental groups who fear the fast-tracked legislation greatly reduces worker rights and could eliminate key environmental checks for major copper mines Martinelli wants developed.

The controversial reforms were bundled in a bill to increase investment in commercial aviation and were passed by Congress while their chamber was protected by riot police. The so-called "9-in-1" law also increased penalties for human trafficking and false documents, but relaxed sanctions for police officers who commit crimes while on duty. Martinelli has said critics misinterpret the law, which states that developments deemed to have a "social interest" could have relaxed environmental standards. Opponents say they will challenge the legislation in court and analysts expect negative international reaction.

"This may expedite their ability to move forward on certain (development) projects but at the same time it could backfire," said Heather Berkman, an analyst at the U.S.-based Eurasia Group, adding that some multilateral lenders cannot support projects without independent environmental impact studies. Berkman warned the laws could further complicate U.S. ratification of a trade agreement with Panama and imperil Martinelli's mining agenda. "This could bring in international anti-mining groups which have made things quite difficult in other neighboring countries," said Berkman.   

By DON WINNER for Panama-Guide.com - The new Law 30, also known as the "9 in 1" law, passed by the National Assembly on Saturday and signed into law by president Ricardo Martinelli, contains one article that really has the labor unions pissed off. Prior to the passage of this law, workers didn't have any choice over the payment of union dues. Employers had to deduct those dues from their worker's paychecks and hand the money straight over to the unions. The law in Panama has been exceptionally "pro union" for a very many years. Now, with the passage of Law 30, workers have a choice. They are no longer forced to make union dues payments, and the payments of those dues are voluntary. Article 12 of Law 30 reads:

• Article 12: Article 373 of the Labor Code will read as thus: "Article 373 - The employer is not obligated to deduct from workers in favor of a union ordinary or extraordinary union dues that are established. The worker who wishes to pay the ordinary and extraordinary dues established by the union should pay those voluntarily."

Take That, SUNTRACS: Ricardo Martinelli is a businessman. I spoke to some of the leaders of the Panamanian Chamber of Commerce after this law was passed and asked them what they thought. The answer was "how can we not like it - most of the things in there favor business owners." There was some concern over how the law was passed and the feeling like it was "rammed through" but for the most part they are very happy with the new law. Unions in Panama are basically big business, collecting as much as 2% of workers pay, every paycheck. With this new law workers now have a choice and they cannot be forced to pay union dues if they don't want to. This law is a real kick in the nuts to all unions in Panama so you can expect their leadership to react violently.

Copyright 2010 by Don Winner for Panama-Guide.com. Go ahead and use whatever you like as long as you credit the source. Salud.   

Protests and the march scheduled for tomorrow is not going to stop the government from implementing Law 177, also known as the "9 in 1" law. Yesterday at a press conference Security Minister Jose Raul Mulino, Government Minister Roxana Mendez, and Labor Minister Alma Cortes, defended the initiative which was approved by the National Assembly in the third and final debate last Saturday. "Governing is not easy, and governing includes the great task of deciding," said Mulino. According to the minister, the national government decided to convene meetings to publicize these issues in the National Assembly and did not hide in the Cabinet Council to modify these laws. He argued that the reforms to the labor, criminal, judicial codes as well as environmental and commercial aviation issues did not violate the Constitution, because they did what the Constitution permits.

In referring to a call to strike, protests, or street closures on the part of people who are against the law, Mulino said "there is no valid reason for a strike or street closures, and those who block streets will be arrested, because the current law (which allows the government to arrest protesters who block streets) is not just to do calisthenics, but it will be rigorously applied." Each of the government officials defended the parts of the new law that covers elements that apply to their areas. Labor Minister Alma Cortes was asked that when she was asked by El Siglo on 29 May 2010 if there would be any changes to the Labor Code at the time she denied it, and she accused the labor unions of making it up. Cortes responded yesterday that, since the month of March in the conference of the International Labor Organization, they announced that reforms to the Labor Code would be made in response a mandate from the ILO. The truth is that law 177 will be signed or vetoed by president Ricardo Martinelli today, said Mulino. (El Siglo)   

The administrator of the National Environmental Authority (ANAM), Javier Arias, again defended the approval of the Bill 177, which regulates commercial aviation and sets out reforms to the Criminal, Labor, and Judicial codes as well as six other laws, despite protests from opposition groups. "I think the environmentalists should learn a little more about good practice guidelines, because it is one of he binding themes in the monitoring of environmental studies. At no time is ANAM putting aside its work and this project is something good and positive," he said. According to Arias, opponents of the "Law Chorizo" are not in favor because there was no consultation on the issue. Today, Tuesday, members of environmental groups and trade unions will march from the El Carmen Church to the Parque Porras at 5:00 pm. (Dia a Dia)   

Environmental activists Gabriela Etchelecu from the Fundación MarViva and Zuleika Pinzón from the Fundación Natura say no group has yet had access to a copy of the final version of the recently approved Law 177. Both say some of the changes included the law on environmental issues could have serious repercussions. They explained the last changes made by the Deputies of the National Assembly established the elimination of Environmental Impact Studies which applies not only to projects of social interest, but to any project, and that now the only filter would be a requirement to create a guide to good practices. Pinzón explained that although use of a "guide to good practices" is an initiative promoted by environmental groups, it is recommended only for low-impact projects, and not for projects such as hydroelectric dams or major roads. For her part Etchelecu insisted that with the lack of an environmental impact study for projects such as the construction of social housing on sites that are not analyzed if they are susceptible to flooding, situations such as what occurred in Prados del Este could be repeated. On Tuesday, a march for the environment has been scheduled, which will start at 5:00 pm at the El Carmen Church. (Telemetro)

Editor's Comment: And this is a perfect example of why environmental activists drive me bonkers. This woman Etchelecu points to the problems with flooding in the Prados del Este housing complex, however she fails to point out the obvious - that the Prados del Este project was built under the existing law which required the preparation of an extensive Environmental Impact Study - and that the time and effort it took to prepare that study was a complete and total waste, because the dame place flooded anyway! These people amaze me. Finally, it is now becoming increasingly clear to me that I have been looking at a draft version of the law that has been made available on the website of the National Assembly, and that this draft is different from what was actually passed by the lawmakers on Saturday. I thought I was working off of the final version, but apparently not so.   

Panama's Minister of Trade and Industry, Roberto Henriquez came to the defense of the bill that amends the Labor, Judicial and Criminal Codes as well as other six laws. In an interview on Channel 2 TVN News, Henríquez said the content of the law will bring "benefits to the Panamanian people." In turn, during the television interview he spoke about the three aspects of the law that - in his estimation - have been the most controversial. The minister said the modifications to the Organic Law will allow police officers who have "fatally wounded" an offender to be transferred to administrative duties until the investigation is complete. He denied that the chances to the law have anything to do with giving the police a "license to kill."

On another part of the new law, Minister Henríquez said the Labor Code was modified so that company owners and workers who wish to continue to work will be allowed to enter the business, even through another group of people remain on strike. In addition, the "9 in 1" law establishes that payments made to labor unions are now voluntary, which up until now have been mandatory, even though the person does not belong to the union and provided that there is a collective agreement in place. The official said these provisions "were not invented by the government of Ricardo Martinelli but come from the International Labor Organization."

In talking about the aspects of the law that deal with environmental issues, Henriquez said the law establishes that an Environmental Impact Study will not be required in cases of a construction project that is in the social interest such as schools, roads, and hospitals. But he said the work "must comply with proper standards."

Rejecting criticism - In the interview, the minister also defended the fact that the bill was discussed during special sessions of the National Assembly. He said that in the regular system this bill would have been delayed many months before being approved by the Deputies of the National Assembly. He further alleged that the Government would have had to wait until July when the Assembly resumes its regular sessions. The "9 in 1" bill was approved on Saturday, 12 June 2010, in the third and final debate by the National Assembly. Forty-two Members voted in favor of the initiative which was put forward by the Executive Branch, while 17 voted against. (La Prensa)

Editor's Comment: Martinelli always sends out Minister Roberto Henriquez to face the cameras on controversial issues. When I was doing my analysis of the modifications to the Labor Code, I missed the part about union dues now being voluntary - I suppose it's either in another Article in the law that I have not gotten to yet, or maybe the version of the law that I've been working from (which came from the website of the National Assembly) is not in fact the final version as passed. Anyway, that explains why Saul Mendez and the SUNTRACS leadership is so upset - they are dipping into their pocket and taking away dues money. Most of the SUNTRACS guys do not support the politics of the leadership however their participation in the union and the payment of dues has been practically mandatory. Good - another change I can get behind. No one should be force to participate in a labor union or pay union dues against their will, in my opinion.   

By DON WINNER for Panama-Guide.com - Now here's an interesting element that was included in the "Lobster Law" recently passed by Panama's National Assembly. This law allows the National Security Council to share information with airlines on any person, either Panamanian for foreigner, who is wanted by either domestic or international authorities. If the person is "under investigation" or if there exists a "reasonable suspicion" the person has been involved in criminal activity, airlines can prevent these passengers from boarding flights, and alert the authorities. Here is the translated text of the article in question. This is Article 11 of Law 177:

Original Spanish As Adopted: Artículo 11. El Consejo de Seguridad Nacional podrá proporcionar información sobre pasajeros que sean buscados por autoridades nacionales o extranjeras, estén bajo investigación o exista sospecha razonable de que están envueltos en actividades delictivas de cualquier naturaleza, a las aerolíneas panameñas o extranjeras que reciban vuelos en territorio panameño para que impidan que aborden en dichos vuelos. De igual forma, las aerolíneas deberán informar de inmediato al Consejo de Seguridad Nacional sobre cualquier actitud sospechosa de los pasajeros a bordo de sus vuelos, ya sean nacionales o internacionales.

English Translation: Article 11. The National Security Council may provide information on passengers who are wanted by foreign or domestic authorities, if they are under investigation or if there exists a reasonable suspicion they are involved in criminal activity of any nature, to Panamanian or foreign airlines that receive flights in Panamanian territory, so they can be prevented from boarding these flights. Similarly, airlines must immediately report any suspicious attitude of passengers aboard their flights, either domestic or international, to the National Security Council.

Bringing The Airlines On Board: There is already a system in place in Panama through which the local authorities can coordinate with international law enforcement authorities to screen passengers for anyone who is wanted in another country. However, that system as it stands right now is cumbersome, time consuming, and inflexible. Let's say there's a guy in Canada who is wanted the Royal Canadian Mounted Police (RCMP.) Let's assume they are looking for a fugitve and they don't know where he might have gone. Panama would only catch this guy if there is a specific coordination through Interpol, and if the DIJ coordinates with Immigration to put the guy's name and passport number in their system, manually. Meanwhile, the airlines have invested the money to quickly screen millions of passengers every day. Now with the passage of this law, the National Security Council can legally share any information they obtain from any source on wanted fugitives with any airline that lands in Panama. Therefore, and assuming the information on the fugitive has been passed, if the guy tries to board a flight in Toronto headed for Panama City, he will be prevented from boarding the plane and local Canadian authorities will be notified. I see this as Panama taking a step to become more integrated with trends in information sharing across international boarders. The primary driving factors for this change are obvious - drug trafficking and international terrorism. However, if you're running from something and your plan is to go to Panama to hide, the chances that you will get busted at the airport just increased exponentially.

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

By DON WINNER for Panama-Guide.com - Yesterday the Panamanian National Assembly passed the controversial "Lobster Law" which modified three codes (Criminal, Judicial, and Labor Codes) as well as articles of six other existing laws in Panama. The bulk of the underlying law has to do with elements related to commercial aviation, and most of that is a codification of a requirement to force Panamanian aviation companies, such as COPA, to hire 85% Panamanian pilots. Prior to the passage of this law aviation companies like COPA were regulated by the same labor codes that manage workforce of all international companies who hire foreign workers - that is to say - as long as 90% of the total work force was Panamanian, then the company could hire as many foreign pilots as they wanted. The low numbers of pilots were offset by the large number of Panamanian check-in clerks, baggage handlers, and administrative personnel. Now, this new law breaks airline and commercial pilots out into their own separate category and 85% of the pilots have to be Panamanian. There are also new requirements and restrictions on aircraft mechanics and technicians because the same thing was happening there - mostly foreigners.

But That Wasn't The Problem: There was enough in this new law to anger three specific special interest groups - labor unions, environmental activists, and to a lesser degree the "civil society" meaning a loose network of groups and organizations each with their own leader, opinion, and agenda. In this article I want to talk specifically about the changes to two articles of Law 18 of 1997, which have to do with the use of deadly force and the way police and law enforcement officers are treated by the judicial system. First of all - here are Articles 23 and 24 of Law 177 that was adopted yesterday, first in their original Spanish and then translated to English.

• Artículo 23. Se modifica el articulo 127 de la Ley 18 de 1997, así: "Artículo 127: Por motivo del uso de la fuerza, no se podrá ordenar la detención preventiva de algún miembro de la Fuerza Pública, por la presunta comisión de un delito ejecutado en acto de servicio o en cumplimiento del deber, no se decretará la suspensión provisional del cargo público que desempeña, mientras no se dicte una sentencia condenatoria y esta sea comunicada a la autoridad nominadora por parte del tribunal competente."
  
  
• Article 23. Modifies Article Article 127 of Law 18 of 1997, as follows: "Article 127: For reason of the use of force, the preventative detention of any member of the Public Forces cannot be ordered, for the alleged commission of a crime executed in the service or performance of duty, nor the provisional suspension from their position, unless a conviction is issued and this conviction is communicated to the appointing authority by the court."
  
  
• Artículo 24. Se modifica el artículo 128 de la Ley 18 de 1997, así: "Artículo 128: La adopción de otras medidas cautelares personales distintas a la detención preventiva, por la presunta comisión de hechos delictivos ejecutados en acto de servicio o cumplimiento del deber se efectuará de acuerdo a lo establecido en el código judicial. Sin embargo la ejecución de penas impuestas por delitos culposos así como en actos del servicio se cumplirá dentro de las instalaciones policiales, bajo la responsabilidad directa e inmediata del jefe de la sede."
  
  
• Article 24. Modifies article Article 128 of Law 18 of 1997, as follows: "Article 128: The adoption of other personal protective measures other than preventative detention, for allegedly committing criminal acts performed as an act of service or in the performance of duty, shall be in accordance with the provisions of the judicial code. However, the enforcement of penalties imposed for crimes as well as acts of negligence will be fulfilled within police custody, under the immediate and direct responsibility of the Chief of the station."

First Of All, Why Go There? The lunatic fringe has been screaming that now members of the National Police will supposedly have a license to commit horrendous criminal acts with impunity. Nothing could be further from the truth. It would help to put things into historical perspective somewhat. Those of us who lived through the years of the military dictatorship remember full well when General Manuel Antonio Noriega ran the country with absolute power. He controlled the military, and the military controlled the country. There was no oversight or controls of any kind. They had absolute power, and that power was abused on a regular basis, frequently, in every possible way you can imagine. Murders, beatings, torture, threats and intimidation, extortion, kidnappings - you name it. When the US military invaded Panama in 1989, toppled the military dictatorship and arrested Noriega, the newly installed democratically elected government of Panama set about the task of establishing order and building a new police force that would respect individual human rights.

Nobody Sued Anybody In Panama: Back in the Noriega years, if you slipped and fell on a wet floor in a supermarket, that just meant you were clumsy. If you ordered a hot cup of coffee and then burned your crotch when you spilled it, that just meant you were a dumbass. Anyone with a problem or a complaint would seek an appearance before "the MAN" who would settle the issue. However a funny thing happens when you begin to instill the rule of law over the rule of man. Sooner or later the public wakes up to the fact that they can literally sue anyone for anything. This is exactly what has been happening lately in incidents of police officers who are involved in the use of deadly force on the job. The cops are out there on the streets, 24/7 rain or shine, trying to catch the bad guys and provide security for this country. At the same time violence related to drug trafficking has exploded in the past few years and we might see as many as 1,000 murders in Panama this year which would be an all time high. So, the police officers are chasing around 1,000 armed murderers, and when they are involved in a line of duty shooting (use of lethal force) lawyers representing the family members of the guy who was shot immediately file a whole series of complaints and allegations of murder. The end result was that police officers were afraid to use their weapons, and they would rather just saw "screw it" and "he got away." The law, governmental institutions, and judicial system was slanted hard against the police officers, and it was a situation that had to be fixed.

Line Of Duty Determination: This concept of "line of duty determination" exists in the US military. The most famous case I can remember was a girl who was stationed on Okinawa and a typhoon was coming. All of the airplanes were flown to the Philippines to get them out of the way of the storm. Many base personnel were evacuated as well, however the barracks were specifically constructed to withstand any tropical storm or typhoon, so many people stayed behind to ride out the storm at the base. Obviously all work came to a standstill. A group of enlisted people decided to have a "typhoon party" at the barracks. That's not so bad, but they screwed up when they decided to have their party on the roof of the barracks, and to make a kite out of 2 x 4's, bedsheets, and steel cable. A female Senior Airman, who was drunk at the time, was flying the kite when a gust of wind blew, dragging her over the railing of the roof, she flew (slash) fell the three stories to the ground. She landed on her knees, breaking both of her femurs and hips. She survived the fall and was evacuated for medical treatment. The Air Force held a hearing and made a "line of duty determination" saying she was not acting in the line of duty at the time. She was reduced in rank, given a meal card so she could eat at the dining facilities, and all of her pay was taken away, except for $50 per month (to pay for things like sanitary napkins). All of the rest of her pay went back to the US government to pay for the $50,000 dollars in medical expenses to took to wire her dumb ass back together.

In The Line Of Duty: That's the key phrase. If this girl was on the roof to secure damage being done by the storm, for example, and if she was not drunk and flying a friggin' kite, then the Air Force would probably have determined she was acting "in the line of duty" and therefore she would have not been punished or forced to repay her medical expenses. And that's the real kicker. If a Panamanian police officer is not acting "in the line of duty" - meaning - if he is doing the wrong thing, breaking the law, abusing his position, uniform, or authority for his own personal gain, then the Chief of Police can simply issue a resolution saying the officer was not acting "in the line of duty" at the time and turn him over to the authorities. The net affect of this law gives a degree of authority back to the police to investigate, check, and filter events. If a cop comes into a situation while acting in the line of duty, if he is not doing anything wrong, if he is risking his life for the greater good of the public in general, then I think there should be a degree of protection for that brave officer. If they get shot at by some gang banger and then return fire and kill the guy, they should not be hauled up on murder charges. However, that is exactly what has been happening, every time any police officer was involved in a line of duty use of deadly force. It was becoming unworkable.

Would You Put A SEAL in Gitmo? The police are at war with the murderers and thieves, in an ongoing battle which unfolds every day. Before this law was passed there was nothing requiring the Director of the Penitentiary system to separate police officers who had been arrested from the general population of the prison. They did have a small building in the La Joya complex set off to the side where people like police officers or people who are known to be cooperating with the authorities were held, but they were within sight and hearing of the other inmates. And remember, these were mostly guys who were being accused of a crime and who were being held in "preventative detention" until their case went to trial, which could take years. Again, all of this meant the police officers on the street were overly cautious, severely risk averse, and flat out afraid to do anything out of fear of going to prison. The bad guys are very bad guys - murderers - who would think nothing of killing a cop if they could get their hands on him. Panama does not do a very good job or protecting anyone from anything in prison, under any circumstances. That had to change.

The Uniformed Code of Military Justice: Again, there are corollaries between the way the US military deals with these issues and what Panama is doing with this law. For example, many times the Military Justice system is harsher on its members than any civilian court would be. If you don't show up for work you might get fired. If a US military solider does not show up for work that's called AWOL and for that you can go to prison. There are all kinds of other things where military personnel are held to a higher standard than civilians - such as "conduct unbecoming to an officer" for example - that civilians generally don't think about. When Panama threw off the yoke of the military dictatorship they tried to turn the police force into a 100% civilian organization. However they are now "evolving back" somewhat, out of necessity, and adding some elements such as this law to the way they handle judicial and administrative cases involving their personnel.

Issues of Fear, Responsibility, and Trust: The drug traffickers have infiltrated the National Police. Everyone is in agreement that the National Police in Panama is a generally corrupt organization. There was a recent case in which officers and employees of the DIJ were caught stealing weapons and selling them to gang bangers. Three police officers participated in the kidnapping of a Cuban American businessman, and they are about to go on trial. The transit police are famous for shaking down motorists for bribes. Drug traffickers regularly and routinely pay bribes to prison officials to facilitate their "escape" from prison. In short, nobody trusts the police. Since these same people are armed with weapons and they can use deadly force, people are afraid that they will now feel free to abuse that power - to drag people out of their cars and execute them at will or other such outright abuses of power. However, in this as in many issues there has to be a reaching of a middle ground. The police need to be able to use deadly force - in a responsible manner. The National Police have pissed away any semblance of trust among the public and it will take a very long time, maybe generations, to earn that trust again. The way to do it is through the unflinching application of a higher standard. When any police officer is found to have violated the law and a "line of duty determination" decides that he was not, in fact, acting according to the laws and in an honorable manner, then that officer should be quickly fired from the institution, stripped of all protections afforded by this new law, and "thrown to the wolves." Ever heard of a "dishonorable discharge?" When a US military member breaks the law, they are first held subject to the UCMJ, and when the military is done with them they are ejected and tossed to the civilian judicial system. It will fall to the Chief of Police to enforce all of this. However, the most troubling part of this entire story for me is the fact that the current Chief of Police, Gustavo Perez, was himself "ejected" from the police force for his part in the kidnapping of US civilians at the Marriott Hotel during Operation Just Cause. Now, this is the man who is supposed to run the show and to restore the trust and confidence of the public in the public forces. In the short term, he is the speed bump. I will reserve judgement until I see how these elements are applied in practice. But in the initial analysis, I can see how these things are needed.

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 Costa Rican lawyers representing the Government of Panama have filed their complaint against the online newspaper El Pais.cr for the supposed crime of damages against the Panamanian Nation, after the publication of articles about President Ricardo Martinelli. Attorney General Giuseppe Bonissi said they are in the process of defending the interests of the Panamanian State. This legal action against the Costa Rican news outlet comes after the publication of a series of articles about people close to President Martinelli and supposed ties to drug trafficking and money laundering. In addition, the articles also referred to the hiring of bodyguards from Israel for the President, which supposedly put the security of the Panama Canal at risk. Because of this, Bonissi stressed that here special interests do not matter, and what matters is the country's security. (El Siglo)

Editor's Comment: I think the owner and editor of El Pais.cr as well as the author of these articles are all related to the new President of Costa Rica, therefore I don't think this complaint will go anywhere. Also, the Attorney General in Costa Rica has spoken out on several occasions against Ricardo Martinelli and in support of Ana Matilde Gomez, the former Attorney General in Panama who was removed from office. I mean, forget the merits of the case and whether there are grounds or not, freedom of speech or not, or what have you. Politically speaking, I think it's a dead issue on the ground in Costa Rica. I hope those guys are ready for the whole "what goes around, comes around" thing when they finally get around to playing that card here in Panama. Do you think there might be any crooked Costa Rican politicians with money stashed in Panamanian bank accounts, for example? On a grander note, Costa Rica's star has been slipping while Panama's has been rising. For a very long time Costa Rica was practically the only stable country in Central America. They didn't have a standing army, for example, during the Reagan years when civil wars were raging in El Salvador and Nicaragua, and spilling over borders in every direction. Costa Rica just stayed home, and worried about developing their tourist infrastructure. Since the departure of the United States from the Panama Canal Zone at the end of 1999, Panama has been rising steadily higher and higher, and there's a possibility that Costa Rica might be looking to their neighbor to the South and wondering about their own future. Meaning, as Panama continues to grow, the "zero sum game" numbers work against Costa Rica to some extent. Anyway, it will be both interesting and entertaining to see how they deal with this complaint. I'm putting $50 bucks on "tossed out with prejudice and a flip of the bird" which will be gleefully covered by El Pais.cr when the time comes. Martinelli and his gang screwed up when they spent ten seconds worrying about what some blogger in Costa Rica is writing about them, when there are dozens of complaints pending against a homegrown version right here in Panama, and they can get their hands on that guy.    

The full session of Panama's National Assembly began a session at approximately 9:30 a.m. this morning to discuss in third debate the draft law promoting commercial aviation, which also modifies three codes and reforms six other existing laws. Meanwhile, access to enter the area of the National Assembly has been blocked the the installation of a perimeter fence near the Plaza 5 de Mayo. In addition, a large group of policemen have been assigned to the grounds of the Legislative Palace to prevent the entry of people. During the week, members of various environmental and labor groups have gone to the National Assembly to express their opposition to the contents of the controversial bill. Yesterday, Friday, these representatives were prevented from entering the National Assembly. However, some of them managed to force their way in, with the backing of some National Assembly Deputies from the PRD political party. (La Prensa)

Editor's Comment: The National Assembly will pass this law today. The final vote will be forty-something to sixteen. The people who are protesting - namely SUNTRACS and environmental groups, do not represent the majority of Panamanians. The forty-something Deputies who are about to vote for this bill, on the other hand, do in fact represent their constituents. Most people don't know what this bill says. The general public seems to be concerned over the way the bill is being rammed through while president Ricardo Martinelli is out of the country and everyone else is totally distracted by the World Cup. The government of Ricardo Martinelli has absolute control over the government of Panama - to include the Executive, Legislative, and Judicial branches of government, and including things that are supposed to be independent such as the Comptroller's office and the Attorney General. At this point the only thing people can do, literally, is cross their fingers and pray that his decisions will be benevolent and for the eventual greater good of the Panamanian people and the long term strategic growth and improvement of the country. People have a tendency to try to compare Martinelli with people like Omar Torrijos, who took control of the country through a military coup that installed a dictatorship that lasted 21 years. Martinelli, on the other hand, was popularly elected in a landslide. I see Martinelli more like a kind of "right wing Hugo Chavez" who is pro-business, and he's simply running the government of Panama in the most effective and efficient manner possible. And, in general the decisions businessmen make are not appreciated by labor and environmental groups. The people that don't like him and don't like what he's doing - they are also known as the "losers" - are people who didn't win the election, who are not in charge, and who have now been reduced to bitching to the press when they don't like what's happening. The next four years is going to be kinda like riding down the rapids in the river, when all you can really do is hold on and hope there's no waterfall around the next curve. Does that sound good to you, Shirley?   

After a few modifications, and with 41 votes in favor, 16 against and no abstentions, the full National Assembly approved in second debate Bill number 177, better known as the "Lobster Law", that seeks to promote commercial aviation in the country. The vote came amid a series of controversies and opposition to the bill by several union leaders who were there, so the President of the National Assembly gave the order to strengthen security measures. It is expected the third and final debate on this controversial bill will be held tomorrow, which they will begin to discuss at 9:00 am. The bill would reform important articles in the Labor, Judicial, and Criminal Codes, as well as articles in six other existing laws. (La Estrella)

Editor's Comment: The Mother of all Goals. In Panama when they say someone "scored a goal" on someone else, they mean they pulled a fast one, got over, or got away with something. It's incredibly ironic that the National Assembly will be "scoring a goal" on the Panamanian people tomorrow, with the debate timed to coincide with the start of the third game of the 2010 FIFA World Cup. South Korea plays Greece tomorrow morning, and the vote will probably coincide with either Argentina vs. Nigeria or the USA vs. England games. Did you notice the vote numbers, Shirley? 41 to 16? Like I said, they can do whatever the hell they want. I just hope they're gentle...

Copyright 2010 by Don Winner for Panama-Guide.com. Go ahead and use whatever you like as long as you credit the source. Salud.   

After their entry to the National Assembly was denied, a group of people who are opposed to the draft law on commercial aviation managed to gain entry to the legislative chamber by force. This group of people - mostly members of civil society organizations - could not be controlled by the security officers of the National Assembly. They entered accompanied by several Deputies to the National Assembly from the PRD political party. (La Prensa)

Editor's Comment: Several things here. First of all, the draft law or bill that is being debated in the second debate started life as a proposal to reform the laws that regulate commercial aviation in Panama. Lawmakers spent more than a month discussing the draft law, talking to pilots and airlines, and that was the initial purpose of this law. However, later lawmakers tagged on language that would modify three codes (the Criminal, Judicial, and Labor) as well as six other existing laws, on things that have absolutely nothing to do with commercial aviation or transportation. Yesterday there was an opportunity for the public to speak on this bill, and it turned into a circus. The guys from the SUNTRACS labor union showed up and caused a scene, and at about 11:30 pm a recess was called until this morning. Today the "second debate" is taking place.

The Process: In Panama, lawmakers first have the "first debate" in committee, and this bill was debated and approved by the transportation committee, even though the most controversial elements of the bill have nothing to do with transportation. The bill then goes to the full session where the second and third debate take place. To be perfectly clear, Ricardo Martinelli's political forces have absolute control over the National Assembly and a dominate majority of votes. If they wanted to pass a law making everyone change their name to "Shirley" they could to it, and the PRD could only complain, but it would become the law of the land. Therefore, if the ruling government wants this law passed, it will pass.

On the Environment: There is language in the bill which basically says that Environmental Impact Studies would not be required for projects that are determined to be in the "social interest." If passed, that would give the executive branch a way to circumvent the current laws protecting the environment, if they choose to do so. The National Environmental Authority (ANAM) works for the Executive Branch, and what the administration of Martin Torrijos did was just turn a blind eye towards environmental issues whenever they felt like it. And, when it supported their political goals or aims they strictly enforced environmental issues and make headlines with those battles. Also, the need for an Environmental Impact Study is a great way to suck bribes out of unsuspecting international businessmen. Want your EIA, buddy? It's going to cost you... Martinelli is taking a different approach. He wants to be able to simply say "make it so" on large projects - such as a new copper mine for example - without having to wait years for the bureaucratic process of getting the EIA done. That takes too much time. The end result is going to be the same anyway, so why waste time? That's apparently their thinking, anyway. To a certain degree it's actually more intellectually honest than the Torrijos approach.

Martinelli Is In Greece: He's one smart SOB. He knew this whole thing was going to turn into a food fight, so he just dropped the bomb, left instructions, and flew to Greece for a little Moussaka. Meanwhile, the National Assembly will hold one, two, three debates and pass this thing into law. Martinelli comes back and signs it, and in a couple of weeks it shows up in the Gaceta Oficial. In the meantime, South Africa tied Mexico 1-1 in the opening game of the 2010 FIFA World Cup, and in about thirty seconds everyone will forget all about the "GOL" that got slammed home in the National Assembly while they were hammered on Atlas. Any questions?

Copyright 2010 by Don Winner for Panama-Guide.com. Go ahead and use whatever you like as long as you credit the source. Salud.   

Alida Spadafora, of the National Association for the Conservation of Nature, warned that Article 23 of the Act referred to as the "9 in 1" or the "Lobster Law" - threatens democracy and leads to dictatorship in the country. The article in question does not allow for the preventative detention nor the separation from office for a police officer who causes the death of a person. Spadafora said she does not understand how this government that proclaims the horrors of the years of military dictatorship in Panama can promote this law. Spadafora appealed to the common sense and reason of the Deputies of the National Assembly, as asked them to reject this proposal. She said the project shameful.

Representatives of environmental groups who appeared on the TVN News program with Spadafora also expressed their rejection of this package of laws because it eliminates the concept of environmental impact studies for projects of social interest. Environmentalists said the environmental impact study is the only mechanism to ensure the environmental sustainability of the project. Environmentalists also complained about the speed with which the Deputies approved the first reading of this packaged, which changes six national laws and three codes. (TVN Noticias)

Editor's Comment: They are calling this the "Lobster Law" because many people think lobsters have nine legs. In fact, they have ten. The first eight are under their bodies and are used for mobility, and the other two out front are used to capture prey. However, the front two kinda look like one, so there's nine. Whatever - the bill has nothing to do with delectable seafood - it's just a nickname. They are also calling it the "9 in 1" law because it modifies nine different existing codes. The general perception is that it's getting rammed through, and in typical fashion this is happening while Ricardo Martinelli is on a ten day trip overseas, this time to Greece. It seems like all of the really controversial stuff happens while he's out of the country - he just sets the ship on automatic pilot and splits - so he can dodge the local press. More to follow.   

With 37 votes in favor and 16 against, the full session of the National Assembly yesterday approved a law which creates a special regime for the operation of an economic area in Baru, Chiriqui Province. During the discussion of the project, the Minister of Labor and Workforce Development, Alma Cortez, said the area of Baru is a ghost town, very economically depressed, and home to children who are not attending school. "The project will bring hope to that community," she said. But for National Assembly Deputy Osman Gomez, of the Panameñista party, the proposal should have had a greater consensus before before the National Assembly for a vote, due to its "sensitivity." Another project that was approved in the Assembly yesterday was the law that created a new "Secretariat of the Cold Chain." The functions of the Secretariat are: to ensure food preservation and food security in Panama, to plan and execute the design, development, management and operation of the cooling system in the country. (El Siglo)

Editor's Comment: The special economic region of Baru in Chiriqui is a direct response to the stranglehold of the banana worker's unions who have basically killed all industry in the area. This new economic region will allow companies to start over, bypassing the unions to some degree. And with the second law, one of the things Martinelli has been talking about since the campaign is the "cadena de frio" which means the ability to keep refrigerated or frozen foods cold, all the way from their point of origin to the point of sale or consumption. This is an issue Martinelli is acutely aware of thanks to the supermarket business. In Panama, there are holes in the system, and for example sometimes if you buy imported ice cream when you get it home you discover that it's been melted and refrozen, at least once.    

Yesterday marks 15 days since the start of the investigation to clarify the situation of Mauricio Cevallos Sanjur, the former Tenth Circuit Prosecutor, who has since been assigned as a "counsel" (lawyer) in the Legal Department of the Public Ministry. Cevallos ran into another vehicle and caused injuries to the body of the other driver. The accident occurred on Thursday, 20 May 2010. Following the accident an investigation was opened because Cevallos left the scene. Naphtali Jaén, the Deputy Attorney General, said Cevallos has reached an agreement with the young man who was injured in the accident. (Dia a Dia)

Editor's Comment: What? This is the kind of stuff that drives me crazy about Panama. This guy had been out partying all night long. He was driving home, drunk as a skunk, and he drive his SUV into a truck in front of the Bimbo bakery. The accident occurred at like 5:30 am so it must have been lady's night or something like that. When Cevallos got out of his car he said he was a prosecutor, gave his license over to a police officer who had arrived at the scene, but then he hopped into another car owned by someone who came to get him the hell out of there in order to avoid having to take a blood alcohol test. Television cameras were rolling as the other SUV drove him away. My first observation is that the police on the scene never should have let the guy get away. They should have aggressively pursued him, and arrested him on the spot. Cevallos was removed from his position as a prosecutor, but he is still working in the Public Ministry - the guys who are responsible for upholding the law - in the LEGAL OFFICE of that entity. What kind of a message does this send? He should be fired, immediately, and then prosecuted criminally for his actions. If he "made a deal" with the guy he almost killed, that in no way relieves the Government of Panama from prosecuting this guy for the crimes he committed. And so - all of the crap Bonissi has been talking is exactly that - bullshit. He's letting criminals get away with crimes under his own roof. Absolutely unacceptable, under any circumstances. Hey guys - fuck it. If you're about to get busted for drunk driving just give the cops your drivers license, tell them you're the Ambassador from "Upper Myassia," and drive the fuck home. Once you've sobered up, go back and face the music for the accident, but at least they won't be able to prove you were drunk, so that's something. Amazing... The only proper statement from the Public Ministry in this case should be "Cevallos has been placed on administrative leave without pay pending the results of the investigation. He will be fully prosecuted under all applicable laws in this case." End. But no, they have to give him a job working as a lawyer in the Legal Department of the Public Ministry. It's frustrating to see that people with money, friends, and political connections can still get away with doing whatever the hell they want. I thought Ricardo Martinelli was going to put a stop to this kind of crap. Well, it's not happening. Somebody else (besides the prosecutors of the Public Ministry where Cevallos worked as a prosecutor) should be assigned the responsibility for investigating this case, obviously.