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This topic was split out from a higher level topic on the matter of the prosecution of sexual crimes. See http://www.chiriqui.life/topic/2734-human-trafficking-sexual-trafficking-sex-crimes-and-the-prosecution-thereof/

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Supreme Court accepts sexual offense case against lawmaker

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Dr Arquesio Arias,

Posted 08/08/2019

The plenary of the  Supreme Court  unanimously admitted on Thursday, August 8, a criminal complaint filed against PRD  Arquesio Arias, of the Guna Yala Region, for the alleged commission of the crime against the sexual freedom and integrity

Judge Olmedo Arrocha will act as prosecutor, and Judge Harry Diaz as guarantee judge.

Two complaints were filed against Arias; One of them was presented by a 22-year-old citizen, who says that the deputy, who is a doctor by profession, allegedly abused her when she had a Pap test during a medical consultation.

According to the file, the criminal complaint admitted was the one filed in the Public Prosecutor's Office in 2018 against Arias, before being elected and, before having acquired the prerogatives of a special procedure to be criminally prosecuted

"The Public Ministry, through the respective agency, referred the process for the knowledge of the Supreme Court of Justice, in accordance with the Criminal Procedure Code, "said a statement from the Judicial Branch.

 

https://www.newsroompanama.com/news/supreme-court-accepts-sexual-offense-case-against-lawmaker

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Prosecutor orders emotional support for alleged sex crime victims

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Deputy Arquesio Arias

Posted 08/10/2019

Supreme Court Judge  Olmedo Arrocha, acting as prosecutor in the trial of PRD  Deputy Arquesio Arias for alleged sexual crimes, will request that emotional support be provided to the victims.

The case reached the Court after July 1 when Arias, of the official Democratic Revolutionary Party (PRD), was elected deputy of the National Assembly by circuit 10-2 (Guna Yala District).

Before that date, the Municipal Personage of Guna Yala was in charge, but at that time they were two processes. One linked to the complaint filed by a 22-year-old girl, who says that Arias, who is a doctor by profession, allegedly abused her at the time of having a Pap test during a medical consultation. The other is alleged sexual abuse of a minor in circumstances similar to those of the 22-year-old

In court, the two cases were assigned to Arrocha, and his colleague Hernán De León. Both files were admitted by the plenary,  and on August 22 they were ordered accumulated into one. Arrocha was appointed prosecutor, while magistrate Harry Diaz was appointed judge of guarantees.

On September 20 the formal investigation began.  At the moment, data is still being collected and when there is sufficient evidence to support the accusation a hearing will  be requested, said the Judicial Branch. 

In a story published by La Prensa on July 7, Arquesio Arias said that, he worked as a doctor at the Ustupu Health Center, and that these cases are a “political” issue, product of the parties' primaries in 2018.

He insisted that it is a “dirty” campaign and that his legal team has proof that what he is trying to impute was not so. “I was working in that community [Ustupu] for two years. If something serious had happened, they would have taken me out of the community, but I finished my period, ”he said.

He said  that one of his opponents of the political campaign pushed the alleged case to get him out of the contest, but that the community authorities said that it was all about a "political attack."

 

https://www.newsroompanama.com/news/prosecutor-orders-emotional-support-for-alleged-sex-crime-victims

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OPINION: Justice lessons not learned

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Urgency of alleged sexual crimes case m,isjudged

Posted 14/10/2019

A deputy of the National Assembly has serious denunciations for alleged highly denigrating and unworthy crimes.

Meanwhile, in the Supreme Court sits the case in the hands of a magistrate who, apparently, does not understand the urgency or the relevance of this.  In turn, a majority of the deputy's colleagues on his bench back him by stating that it is "political persecution."

Respecting the presumption of innocence of the deputy, we must also respect the image and dignity of an entire country and the human rights of the alleged victims, which both mattered in the case of the Ombudsman.

Two deputies from another party have already asked him in the plenary to voluntarily separate and attend to his case. Do the PRD gentlemen need four million Panamanians to ask for the same? The national repudiation against the witch payrolls, the ghost bats and other abuses of the deputies in the previous period inspired the  “no to re-election”, movement which defeated two-thirds of those who sought to return to the legislative body.

 A little over 100 days have passed, and we continue with the old practices. They learned nothing. -LA PRENSA, Oct. 14

 

https://www.newsroompanama.com/opinion/opinion-justice-lessons-not-learned-1

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Prosecutor requests  hearing of deputy facing sex crime probe

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Olmedo Arrocha

Posted 14/10/2019

Supreme Court Justice Olmedo Arrocha, who is acting as prosecutor of PRD Deputy Arquesio Arias for alleged sexual crimes, has called for imputation hearing on Friday, October 18.

The announcement came as more allegations surfaced of offenses against teen-aged girls, members of a school basketball team and after President Laurenzo Cortizo has had suggested that in a similar position he would have stepped aside from his seat in the Assembly while the case was investigated. Moves by two CD Party  legislators to get Arias to stand down failed.

Arias, a doctor, has described the allegations as a political plot. The initial investigations by the Court were. for alleged sexual crimes against a minor, and a 22-year-old girl. 

The Judicial Branch reported that Judge Arrocha has also requested the holding of a precautionary measure hearing by the full plenary of the Court, who are competent to hear these requests, in accordance with the provisions of the Criminal Procedure Code.

“A prosecuting  Magistrate can request any of the precautionary measures indicated in the Code. The only thing that we cannot ask for is the separation of the position of the deputy from the  Assembly “ said a judicial Tweet

At a Monday press conference Arias said that the two patients are sisters and relatives of a classmate who competed against him in the primary and He added that in the last week the case has taken a total turn, but despite this, he will not oppose the development of any investigation. "All this is affecting my family and the party. It is a local political conspiracy. It is a case to attack my party and my political career," Arias said repeatedly.

 

https://www.newsroompanama.com/news/prosecutor-requests-hearing-of-deputy-facing-sex-crime-probe

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System failure in"The other Panama” girls investigation

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In spite of hints from President Cortizo, Arias remains firmly glued to his sear

Posted 16/10/2019

Doctors and organizations that defend the rights of women and have joined the growing outcry against the refusal pf a PRD ruling party legislator to step down while being investigated for the alleged commission of crimes against sexual freedom when He was a doctor in Guna Yala .

The National Women's Council expressed its "repudiation" for the acts in which Arquesio Arias is named and Néstor Vega, representative of the doctors on the board of the Social Security Fund, believes that Arias should separate while under investigation.

Rossana Uribe , president of the Panamanian Association for Family Planning (Aplafa) , no person who is investigated for committing sexual abuse against a child should be on the street and less in the National Assembly.

She said that the government system or apparatus failed these girls and adolescents from the beginning because those who were called to proceed with the investigation in these cases – The  Ministry of Health (Minsa) and  Ministry of Education - somehow did not comply with what they should have done.

Arias is under investigation by the Supteme Court in a process that involves two complaints. The first has to do with a child under 16, and the second, with a young woman of 22. The event would have occurred in Ustupu, in 2018.

In addition, in 2012 teachers of the Simran Colman school in Ailigandí sent a note to the Minsa after the doctor also allegedly sexually abused three girls who were part of a basketball team.

In both cases the Regional Directorate of the Minsa in Guna Yala was silent, and Arias continued attending until June 2019, when he assumed his seat in the National Assembly.

“These Gunas girls were not heard or were ignored at the time. The system failed because they are the girls of the other Panama. The system, in general, failed them when the Minsa did not assume the investigation against Arias after receiving the warning notes [of] the teachers in 2012, ”Uribe said.

The National Women's Council said:"We call on the Panamanian population to repudiate these acts considering their seriousness since they threaten the dignity of women and human rights," said this gender equality advisory body.

Néstor Vega, a representative of doctors and nurses on the board of the Social Security Fund, said that if there is already an investigation of Arias in Court, he must be separated while checking whether he is innocent or guilty.

He said "there are  doctor codes" and when it comes to minors, one of those rules is that the child or young person cannot enter the office alone.

Several of Arias' alleged victims point out that the doctor asked their  parents to stay out of the office.

Claude de López, Professor of Ontology and Bioethics of the Faculty of Medicine of the University of Panama, agreed with Vega that Arias should be separated from the position, both as a deputy and as a doctor, while concluding the Court  process.

 

https://www.newsroompanama.com/news/system-failure-inquotthe-other-panama-girls-investigation-1

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Lawmaker charged with rape and libidinous acts

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Arquesio Arias, center

Posted 18/10/2019

PRD legislator Arquesio  Arias who is a doctor  appeared at a Supreme Court hearing  behind closed doors on Friday, October 18 and was charged with carnal rape and libidinous acts

The complainant requested that hearing be carried in camera with only the intervening parties present in the courtroom because sensitive issues involving minors would be aired.

Neither Judge Olmedo Arrocha, the prosecutor of the case, nor the defense of Deputy Arias opposed the petition. Judge Arrocha requested a hearing of precautionary measures by the Supreme Court Plenary.

The hearing will be Monday at 2:00 pm, the purpose of which is to apply precautionary measures to the deputy.

 

https://www.newsroompanama.com/news/lawmaker-charged-with-rape-and-libidinous-acts

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Calls for ouster of  alleged sexual abuse deputy

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Posted 18/10/2019

While the imputation hearing involving alleged sexual offenses by PRD  Deputy  Arqueli Arias was underway in the Supreme  Court on Friday,  dozens of young people including members of the Guna Yala community, protested,  in the grounds of the National Assembly calling for his separation from office. He has been charged with rape and libiidinous acts.

 

https://www.newsroompanama.com/news/calls-for-ouster-of-alleged-sexual-abuse-deputy

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Legislator accused of sex crimes under house arrest

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Posted 22/10/2019

LEGISLATOR  Arquesio charged with the alleged commission of crimes against integrity and sexual freedom when he was a doctor in Ustupu, Guna Yala region  must stay at home and is prohibited  from leaving the country  without a court order  and must surrender  his diplomatic and personal passports said a  ruling of the Supreme Court   plenary  after eight  hours of deliberation that ended at midnight on Monday, August 21.

A few minutes later, another 10-minute break was decreed. At 12.27 am, the decision was known, which had a salvage vote by Judge José Ayú Prado and an explanatory vote by Judge Jerónimo Mejía. 

Judicial sources said that the defense of Arias, the lawyer  Ángel Álvarez, requested that a precautionary measure to prevent him from leaving the country be imposed on his client so that Arias could “continue fulfilling his responsibilities”. While the prosecuting magistrate,  Olmedo Arrocha, filed a request for house arrest considering that it is the relevant measure in this case, given the possibility of destruction of evidence and to prevent the deputy from being absent from the process.

The complainant lawyer Eneida Barría had requested provisional detention for the deputy.

 

https://www.newsroompanama.com/news/legislator-accused-of-sex-crimes-under-house-arrest

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Lawmaker under house arrest will still be paid

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Posted 23/10/2019

The Democratic Revolutionary Party (PRD), deputy  Arquesio Arias, will continue to collect his salary even though he will not be attending the National Assembly while under house arrest accused of sexual crimes.

not attend the Assembly for having a precautionary measure of house arrest.

According to The Secretary-General of the l Assembly of Deputies, Quibián Panay they only received from the Supreme Court the notification of the precautionary measures to the deputy and it at no time refers to the suspension of the salary.

At midnight on Tuesday, October 22, the Plenary of the Supreme Court ruled that Arias should remain at home and deliver his diplomatic and personal passports, as a precautionary measure, while facing charges of alleged carnal rape and libidinous acts.

He is also banned from leaving the country without a court order.

Complaints against Arias arise from events allegedly recorded in 2018, when he worked as a doctor at the Ustupu health center.

The deputy has defended himself in the media, claiming that everything is a political plot against him and that he will not abandon his seat.

 

https://www.newsroompanama.com/news/lawmaker-under-house-arrest-will-still-be-paid

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Comptroller nixes salary for lawmaker under house arrest

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Posted 25/10/2019

PRD lawmaker deputy Arquesio Arias accused of the alleged commission of crimes against sexual freedom will not continue to receive his salary while under house arrest says The  Comptroller  General who has notified the National Assembly of the suspension of the payment.

Arias has been under f house arrest since Monday, October 21  and, by orders of the Supreme Court, agents of the National Police are commissioned to verify strict compliance with the measure.

The Comptroller said that "he will only be paid until the date Court issued the house arrest measure."

Deputy Arias, who has repeatedly denied having abused two women in the Guna Yala region when he was a doctor, also had his two passports removed: the diplomatic and the regular.

 

https://www.newsroompanama.com/news/comptroller-nixes-salary-for-lawmaker-under-house-arrest

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Sexual abuse case against Dr  lawmaker behind closed doors

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Posted 04/12/2019

PRD Deputy Arquesio Arias, under investigation by the Supreme for the alleged carnal rape and libidinous acts to the detriment of two women, one of them a minor, will face a test validation hearing requested by the magistrate Thursday. At the hearing, which will be behind closed doors, a series of elements compiled by Arrocha will be validated before the magistrate judge of guarantees in proceedings carried out by his office.

On October 19, Arrocha traveled to the community of Ustupu, in the Guna Yala region, where he interviewed residents about the activities developed by Arias when he worked as a doctor. In addition, he talked with relatives of the alleged victims and local authorities.

Arias maintains is under house arrest imposed by the full plenary of the Court on October 21. As a security measure, the deputy was ordered to deliver his personal passport and diplomatic passports.

Arias is investigated for two complaints. The first is with a child under 16, and the second, with a young woman of 22. The events would have occurred in Ustupu, in 2018.

The defense, says that there is no evidence that links his client with the alleged wrongdoing., Arias has said that the accusations against him have political motives.

Complaints against Arias were filed in 2018. They were transferred to the Supreme Court when he was elected Deputy

 

https://www.newsroompanama.com/news/sexual-abuse-case-against-dr-lawmaker-behind-closed-doors

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Lawmaker rape hearing rescheduled

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Posted 06/12/2019

The control hearing scheduled for Thursday, December 5 for  PRD deputy Arquesio Arias was suspended because of health reasons of the judge of guarantees, Harry Diaz, judicial sources reported.

Deputy Arias is being investigated in the Supreme Court for the alleged carnal rape and libidinous acts to the detriment of two young women, one of them a minor.

The hearing, which had been requested by the magistrate Olmedo Arrocha , was rescheduled for Thursday, December 12.

Arias remains under house arrest, a decision that was imposed by the full plenary of the Court on October 21.

As a security measure, the deputy was ordered to surrender his personal and diplomatic passports.

The Comptroller General has suspended his pay while he remains under house arrest.

 

https://www.newsroompanama.com/news/lawmaker-rape-hearing-rescheduled

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Judge validates evidence in lawmaker sex-crimes probe

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Posted 12/12/2019

Judge Harry Díaz, judge of guarantees of the case against  PRD lawmaker  Arquesio Arias for the alleged crimes of carnal rape and libidinous acts, validated a series of digital and documentary evidence presented by the prosecutor of the case   Judge Olmedo Arrocha .

In a  closed doors hearing, because a minor is involved,  on Thursday, December 12, Díaz endorsed material seized in the cell phones of the victims and Arias. He also decided to accept as evidence the testimonies collected on a tour to, in the Guna Yala region, on  October 19.

Dr Arquesio Arias , is investigated by the Supreme Court for the alleged violation of two women, one of them a minor.

On October 22, the plenary of the Court decided that Arias should remain under house arrest  and deliver his diplomatic and personal passports, while the process continues.

Complaints against Arias arise from events allegedly recorded in 2018, when the deputy of circuit 10-2 worked as a doctor at the Ustupu health center.

 

https://www.newsroompanama.com/news/judge-validates-evidence-in-lawmaker-sex-crimes-probe-1

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New sexual complaint against Deputy

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Posted 13/12/2019

Just a day after a court validated evidence in a sex crimes investigation of Democratic Revolutionary Party (PRD) Deputy, Arquesio Arias, a new criminal complaint for the alleged commission of the crime against freedom and sexual integrity. was lodged in the Supreme Court.

The legal action was carried out by lawyer Gina Tatiana Medina Vásquez  on Friday,  December 13

The new complaint is in the hands of magistrate Luis Ramón Fábrega who must examine it and determine if it meets all the requirements and then present it to the Plenary Session of the Court

The magistrates in the Plenary, who decide if they accept it or reject it. There is also the possibility that it may be annexed with the other complaints and for which Arias has a precautionary measure of house arrest.

The deputy was charged with the crimes of carnal rape and libidinous acts. On Thursday, December 12, Judge Harry Díaz , acting as a Judge of Guarantees, legalized the seizure of data presented by the magistrate, Olmedo Arrocha.

At the hearing, evidence seized on the cell phones of the victims and Deputy Arias was legalized. In addition, the testimonies collected on a tour to Ustupu, by Judge Arrocha, on October 19 were accepted.

This hearing was held in camera, in response to the Convention of the Child, when there is a minor involved, for crimes against modesty.

Complaints against Arias arise from events allegedly recorded in 2018, when he worked as a doctor at the Ustupu health center.

 

https://www.newsroompanama.com/news/new-sexual-complaint-against-deputy

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Imputan cargos por la supuesta comisión de delitos sexuales contra diputado Arquesio Arias

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Ariel Ríos

La magistrada juez de garantías negó esta tarde el desestimiento presentado por la abogada Alma Cortez, sobre la segunda denuncia por la supuesta comisión de delitos sexuales contra el diputado Arquesio Arias, por lo que se le realizó la imputación de cargos contra este.

 

Moderator comment: Below is an unedited automated translation of the above news article.

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Charges for the alleged commission of sexual crimes against Deputy Arquesio Arias

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Ariel Ríos • 26 Aug 2020 - 08:15 PM

The magistrate judge of guarantees denied this afternoon the dismissal presented by the lawyer Alma Cortez, on the second complaint for the alleged commission of sexual crimes against the deputy Arquesio Arias, for which he was charged with charges against him.

 

https://www.telemetro.com/nacionales/2020/08/27/imputan-cargos-por-la-supuesta-comision-de-delitos-sexuales-contra-diputado-arquesio-arias/3171294.html

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Lawmaker faces  second sexual  crime charge

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Posted 26/08/2020

Guarantees Judge Maribel Cornejo accepted on Wednesday, August 26, the request to impute charges to the doctor and PRD deputy, Arquesio Arias, for the alleged commission of sexual crimes against a minor, when he worked as a doctor in the region Guna Yala.

She denied the withdrawal of the complaint filed by the alleged victim.

During the hearing in the Supreme Court Cassation Chamber, Judge Olmedo Arrocha filed charges against Arquesio, in a second complaint of alleged sexual crimes.

Arias, was charged with the first complaint, alleged sexual abuse, and libidinous acts on October 18, 2019. He has been under house arrest and has been absent from The National Assembly.

 

https://www.newsroompanama.com/news/lawmaker-faces-second-sexual-crime-charge

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Lawmaker’s Covid delayed sexual crime hearing resumes

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Posted 30/10/2020

The accusation hearing against the PRD lawmaker Arquesio Arias, for the alleged commission of sexual crimes, was resumed  in a  Supreme Court  closed hearing Friday, October 30

The intermediate phase hearing, which is related to the first of the two processes being followed by the deputy of the Democratic Revolutionary Party, for the alleged commission of sexual crimes against a minor, was suspended on October 9.

The Supreme Court magistrate, Olmedo Arrocha, acts as a prosecutor and the magistrate Maribel Cornejo Batista, as a guarantee judge.

The first hearing began on September 11, and continued on October 9, and should have been resumed on October 14, but was suspended because one of the officials from the office of judge  Arrocha, tested positive for Covid-19.

Arias, has had the precautionary measure of house arrest since October 22, and his alternate Martelo Robinson was enabled to occupy his seat in the National Assembly.

 

https://www.newsroompanama.com/news/lawmakers-covid-delayed-sexual-crime-hearing-resumes

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