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Four Bills With Disastrous Consequences

Posted 30/03/2022

Four bills rest on President Laurentino Cortizo's desk, the sanction of which would have disastrous consequences for the country.

There is, for example, the one that would allow the re-election of the controversial rector of the Autonomous University of Chiriquí, Etelvina Medianero de Bonagas, whose muscle among the deputies has been in evidence.

In addition, the project that modifies the rules for the revocation of the mandate of the deputies awaits sanction –or presidential veto–. If sanctioned, they would not be exposed to losing their seats for taking, as a bench, decisions other than the guidelines of their respective party. In other words, the process that Democratic Change follows 15 of its deputies would, theoretically, be without effect. With this decision, Cortizo, at a stroke of the pen, would make another suit tailored to the political interests of those who from the Legislature allow him to govern.

All this without counting the project that modifies the structures of the patronages that serve health entities and the one that has to do with the nationalization of the historian career. How long will the president allow the political whims of co-partisans and allies to hijack the country's interests? If he expects that we have forgotten the consequences of him when he signs these bills, he is sorely mistaken – LA PRENSA, Mar. 30.

https://www.newsroompanama.com/opinion/four-bills-with-disastrous-consequences

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Private enterprise knocks Unachi sanction

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Posted 03/04/2022

The National Council of Private Enterprise (Conep) expressed concern about  President Cortino’s sanctioning of the bill through which the rector of the Autonomous University of Chiriquí (Unachi) Etelvina Medianero de Bonagas is allowed to run for a third term. "This law does not pay anything for the development of higher education," the group raised through its Twitter account.

The presidential sanction appeared  Friday, April 1, in the Official Gazette, and gives Medianero de Bonagas the green light to run for a third term, just as it allows the deans, vice deans, and directors and deputy directors of regional centers to opt for a second consecutive term.

"Education has never been, nor will it be the star of this government," Panamanian teacher and writer Ileana Gólcher reacted The approval for Medianero de Bonagas to be re-elected "is the height of contempt for the decent Academy in Panama."

Meanwhile, the Panamanian lawyer and former minister Rodolfo Aguilera pointed out that in Unachi the vote of 800 professors is worth 60% of the vote and that of 20,000 students is only worth 30%. In his opinion, “that is not democracy, it is oligarchy”. He added that consecrating the re-election of the rector promotes the purchase, with salary increases, of the overvalued teacher vote.

In recent weeks, Unachi professors and students have carried out several demonstrations and closures on the Inter-American highway to demand respect for university autonomy. "No more re-election in Unachi" was the slogan.

The norm was approved last February 24 in the National Assembly, with 48 votes in favor, five against, and one abstention.

After the announcement of the presidential sanction of this project, Unachi is a trend on social networks.

https://www.newsroompanama.com/news/private-enterprise-knocks-unachi-sanction

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Three US authorities cite Panama corruption

Posted 04/04/2022

study on corruption prepared by the Council of Lawyers for Civil and Economic Rights – a program of the Cyrus R. Vance Center for International Justice of the New York Bar Association – concluded that in Panama “the anti-corruption regulatory framework is insufficient”, and that “there is a lack of prevention mechanisms, regulation of conflicts of interest, domain extinction”, to which is added “the existence of very weak sanctions”. For its part, the rating agency Fitch Ratings indicated that in Panama the governance indicators on the control of corruption are weaker than in other countries with a similar level of risk rating, which weakens the sovereign risk profile. In turn, the Morgan Stanley bank concluded that "the main governance problem in Panama is corruption" and its permanence on the gray list of the Financial Action Task Force, which it is due to deficiencies in preventing and prosecuting money laundering. Three organisms conclude the same: our problem is corruption. It is not the supposed legal insecurity or political persecution, as Ricardo Martinelli says. Foreign investment will not come to the country because criminals do not go to jail. End of story. – LA PRENSA, Apr. 4.

https://www.newsroompanama.com/opinion/three-us-authorities-cite-panama-corruption

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Decisions for political purposes reflected in growing mistrust – business chamber

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Four out of five Panamanians see no job stability.

Posted 10/04/2022

Levels of mistrust that have not been seen since the harshest moments of the Covid-19 pandemic, in June 2020 following the lack of accurate actions and decisions for political purposes says  Panama’s Chamber of Commerce, Industries and Agriculture (Cciap) in its weekly newletter.

Taking as reference the latest report of the Panamanian Consumer Confidence Index, the Chamber highlights that “The fall is the cry of citizens in the face of a reality that does not give them hope of fulfilling basic objectives such as obtaining a job or saving. For the measurement of March 2022, four out of five Panamanians show distrust about their job stability and, therefore, the expectations about the probability of saving money are similar”.

The statement underlines that this mistrust is probably reflected in the organized street closures in order to demand the government's attention to resolve demands on drinking water, decent aqueduct and sewage systems, street repairs, communication routes and education. quality.

The Chamber emphasizes that although the claims of these people are justified and require timely responses from the authorities, they also affect the rights of third parties.

“Neither the closures nor the inaction of the authorities is admissible. We have to act”.

It is recalled that the public sector and private companies have worked on actions to achieve socio-economic and sustainable development. In addition, this requires a prioritized and assertive public execution to obtain immediate results.

“The time of words is behind us. The consequences of inaction are already beginning to be reflected.”

https://www.newsroompanama.com/news/decisions-for-political-purposes-reflected-in-growing-mistrust-business-chamber

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Attorney-General confirms return of prosecutors after  dismissal of complaint

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Javier Caraballo

Posted 12/04/2022

The acting Attorney General Javier Caraballo confirmed Tuesday, that the return of prosecutors Ruth Mocillo, Zuleyka Moore, Adecio Mojica, Tania Sterling, and Nahaniel Murgas, to their work as investigative officers occurred after his office decreed a dismissal provisional version of the complaint filed by the former Minister of Education Lucy Molinar.

Caraballo, when questioned by various media, reported that a provisional filing of the investigation was made, after not finding evidence that would prove criminal conduct.

He explained that the case had the testimony of the protected witness Euro 14, who in a hearing revealed alleged pressure to testify against high-ranking officials of the Ricardo Martinelli administration, but the witness pointed out that no prosecutor intimidated him or forced him to declare in a certain way.

Caraballo said that Morcillo returned to the anti-corruption prosecutor's office; Moore (who was in a prosecutor's office in San Miguelito) was sent to the sexual crimes section; Mojica went to the San Miguelito homicide prosecutor's office; meanwhile, Sterling is disabled due to ill health. While Murgas was designated in the Metropolitan Prosecutor's Office, a section of crimes against property.

The official explained that these relocations of prosecutors are due to the new management system implemented in the Public Ministry to optimize human resources and speed up investigations.

The complaint filed by Molinar against the prosecutors –for the alleged commission of the crimes of simulation of a punishable act, slander in legal proceedings, among others– was based on a statement made by Abraham Williams, also known as the protected witness Euro 14, who collaborated with the Anti-Corruption Prosecutors in the cases of alleged corruption detected in the extinct National Aid Program (PAN) and that would have been perpetrated during the five-year period 2009-2014.

https://www.newsroompanama.com/news/attorney-general-confirms-return-of-prosecutors-after-dismissal-of-complaint

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An end to shameless double-dipping?

Posted 11/04/2022

The impudence and complicity of both the Comptroller and the deputies who allowed the shameless payment of paid licenses to corregimiento representatives, alternates, mayors, and deputy mayors has fortunately found its end.

A ruling by the Supreme Court of Justice has determined that this figure creates jurisdictions and privileges and, therefore, is unconstitutional. In other words, for a long time, the existence of a caste was allowed for which the rules of the game were different, for the simple fact of acting in favor of the political interests of the deputies. Once again it is demonstrated that the loyalties of the deputies are neither with the country, nor with the voters, but with themselves and with those who with the same self-confidence help them remain in power to continue doing their thing.

This is how the disgusting vicious circle that our Creole politics has become works. But the list of privileged officials who receive paid leave while they are appointed in other institutions is much longer, so now it remains to be seen, how long will they continue to violate our Constitution? –  LA PRENSA, Apr. 11.

https://www.newsroompanama.com/opinion/an-end-to-shameless-double-dipping

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OPINION: Corruption diversified

Posted 17/04/2022

For every step forward, one or two steps back in public administration. The Municipality of Arraiján, in the midst of this pandemic, granted salary increases to officials from the zero circle of the mayor and councilors. This increase is ordered after the Comptroller's Office eliminated transportation expenses, with which local authorities obtained extravagant income of $10,000 or more, and at a time when the Supreme Court of Justice declared illegal the payment of paid licenses for officials with popularly elected positions.

In other words, while trying to clean up public affairs, local authorities and other officials manage to avoid the prohibitions through tricks that leave much to be desired from their ethics. These raises – deserved or not – have a whiff of politics, especially because of their closeness to the mayor and his loyal councilors.

 These are increases in municipalities that have very limited resources in which it seems to be more important to have a large payroll than to invest in the necessary works in favor of the community. It is a pity that the voracious appetite of politicians has found an echo and welcome in local governments. It is the diversification of corruption. LA PRENSA, Apr.17.

https://www.newsroompanama.com/opinion/opinion-corruption-diversified

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Evaluation of Panama justice system begins July 1

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María Eugenia López.

Posted 18/04/2022

The Administrative Council of the Judicial Career, chaired by Judge Abel Augusto Zamorano, announced on March 22 the start of the process that seeks to guarantee "equal opportunities for all evaluated and due publicity and transparency”.

The process, which will take a year, is divided into 12 stages that start on July 1 and conclude with the final evaluation, consolidation, and communication of the results, between the months of July and August 2023.

The regulation establishes an assessment or score for each of these areas and provides that when these personnel are evaluated and do not achieve a score equal to or greater than 70%, this will constitute a temporary impediment to their transfer and promotion. If the person fails to pass the evaluation in the following consecutive period, he will lose status as a servant of the judicial career.

Points system
To evaluate the performance of judicial servants, aspects such as productivity (45%), competencies (25%), good judicial or administrative practices (10%), compliance with ethical standards and discipline (10%) the work environment (5%) and the quality of user service (5%)will be valued.

On March 4, the president  of the Supreme Court, María Eugenia López, presided over the swearing-in ceremony for the officials who will be in charge of assessing the competencies of judicial servants for performance evaluation

The team will be in charge of the permanent certification of the competencies required for the performance of the different jobs of the institution and, they will guide the processes of selection, training, and substantiation of the certification and recertification procedure of the applicants and members of the Judicial Branch.

The law that creates the judicial career was approved in 2005, but to date, the Judicial Branch has not achieved its implementation and most of the judges and magistrates are appointed on an interim basis.

Judicial delay continues to be a challenge for the administration of justice. At the end of 2019, there were 93,592 files in process. In 2020, the figure was 73,000 and in 2021 it reached more than 66,000.

https://www.newsroompanama.com/news/evaluation-of-panama-justice-system-begins-july-1

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Complaint against Vice President for misuse of public funds

Posted 22/04/2022

A complaint was filed with the Administration Attorney's Office on Friday, April 22, for alleged administrative failure in the management of State resources by the Vice President and Minister of the Presidency, José Gabriel Carrizo.

Lawyer Ernesto Cedeño, who filed the complaint, explained that a "partisan political" message from Vice President Carrizo was broadcast through the State Radio and Television System (Sertv) on the night of April 20."This violates the Code of Ethics, in its articles 25, which talks about the proper use of public funds," said Cedeño.

He said that although the code establishes a reprimand or temporary suspension as a sanction, the message must be forceful: “public assets must be managed as a good father of a family and it cannot be that a partisan political message has been broadcast on a state channel, which is a public good”.

https://www.newsroompanama.com/news/complaint-against-vice-president-for-misuse-of-public-funds-1

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Panama justice slammed in US human rights report

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Ricardo Martinelli exonerated in illegal wiretapping case.

Posted 27/04/2022

The legal process that exonerated former President Ricardo Martinelli of illegal wiretapping in a second trial on November 9 a decision condemned by many prominent members of civil society was highlighted in the 2021 Human Rights Report of the United States Department of State regarding Panama.

 It alluded to the lack of criminal convictions in corruption cases which, according to the document, supports the widespread public opinion that the judicial system is susceptible to corrupting influences both internal and external, and that most of the allegations of manipulation in the justice system are related to the influence of political actors and.

In terms of corruption and lack of transparency, it was concluded that this continues to be a serious problem in the Executive, Judicial and Legislative bodies, as well as in the security forces.

In this sense, some judicial cases were named, such as New Business where 25 people are accused of using $43 million in public funds to buy a local newspaper group and the accusation against former presidents Martinelli and Juan Carlos Varela, and three former ministers for corruption related to the Odebrecht case

They also mention the scandal after journalists found that a private clinic clandestinely administered Pfizer vaccines and charged for it, when at that time they were managed by the Ministry of Health.

Similarly, it was indicated that there were no developments in the 2020 investigations by the Public Ministry related to the alleged overpricing paid by national government institutions for ventilators and the purchase of used ventilators to treat covid-19 patients.

Security forces
The report also refers to corruption, and the lack of accountability in the security forces continued.

In this sense, it is pointed out that the public security forces did not have an impartial investigative entity for internal investigations.

“The absence of clear standard operating procedures allowed officers discretion in each case. The lack of regular audits of operations to monitor efficiency, effectiveness, accountability, and transparency contributed to the problem,” the report details.

Regarding freedom of expression, including for members of the press and other media, it is indicated that the government generally respected this right, but journalists and the media observed that criminal and civil lawsuits for defamation and slander continued, which they considered “a threat” to freedom of expression and freedom of the press.

https://www.newsroompanama.com/news/panama-justice-slammed-in-us-human-rights-report

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Tourism Tax Incentives Abuse

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Posted 01/05/2022

The issue of tax incentives promoted by the Legislative and Executive for tourism projects, in which the State waives the collection of taxes in favor of companies and real estate, continues to worsen, to the point that a reform to Law 122 of 2019 that allows 100% tax exemption, has been rejected by prominent professionals and politicians –including prominent figures who worked and/or are members of the PRD– and they asked the president to veto it. The reason is that tax credits are protected in favor of a small group of investors, which range between 60% and 100% of the amount of their investments in tourism projects. This is equivalent, according to the complainants, to "citizens defraying the cost of the tourism investments that they carry out", having only them as beneficiaries. And although these professionals define this as an "abuse", the truth is that this is the legalization of an open and brazen dispossession of the State. Those businessmen will save hundreds of millions of dollars, thanks to the generosity of unscrupulous politicians who, surely, are returning – with disproportionate interest – what some of them “invested” to make it easier for them to come to power.- LA PRENSA, May 1.

https://www.newsroompanama.com/opinion/tourism-tax-incentives-abuse

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Spanish investment groups denounce Panama scam

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PARADISE LOST - Río Indio is a corregimiento in the district of Donoso, Colón.

Posted 14/05/2022

Two Spanish investment groups have denounced the legal insecurity in Panama after a company from the country had committed a $7 million scam by selling them the same land to undertake urban projects in the Caribbean reports the Spanish newspaper El Mundo.

The Spanish investors involved in the event, dating back 15 years, are the Olloqui Group, of Spanish origin, with shareholders from the United States, and the Spanish Boluda Group.

According to the publication, the Finca de la Salud was the dream of tourism investors on the coast of Panama. It was described as an area of 1,200 hectares, four kilometers of beach, and two kilometers on the right bank of the Río Indio, in Colón.

The two Spanish groups sought to develop a sports marina, golf course, airport, resort hotels, and tourist apartments.

The first company interested in developing the project was the Sociedad Caribbean Paradise Panama, belonging to the Olloqui Group, which on February 7, 2006, signed a promise of sale agreement for $17 million with the owner: Ganadería Panameña, SA. The company was represented by Jorge Edingh Palis Vázques, belonging to the Panamanian Palis family, of Lebanese-Colombian origin.

On May 7, 2007, the date agreed for the closing of the sale of the Finca de la Salud, the legal representative of Caribbean Paradise went to the Panamanian notary's office with the amount pending payment, but that day the seller did not appear to close the sale.

Shortly after, Caribbean Paradise learned that the following day (May 8, 2007, the seller Palis had signed, in the same notary's office, a contract for the sale of the same Finca de la Salud with Caribal SA, a subsidiary of Yaiza Trust, belonging to the Spanish group Boluda.

Until then neither of the two investors knew of the existence of the other.

The publication says that, in the case of Caribal, the sum agreed by the Health Farm itself was $27.9 million that is, $10.9 million more than what the owners requested from the Olloqui Group.

The investors told El Mundo about the obstacles they have found in their processes (which they manage independently) due to the Panamanian justice system.

The seller Palis appointed the brothers Darío and Carlos Carrillo Gomila as lawyers; The latter is one of the defenders of former Panamanian President Ricardo Martinelli, implicated in several legal proceedings.

https://www.newsroompanama.com/news/spanish-investment-groups-denounce-panama-scam

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An Assembly brawl between thugs

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Posted 26/05/2022

When you take sides in politics, you have to accept that the price must be paid. And that is what is happening between the Executive and the National Assembly, where the winners of the last internal electoral contest of the PRD are taking a toll on those who did not support them. 

Those who lost are not saints, on the contrary, they shamelessly made use of their position in the Government to divert State resources in order to recruit supporters, for their customary clientelism. So what we will see in the National Assembly – where the winning side is – is not an act of accountability, although the deputies want to pass it off as such. It is, in fact, an act of revenge between factions, whose members disputed state funds for their partisan purposes. 

Patronage took over the Ifarhu, the Seed Capital program, Decentralization, and the State payroll to get the votes. Now, the losers are summoned to make them go through public scorn, ridicule them, and, above all, send them a clear message about who is really in charge in the government. In other words, summoning officials to the National Assembly is nothing more than a brawl between thugs. – LA PRENSA May, 26.

https://www.newsroompanama.com/opinion/an-assembly-brawl-between-thugs

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OPINION: No More Electoral Crime!

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Posted 02/06/2022

In a solemn act held yesterday, the Electoral Tribunal (TE) officially convened the 2024 elections to elect the President of the Republic, deputies, mayors, and corregimiento representatives. This is a fairly wide door, because, in some cases, there will be no shortage of opportunists who, under the protection of electoral privileges, will try to evade justice, a situation that the TE magistrates can put a definitive stop to if they are respectful of judicial processes against people who will seek that refuge through candidacies and internal and external electoral processes. We hope that the TE corrects the course and, at the same time, pays more attention to the issue of electoral patronage, both with private funds and especially with State funds. If the role of the TE is to guarantee the purity of the vote, their duty is to teach a lesson to those who, through vote trading, want to reach positions of popular election through this route. The TE and its dependencies cannot look the other way when the use of official resources to achieve these positions is evident. This is an attack against democracy, it is a fraud, the equivalent of a vulgar assault on power. No more buying of consciences; no more electoral crime. – LA PRENSA, Jun.

https://www.newsroompanama.com/opinion/opinion-no-more-electoral-crime

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OPINION: Whose in charge of Panama?

Posted 14/06/2022

In the state company Mi Bus there are 300 damaged units, waiting for parts that may arrive in a month or six months; In the Urban and Home Cleaning Authority there is no way to collect garbage due to lack of equipment and surely also gray matter; The National Police does not find the whereabouts of a former mayor convicted of crimes against the public administration when there are people who run into him everywhere; The Government manages the State budget with such carelessness that the rating agencies have openly warned that Panama may lose its risk rating. In politics, almost the entire caucus of Cambio Democrático was expelled and its mandate revoked for giving its vote for president of the National Assembly to a PRD, while the latter yesterday joined the defense of its opposition as if it were a member of CD; The President of the Republic vetoes – without a single compelling reason – a law against the conflict of interest while his government spends $725 million from the Panama Savings Fund without telling anyone or explaining why he used money that he should have expressly requested. News of only about three days that leads us to ask ourselves, is someone in charge of the country? - LA PRENSA , Jun. 14.

https://www.newsroompanama.com/opinion/opinion-whose-in-charge-of-panama

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Third high-profile prosecution stalled by defense

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Posted 23/06/2022

Another hearing of a high-profile process, whose investigation has taken several years, was postponed due to a legal appeal filed by one of the defendants.

This reports La Prensa is the investigation followed by the Anti-Corruption Prosecutor for the alleged commission of the crime of embezzlement in the contract for the design and remodeling of the Domingo Díaz road.

The defense of the former Minister of Public Works Federico Suárez appealed a decision of the Second Liquidator Court of Criminal Cases, which rejected a request to join the process with the investigations – also for alleged embezzlement – inherent to the contracts for the design and construction of phases I and II of the Vía Brasil corridor and the Old Town road remodeling project.

This is the second time that the preliminary hearing of the case of the Domingo Díaz road has been suspended due to the resources of the accused. Now, the process must go to the Superior Court of Liquidation, so that it decides if it accumulates the three files.

New Business
It is the third high-profile case that suffered setbacks in recent days. This week the Prosecutor's Office against Organized Crime was notified of a ruling by the First Superior Court that annulled the preliminary hearing in the New Business case – which follows the trail of the purchase of the group Editora Panamá América, SA presumably with public funds –, due to an injunction filed by Daniel Ochy.

This implies that Judge Baloisa Marquínez must repeat the act held on January 27. However, the prosecution appealed the ruling to the Supreme Court.

In addition, the lack of notification of Ricardo Alberto and Luis Enrique Martinelli Linares forced the suspension last Monday of the trial of the Blue Apple case, related to the alleged payment of bribes by state contractors so that they were awarded works in the government of Ricardo Martinelli (2009-2014). The new trial date was set for August 16.

Another hearing suspended this year is that of the Piso y Techo case. It was scheduled from April 11 to 13 and then from May 25 to 27, but was suspended both times.

Meanwhile, the Second Liquidator Court of Criminal Cases suspended on March 31 the trial of four people for alleged embezzlement in the allocation of contracts through the extinct National Assistance Program for the purchase of dehydrated food; this, after several of the defendants appealed evidence from the prosecution.

In the opinion of the former Minister of Security Rodolfo Aguilera, these are resources that delay the processes, aimed at seeking the prescription of the criminal activity.

https://www.newsroompanama.com/news/third-high-profile-prosecution-stalled-by-defense

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Independent bench seeks Assembly nepotism  probe 

Posted 06/07/2022

The independent bench of the National Assembly requested on Wednesday, July 6, for the National Authority for Transparency and Access to Information (Antai) to carry out an inspection process to detect possible faults to the Code of Ethics, specifically nepotism.

They also asked him to investigate the central government spreadsheets. The deputies Gabriel Silva, Juan Diego Vásquez, Edison Broce, and Raúl Fernández based their request on the fact that Law 13 of 2013 empowers Antai to sanction officials who commit violations of the Code of Ethics.

They recalled that there are regulations that prohibit officials from engaging in acts of nepotism.

The request comes a day after a complaint was circulated indicating that deputy Adán Bejerano, who recently resigned from the independent caucus, allegedly had relatives named on the legislative payroll.

https://www.newsroompanama.com/news/independent-bench-seeks-assembly-nepotism-probe

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A damning indictment of Panama’s justice system

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Posted 20/08/2022

The shortcomings and errors of Panama’s judicial system were laid bare in a recent diagnosis by the Cyrus R. Vance Center for International Justice and the Central American Federation of Judges for Democracy reports La Prensa.

It speaks of the influence of, political actors and the private sector in the appointment of magistrates and judges and the inadequate implementation of Law 53 on the judicial career, and refers to impunity in cases of corruption.

“In general, citizens and organizations observe that there are no convictions for major corruption cases in the country. Most cases are dismissed due to procedural errors or lack of evidence," the document says.

It  warns that "many cases of human rights violations are observed, such as sexual abuse of minors in shelters, in which justice does not seem to act."

"There are multiple cases of corruption of judges and magistrates that have come to light and are under investigation, including cases of bribery by lawyers and cases of judicial default associated with the corruption of judicial officials," warns the study.

When the diagnosis incorporates “corruption in the judicial system”, they mention the case of the son of Judge Cecilio Cedalise, who in 2020 was arrested in the middle of an operation for a drug and arms trafficking case. Days later, the plenary session admitted protection of guarantees that protected him from the precautionary measures ordered by a judge.

Executive interference
The study says "there is interference by the Executive Power when proposing, through the Cabinet Council, candidates for magistrates of the Supreme Court who are related to the government of the day”.

They also mention that "due to conflicts between the powers of the State, the Legislature has not ratified candidates proposed by the Executive."

The most recent example of this scenario occurred in December 2017, in the government of Juan Carlos Varela (2014-2019), when a National Assembly controlled by deputies from the PRD and Democratic Change refused to ratify anti-corruption prosecutor Zuleyka Moore and the lawyer Ana Lucrecia Tovar de Zarak, as magistrates.

If there is something that the government of Laurentino Cortizo is proud of, it is the appointment of the magistrates. The president and his spokespersons recall the role that civil society has played in the appointments. With this mechanism, López Arias, Carlos Vásquez Reyes, Maribel Cornejo, Miriam Cheng and María Cristina Chen arrived at the court. Now they are looking for a replacement for José Ayú Prado, whose term expires December 31. Cortizo has the names of 11 lawyers who passed the filter of an evaluation commission.

https://www.newsroompanama.com/news/a-damning-indictment-of-panamas-justice-system

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“Citizens’ Commission Against Corruption” Created in Panama

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September 8, 2022

Panamanian President Laurentino Cortizo announced the implementation of the executive decree establishing the “Citizens’ Commission against Corruption.”

The commission members “will be able to file complaints before the Public Prosecutor’s Office, special prosecutors or other instances, for possible punishable acts against the public administration,” according to a statement by the president on Twitter.

Two representatives of the three members within the single dialogue table will make up the commission: Bastion of Struggle of Eastern Chiricano, Ngäbe Buglé People and Peasants, United Popular Alliance for Life, and National Alliance for the Rights of Organized Peoples.

The executive body will appoint the commission members, including their respective alternates, at the proposal of their respective social organizations.  They will serve for a term of two years and may be reappointed.

The “Citizens’ Commission against Corruption” is empowered to present possible cases of corruption occurring in public entities, denouncing them to the Public Prosecutor’s Office or special prosecutors’ offices.    

However, it will have no competence to act in the processes developed within the justice administration system or in matters exclusively competent to the National Authority for Transparency and Access to Information. (https://www.telesurenglish.net/news/Citizens-Commission-Against-Corruption-Created-in-Panama-20220902-0018.html)

https://newsinamerica.com/en/othernews/2022/citizens-commission-against-corruption-created-in-panama/

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Vice-president gives verbal backhander to deputy

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Posted 29/09/2022

In support of the budget view of the Ministry of the Presidency, Vice President José Gabriel Carrizo made strong accusations against Deputy Juan Diego Vásquez saying that with him around the impetus of the Torrijos Carter treaties would have been broken.

Carrizo was reacting to d Vásquez's questions about the accountability of the money used during the pandemic with the State of Emergency and said that his office made a report of all the expenses that were made and that they were published in newspapers.

“ Let's respect the Assembly, let's respect the Judicial Organ, and let's respect the Executive. What could I think, of you being a deputy in 1977 when the United States said that in 30 years they would give us the Canal, I think that with your impetus you would have broken it and today we would not have a Canal, ”said Carrizo.

He said they want a generation that builds the country, not destroys it, and recommended that Vásquez read the reports from the Comptroller General that indicate that unemployment has gone from 2 digits to one digit and does not become a risk for the system.

Deputy Vásquez responded on Twitter: " Yes, I am a risk to the system, but to the corrupt system that many live on.

“The Vice President is walking in wonderland. He reads and listens to what he wants. The country must be built without corruption. I do read the opinions of the people and there are millions tired of this bad government”.

Vásquez has been one of the most outstanding deputies of the independent bench and even of the National Assembly itself for his questioning of acts that he considers incorrect and immoral, and even when he questions the ministers in the Budget Commission says TVN.

https://www.newsroompanama.com/news/vice-president-gives-verbal-backhander-to-deputy-1

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Burden of proof flips for money laundering

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Posted 03/10/2022

The preliminary hearing of the Odebrecht case, in which 49 natural persons and one company are charged, has had as its object the prosecution of a single crime: money laundering writes legal analyst Rodrigo Noriega in La Prensa.

Despite the impressive presence of defense attorneys in the case, there are particularities of the crime of money laundering that differentiate it.

In a ruling of the plenary session of the Supreme Court (CSJ) dated October 16, 2014, then magistrate Harry Díaz expressed in his presentation that: “According to the base criminal type of the crime of money laundering. Any person can be the author of an offense of this nature, as it is an undifferentiated active subject crime, as long as the elements of the crime are combined: 1. The intention to carry it out or representation of the realization. 2. Knowledge of the criminal origin of the assets subject to money laundering. 3. Performance of the behaviors provided for in article 254 of the 'Criminal Code.

The crime of money laundering is autonomous, that is, it does not require a final conviction for a previous crime in order for criminal conduct to be verified. The jurisprudence of the CSJ has been consistent in this interpretation.

In a ruling of the Second Criminal Chamber of the CSJ on January 24, 2005, with the presentation of Judge Aníbal Salas Céspedes, it is stated that: “... the crime of money laundering is a type autonomous penal…”

Another example is the decision of the Second Chamber dated June 4, 2012, with a presentation by Judge Luis Mario Carrasco, who stated: "Regarding the full accreditation of the previous crime, the jurisprudence of this Chamber has inclined to consider that this is not necessary. The position is due to the complex range of relationships that take place in the criminal management of money laundering and that the legal asset that is aspired to protect is that of the national economy.

Judge Ayú was rapporteur of a ruling of the same Chamber, dated November 27, 2014, in which the consideration that the Court has had of money laundering is reiterated: "The crime of money laundering, pursues the performance of financial and commercial operations, with the purpose of granting illicitly acquired assets a lawful appearance, attacking the national economy, as a protected legal asset. The highest body of justice, via jurisprudence, has indicated that it is autonomous conduct that does not require a conviction for a previous crime to constitute an indication against the accused; however, evidence is required to allow the existence of a prior offense to be deduced…”.

Burden of proof
The Court abounds in jurisprudence that has maintained the same line of interpretation on this crime. However, there is another peculiarity of the criminal type that makes it even more interesting: the reversal of the burden of proof.

In the vast majority of crimes, the criterion is applied that either the prosecution or the complaint must prove, beyond doubt, the commission of the punishable act. This is the presumption of innocence at its best.

There is a family of economic crimes in which once the Public Ministry provides significant evidence of criminal conduct, it is up to the accused person to demonstrate the legality of their asset management. These crimes are tax evasion, illicit enrichment, and money laundering.

Thus, the CSJ has ruled repeatedly on this criminal procedural criterion with rulings of the Second Chamber, such as the one given by Judge Jerónimo Mejía on June 16, 2014, which states: “…besides that in the crime of money laundering, the burden of proof is reversed and it is the defendant who must demonstrate the legality of the funds he possesses”.

 Judge José Ayú Prado  said on November 27, 2014, in his speech, in a ruling by the Second Criminal Chamber: “...Although, in cases of money laundering, the charge of the evidence is inverted, this is not an obstacle for the investigating officer to carry out the necessary procedures, in order to obtain those elements of evidence that distort the exceptions that the defendant could offer in this regard.”

These two major criteria, that of the autonomy of the crime of money laundering and that of the reversal of the burden of proof thereof, must be part of the first-level considerations that Judge Baloisa Marquínez,  must make to issue a summons to trial. If a trial is held, these two criteria will be the subject of discussion that will accompany the case until its final outcome. money laundering is not just any crime, and this case is not just any litigation.

The rulings outlined are part of the study: "Extracts of doctrine and jurisprudence on money laundering for the Republic of Panama", prepared by Grisell Mojica Aguilar and Monique Polanco; with the collaboration of Barzy Hernández. This study was conducted for the United Nations Office on Drugs and Crime, Interpol, and Transparency International.

https://www.newsroompanama.com/news/burden-of-proof-flips-for-money-laundering

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Daughters of  power brokers get ‘economic aid’

Posted 21/10/2022

The Institute for Training and Use of Human Resources (Ifarhu) is once again in the eye of the storm after publications that show that the daughters of people close to power received onerous 'economic aid' reports  La Prensa.

María Alejandra Panay Marín, daughter of the secretary general of the National Assembly) and former deputy of the PRD, Quibián Panay, is another of the beneficiaries of "economic aid" granted by the Institute under the direction of Bernardo Nando Meneses, former secretary of the PRD Youth Front.

So far Meneses has given two grants to the daughter of the secretary of the Assembly that total $81,730. The first was $59,230, which was endorsed by the Comptroller General in October 2021.  The second for $22,500 received the approval of the comptroller, in February 2022.

 Panay Marín has been pursuing a master's degree in project management since January 2022 at De Montfort University, in Leicester, England.

Before leaving to pursue her master's degree, Panay Marín worked at Ifarhu,  in Meneses's office, as "executive assistant to the CEO." She was in that position for two and a half years, from July 2019, when the government of Laurentino Cortizo assumed power.

Panay Marín in her social media posts is seen next to her father, wearing PRD hats and shirts.

Asked about the economic aid granted to his daughter, Panay assured La Prensa: "the management and achievement of this procedure is her merit as a young Panamanian professional."

On Wednesday, the digital site Foco Panamá revealed that Ifarhu granted n economic aid of $61,000 to Paola Testa Rodríguez, daughter of the PRD deputy Zulay Rodríguez. Both Meneses and the deputy f assure that the aid was given to Testa based on her academic and sports skills since they clarify that it is funding to complete the payment of a university career that has a sports complement at a university in the US.

Rodríguez posted messages on Twitter, to justify the benefit. She assured that her daughter is a "national tennis player" since she was a child she has participated in the tournaments of the International Tennis Federation.

"I would have liked to be able to cover 100% [of the cost of the university], but unfortunately it was not possible... I cannot give you an exact figure, but we are talking about hundreds of thousands of dollars,".

"To be clear, not even adding my net salary for 5 years could have covered the entirety and you know that I am not a millionaire,"

Rodríguez earns a salary of $7,000 a month in the Assembly as a deputy, without adding what she receives as president of a permanent work commission.

Her husband lvaro Testa, is a Panama Canal pilot with a base salary of $18,305 a month (an amount that can sometimes be doubled, with extra hours of service ).

Meneses said the "economic aid" in favor of the deputy's daughter was given "for her academic and sports performance."

https://www.newsroompanama.com/news/daughters-of-power-brokers-get-economic-aid

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Judge arrested after early release of long-term prisoner

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Cossio was re-arrested and returned to El Coco.

Posted 22/10/2022

Alternate judge Gerardo Ríos was arrested on  Friday, night October 21, on the orders of the Anti-Corruption Prosecutor's Office.

The arrest followed the investigations after Ríos released detainee José Cossio, held in the Punta Coco maximum security prison, located on Isla del Rey, in the Las Perlas archipelago.

On  Saturday, Ríos will face a hearing before a judge of guarantees to legalize his arrest, present the accusation and request precautionary measures.

On September 14, 2020, Ríos ordered Cossio's release, despite the fact that he was serving a 74-month prison sentence for drug-related crimes.

The irregularities in Cossio's release were alerted by officials from the Drug Prosecutor's Office, who, when reviewing compliance with the sentence imposed on Cossio, detected that he had not fully complied with it.

Ríos was a substitute judge of the First Criminal Cases Liquidator Court.

https://www.newsroompanama.com/news/judge-arrested-after-early-release-of-long-term-prisoner-alternate-judge-gerardo-rios-was-arrested-on-friday-night-october-21-on-the-orders-of-the-anti-corruption-prosecutors-office-the-arrest-followed-the-investigations-after-rios-released-detainee-jose-cossio-held-in-the-punta-coco-maximum-secorityprison-located-on-isla-del-rey-in-the-las-perlas-archipelago-on-saturday-rios-will-face-a-hearing-before-a-judge-of-guarantees-to-legalize-his-arrest-present-the-accusation-and-request-precautionary-measures-on-september-14-2020-rios-ordered-cossios-release-despite-the-fact-that-he-was-serving-a-74-month-prison-sentence-for-drug-related-crimes-the-irregularities-in-cossios-release-were-alerted-by-officials-from-the-drug-prosecutors-office-who-when-reviewing-compliance-with-the-sentence-imposed-on-cossio-detected-that-he-had-not-fully-complied-with-it-rios-was-a-substitute-judge-of-the-first-criminal-cases-liquidator-court

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Health Ministry administrator arrested in laundering and embezzlement probe

Posted 26/10/2022

The former National Director of Administration of the Ministry of Health (Minsa) was arrested Wednesday, October 26, for his alleged link to the crime of aggravated embezzlement and money laundering to the detriment of the institution, the entity reported in its social networks.

  Through Operation foam in coordination with the National Police, the Anti-Corruption Prosecutor's Office carried out the operation for events related to irregularities in hiring by special emergency procedure, due to the covid-19 pandemic. Without revealing names, the MP reported that the operation is part of an ex officio investigation that began in April. The Foam operation took place in Condado del Rey, San Antonio, and Brisas del Norte, where the Prosecutor's Office located cell phones, laptops, and other evidence. Two people were arrested for investigation.

https://www.newsroompanama.com/news/health-ministry-administrator-arrested-in-laundering-and-embezzlement-probe

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Another setback for controversial university rector

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Posted 18/11/2022

The Third Chamber of Administrative and Labor Litigation of the Supreme (CSJ) provisionally suspended an Agreement of the General University Council of the Autonomous University of Chiriquí (Unachi), approved in an extraordinary virtual session on August 30, 2021, which ratified the members of the Superior Court of Elections of the institution.

The members of that body, whose mission is to set the rules for the university elections scheduled for April 2023, were appointed by the rector and candidate for re-election Etelvina Medianero de Bonagas.

The ruling of the Third Chamber, with judge Carlos Alberto Vásquez Reyes as speaker and the endorsement of his colleagues Cecilio Cedalise and María Cristina Chen, resolves a lawsuit filed by the lawyer and Unachi professor, Absel Navarro, who requested the nullity of the agreement, alleging that the provisions of Law 4 of 2006, which reorganizes Unachi, were not complied with.

With this decision, the rector must designate a new Superior Court of Elections.

Navarro, a professor at Unachi's School of Business Administration and Accounting, explained to La Prensa that he requested the annulment of Agreement 2, because it did not have half of the votes plus one.

“The law establishes that the members of the Superior Elections Tribunal of Unachi are appointed by the rector, but they must be ratified by the General University Council. The General University Council number 6-2021 was an extraordinary virtual session held on August 30, 2021. I obtained the information from it and realized that they did not achieve the majority or half plus one required by law. They have a practice that when there are abstentions, [these] are not taken into account.

They take as total the votes for and against. If there there are more in favor than against, they approve the agreement, ”he said.

https://www.newsroompanama.com/news/another-setback-for-controversial-university-rector

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