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Gustavo Pérez de La Ossa (Former Director of National Police) and Alejandro Garúz (Former Security Council Director) Face Wiretap and Spying Charges


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Wow, this ought to serve as fair warning to anyone who thinks it's a good idea to have unlicensed firearms in their possession. There doesn't seem to be much leniency available when a former Director of the National Police receives a 64 month prison sentence* for the offenses.

Ex-Director National Police Receives Long Prison Sentence for Unlicensed Firearms

The former director of the National Police (PN) and executive secretary of the National Security Council (CSN) Gustavo Perez, lost a legal battle with the justice. The Second Superior Court confirmed the sentence of Perez to 5 years and 4 months in prison for illegal possession of firearms.

Gustavo Pérez, exdirector de la Policía Nacional.

By a resolution of 7 July, the Second Court upheld the conviction to Perez, to resolve an appeal to the condemnation that previously had issued the Court Criminal . 3.2.1 Twelfth since 2 December 2015.

Perez was convicted following that in a raid on his home on 12 January 2015, he found four firearms without permission: two revolver caliber 39, a 9 mm. weapon, and a minimax.

The raid was made as part of the investigation that was initiated over the telephone wiretap case of the previous government from the CSN and that affected more than 150 people.

The judge of the Second Court Adolfo Mejía, Rapporteur of fault, said that there is no doubt as to the criminal responsibility of Perez, because there is no documentation showing legal possession of weapons. That is to say, the weapons were not permitted.

Mejia warned that the ballistics evidence showed that the weapons were suitable to be fired.

Similarly, the judge gave validity to the attestation of copies to the Public Ministry to investigate a Perez for an offense against the public administration, due to the fact that one of the two 38-caliber revolvers that had in their house, were from the PN.

The trial for illegal possession of arms was carried out on 21 October 2015 in the Court . 3.2.1 Twelfth Criminal, then that Perez had welcomed to an abbreviated process.

The Judge Oscar Carrasquilla applied a penalty of 8 years in prison, of which he was rebate to 5 years and 4 months due to that Perez had welcomed the abbreviated process.

Perez, who remains detained in El Renacer prison was called to trial in the Court 16th criminal by the case of the telephone punctures and is pending to carry out the hearing.

http://www.tvn-2.com/nacionales/judicial/Confirman-condena-Gustavo-Perez-posesion_0_4566293390.html

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Ex-police chief jail term upheld

Posted on September 3, 2016 in Panama

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Gustavo Perez
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THE FORMER  Panama Police Director who early in his preventive detention complained of claustrophobia, will have  five years and four months  behind bars  to adjust.

The appeal of Gustavo Pérez against his sentence for the illegal possession of weapons has been rejected

That sentence had been handed down by the 10th Criminal Court.

In a decision issued July 17 and released this week, Judge Secundino Mendieta ratified the sentence applied December. 2, 2015.

Pérez’s lawyer, Holland Polo, had appealed the sentence saying the raid that led to the weapons being found was illegal.

The raid was conducted as part of the investigation into the former police director for illegal surveillance during the administration of President Ricardo Martinelli.

The claim was rejected because the court ruled that it should have been presented before the case was adjudicated.

Perez is still awaiting trial on the spying charge which could earn him up to another 20 years jail time.

http://www.newsroompanama.com/news/panama/ex-police-chief-jail-term-upheld

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Panama wiretap trial behind closed doors

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Perez and Garuz

THE  UPCOMING TRIAL   of two of the key players in the Martinelli era  Panama wiretap scandal  will be behind closed doors

Judge Enrique Perez  has  ruled that the 16th  Criminal Court hearing  into charges against Alejandro Garuz and Gustavo Pérez will be closed without the presence of the public and the media.

Perez made the decision based on article No. 2228 of the Judicial Code, which establishes that the judge may

Order a hearing be closed when Reasons of morality, public order and respect to the person  or family members offended by the offense.

The hearing will be from y Apl 3 to 7. The former officials of the Ricardo Martinelli  administration

Are  charged with the  alleged offense against freedom in the form of crimes against Inviolability of secrecy and the right to privacy.

The hearing will be in the Second High Court of Justice, from 9:00 a.m. To be extended until after 5:00 p.m. It will begin on April 3

The trial for this case has been suspended twice. The first was on March 7  because all parties had not been notified  and on  April 11 when the plaintiffs asked Judge Perez to conduct further tests.

In this case a protected witness would have revealed to the Public Ministry that from the National Security Council tapped to more than 150 people and pointed to the former executive secretaries of the entity Gustavo Pérez And Alejandro Garuz.

The witness also said that William Pittí and Ronny Rodríguez (who have fled Panama), were the alleged agents. They met with then-President Ricardo Martinelli to report on the activities

 

http://www.newsroompanama.com/news/panama/panama-wiretap-trial-behind-closed-doors

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Eased restrictions for Multi-charged ex-security boss

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Alejandro Garuz,

THE FORMER  Secretary of the National Security Council who is appealing a five-year jail sentence in one case has been granted “country arrest” in another.

The  Criminal Fifth Judge, Enrique Paniza, has lifted the precautionary detention measure of   Alejandro Garuz and replaced it with a ban on leaving the country without judicial authorization and the obligation to report on the 15th and 30th of each month.

Garuz was under house arrest during the investigation of  scores of millions in overcharges in the purchase of 19 radars from  Selex, part of the  Italian conglomerate Finmeccanica.

Judge Paniza said that Garuz suffered from poor health and must constantly request permission for  his medical and dental appointments and special treatments. “all at this office to get the necessary permits,” said the judge.

The lawyer of Garuz’s lawyer, Cristóbal Arboleda, requested the change of precautionary measure on May 17.

It was opposed by the Anti-Corruption Prosecutor’s office as the preliminary hearing has not been held and several remedies presented by defense attorneys have not yet been resolved.

Garuz is already favored with a measure of country arrest, in another case: for unauthorized interception of communications by the National Security Council, under the government of Ricardo Martinelli.

In addition, he was sentenced to five years in prison for assaulting the Secretary General of the Union of Journalists, Filemón Medina. The judgment is under appeal.

 

http://www.newsroompanama.com/news/panama/eased-restrictions-multi-charged-ex-security-boss

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Panama’s Ex- Security Boss Spy Trial delayed

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Garuz case delayed

A 16TH CRIMINAL Circuit Court hearing  into wiretapping scheduled for Monday August  7 against former Security Council director Alejandro Garuz and former National Police director Gustavo Pérez has been postponed

The postponement was requested by Cristóbal Arboleda, lawyer for Garuz, who claimed  travel abroad.

The hearing will take place on the scheduled alternate date, , September 15, 2017 at 8:00 am.

Also accused are fugitive former police operatives, Ronny Rodriguez and William Pitti.

All are accused of the crime of inviolability of secrecy and the right to privacy.

Former president Ricardo Martinelli, is also accused, and remains behind bars in Miami awaiting an extradition hearing.

 

http://www.newsroompanama.com/news/panama/panamas-ex-security-boss-spy-trial-delayed

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Court flip-flop gave bribery case impunity

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Garuz and Mulino

A GROUP of Panama opinion leaders have  denounced a ruling handed down by the Supreme Court  which  let  suspects off the hook because time had run out for the investigation.

On April 6  the Court declared null part of the investigation of   former Minister of Security , José Raúl Mulino and Alejandro Garuz, for alleged peculation in the purchase of radars in 2010.

In a public statement, the intellectuals said that the ruling is diametrically opposed to a ruling issued on March 3, 2016, in which the Court concluded that exceeding exceeded the period for investigating does not invalidate the case.

“If the Courts of Justice continue with the practice of denying  prosecutors requests  to extend the period of investigation in cases  …  the final result of such a practice will be none other than that of impunity”.

said   a “public statement” by the  group of including constitutionalists, businessmen, doctors and diplomats, among others, who agreed with the words of José Ugaz, President of Transparency International, in expressing his “support and solidarity with the Attorney General [KeniaPorcell] and all the courageous anticorruption prosecutors that work in the Public Ministry “.

The signatories of the “public statement question the” diametrically opposed view “of the  nine judges of the Court in a signed judgment of March 3, 2016 on sanctions when prosecutors are overdue in the times

“It is obvious, then, that after that decision  prosecutors acting under the umbrella of the  Court, they could not understand that their investigation would be void ” the statement said.

They indicate that in the  April 6,  decision that annulled part of the process of Jose Raul Mulino for presumed peculation in the purchase of 19 radars from Selex, “the same Court, with the signatures of the same magistrates, except for the  magistrate Jerónimo Mejía [who eluded his legal obligation to fail] adopted a criterion diametrically opposed, saying that all the actions that the prosecution has carried out after the deadline to investigate were absolutely nil. ”

“We sincerely do not believe that the Court ignores the grave consequences of its strange decision. The consequences were foreseeable: the acquittal of all people involved in bribes, overcharges, and other crimes diligently investigated by the Public Ministry. We share the conviction that Panamanian society will not be able to digest the  serious consequences, “said the statement signed by: Carlos Bolivar Pedreschi, Mario Galindo, Juan Planells, Fernando Berguido, Guillermo Sánchez Borbón, Luis Moreno, I. Roberto Eisenmann, Alfredo Castillero Calvo, Ricardo Alberto Arias, Ramón Ricardo Arias, José Chen Barría, Juan Antonio Tejada, Rodrigo Eisenmann, Carlos Lucas Lopez, Fernando Aparicio, Jaime Arias, Olimpo Sáez, Lisímaco López, Daniel Pichel, Aurelio Barría, Tomás Herrera, Octavio Del Moral and Julio Linares.

 

http://www.newsroompanama.com/news/panama/court-flip-flop-gave-bribery-case-impunity

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Wiretapping case drags on 38 months

Posted on September 16, 2017 in Panama

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AFTER FOUR postponements the 16th  Criminal Court is scheduled, to set a new date for the “wiretap” hearing involving ex-police chief Enrique Perez and former Secretary of the National Security Council (CSN) Alejandro Garuz.

They are charged with the interception of communications of at least 150 people including opposition politicians, journalists, and businessmen during the  Ricardo Martinelli government.

The last time the hearing was adjourned was September 4   when Garuz presented a medical incapacity through his defense.

The previous hearings were suspended three times last year. The first was on March 7, because the court had not notified all parties. The second, on April 3, because the judge had to sort out appeals by the Perez defense. Perez is currently serving a five-year jail term for stashing illegal arms in his home. The third, on August 7, was for an excuse presented by the defense of Garuz.

La Prensa reports that 38 months have passed since the Public Prosecutor’s Office began the investigation of the case from the statement of a protected witness, who revealed the acquisition by the CSN of an Israeli system that intercepted telephone conversations and emails, and penetrated even a turned off device.

In addition, it has been 29 months since prosecution evidence  was forwarded to the  Judicial  system

Martinelli,  in a Miami detention center awaiting extradition, is also facing trial in the case.

Two former CSN staff Ronny Araúz and William Pittí are fugitives.

 

http://www.newsroompanama.com/news/panama/wiretapping-case-drags-38-months

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Ex-security boss loses  5-year  jail appeal

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Garuz

THE FORMER  Executive Secretary of Panama’s Security Council (CSN)  has lost his appeal against a  5-year jail term for injuring  Filemón Medina.the general secretary of the Panama Union of Journalists when he went to the Quarry Heights in Ancon to assist two TVN  News reporters who had been detained by police.

The Tenth Criminal Court had convicted Garuz on January 24 of this year. The ruling was appealed by the ex-official and now in a ruling of July 26, the Second Superior Court confirmed the judgment, reports TVN.

“There is subjective responsibility, relating to the existence of willfulness or recklessness concerning conduct of this agent (Alejandro Garuz), “says the ruling of the Second Court

Carlos Carrillo, Garuz’s lawyer,  has filed a cassation (last appeal). Now the Second Court must decide whether to grant the cassation and the appeal will be settled by the Criminal Chamber of the Supreme Court.

Background
The TVN reporters were detained on June 11, 2013 at Quarry Heights in Ancon, when they went to do news coverage at the CSN and were allegedly recording in a restricted area.

Five civilian clerks were present when Garuz, told the journalists to hand over the recording equipment before being released. At that moment, Medina began to record with his cell phone, and the civilians and Garuz went over, to attack him.

Medina indicated that Garuz took him by the lapels of his coat and flung him up to five times against the car. They removed his cell phone and erased the video he had recorded.

The Institute of Forensic Medicine and Forensic Sciences (Imelcf) gave Medina a 21-day incapacity notice and subsequently, another definitive 91-day incapacity, for injuries suffered from the attack.

In addition to this case, Garuz faces two other criminal proceedings.

He is awaiting trial next January 15, in the Sixteenth Court in the wiretapping case  during the previous government.

Garuz  is also accused of peculation for the purchase of 19 radars for $ 125 million, from the Italian conglomerate Finmeccanica. Currently, Garuz  he  is under a precautionary measure of country jail.

 

http://www.newsroompanama.com/news/panama/ex-security-boss-loses-5-year-jail-appeal

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Ex-chief cop gets  release but stays in jail

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Gustavo Perez

FORMER  National Police chief Gustavo Pérez gained a  Pyrrhic victory in the Second Criminal Chamber of the Supreme Court with the replacement of a  preventive detention order by country arrest, but he remains in jail because he is facing other criminal charges.

In a ruling of September 20, 2017, magistrates José Ayú Prado (Rapporteur) , Harry Diaz and  substitute Luis Mario Carrasco, in the case of possession of illicit firearms ruled that Pérez has already “passed the various stages of ordinary criminal proceedings,” such as investigation and the preliminary hearing converted into an abbreviated proceeding before the 12th Criminal Court which resulted in a sentence of 64 months in prison.

According to the magistrates, there is no danger that Pérez could destroy evidence, or make an attempt against the life of another person.

When the criminal court issued the verdict in December  2015, the defense of Pérez appealed the decision to the Second Court of Justice, which confirmed the conviction in July 2016. However, the lawyers of the ex-director of the Police did not give up and filed an appeal before the Second Criminal Chamber, which has not been resolved yet.

Other considerations of the magistrates to grant the change of precautionary measure were that Pérez has been detained since January 15, 2015, “32 months in prison, the equivalent of half of the penalty (…) “, they say.

Although he was granted the change of precautionary measure, Pérez will continue to be detained in El Renacer, since he has two pending proceedings: one, for the alleged illegal interception of communications, and another, for the loss of the equipment that would have been used to spy on citizens.

 

http://www.newsroompanama.com/news/panama/ex-chief-cop-gets-release-stays-jail

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Judge closes  $21 million spy equipment probe

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Molto and Perez
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TIME and Panama’s justice system are on the side of the thieves of over $21 million worth of equipment used to spy on the country’s citizens during the Ricardo Martinelli administration, including opposition politicians, journalists and businessmen.

The Seventh Criminal Court has denied a request for an extension to the Seventh Anti-Corruption Prosecutor’s Office, to continue with the investigations related to the purchase and whereabouts of the spy equipment Pegasus, acquired from the Israeli company NSO Group for $8 million in the last government.

A  complaint was lodged in August 2016 by the current Executive Secretary of the National Security Council (CSN), Rolando López. Named in the process are Julio Moltó and Gustavo Pérez, ex-heads of the CSN, are mentioned, reports La Prensa .

The prosecutor’s investigation revealed that Pegasus worked on the 6th floor of PH Oceania Business Plaza Torre 3000, property whose owner was the company Oceania T3000 linked to Gabriel Btesh who has fled the country

The machine stopped working on May 16, 2014 – 12 days after the presidential election. Pegasus could penetrate cell phones and computers, and pick up conversations, photos and traffic on the internet.

In addition to Pegasus, the  Martinell government bought in 2010, through the extinct Social Investment Fund, a spy machine from M.L.M. Protection for $13.4 million.

In addition, from January 2011 and until 2012 payments were made to the Italian Hacking Team, dedicated to espionage. All the equipment is missing.

Martinelli is being held in detention in the United States pending his extradition.

 

http://www.newsroompanama.com/news/panama/judge-closes-21-million-spy-equipment-probe

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Martinelli era wiretapping trial date set

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Garuz and Perez
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THE TRIAl of the ex-directors of Panamas National Security Council will be held behind closed doors with no media or public access to respect the privacy of the people offended by the crime”.

Gustavo Pérez and Alejandro Garuz are charged with the alleged commission of crimes against the inviolability of secrecy and the right to privacy. They will appear in the Sixteenth Criminal Court court on Jan 15-19  and   Jan 22 -26, 2018  before Judge Enrique Pérez who also established the alternate date of the trial from March 5 to 9 and from March 12 to 16.

The Judge agreed to reserve 26 seats for the teams of each of the accused. Seating has also been reserved for the Public Prosecutor’s Office, private prosecuting attorneys and each of the victims.

As the judge ordered the exclusion of the media, The Secretariat of Communication of the Judicial Branch is responsible for providing reports on the development of the hearing.

Pérez is being held in El Renacer prison, while Garuz has a precautionary measure to prevent him leaving the country without judicial authorization and the obligation to sign in every 15 days.

In addition to Pérez and Garuz, the ex officio members of the Security Council   fugitives William Pitti and Ronny Rodriguez, none of whom has appeared in the judicial process.

They are accused of spying on some 150 politicians, trade unionists, members of organized civil society, journalists and businessmen opposed to former President Ricardo Martinelli.

According to the investigation, Martinelli received a daily report with a summary of the material. collected in the interceptions.

Martinelli has been detained in Miami since June 12, awaiting extradition to Panama, to face the accusations.

 

http://www.newsroompanama.com/news/panama/martinelli-era-wiretapping-trial-date-set

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Ex-police chief gets jail leave for doctor visits

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JAILED   former police chief  and head of the National Security Council, Gustavo Perez  awaiting trial  for wiretapping during the  Ricardo Martinelli administration has  been granted court permission to  attend medical appointments at Punta Pacific Hospital complex  for six months

The decision was handed down on January 29 by  Sixteenth Criminal Judge Enrique Pérez, following a request from defense lawyers.

Perez is prosecuted for the alleged commission of crimes against the inviolability of secrecy and the right to privacy for alleged telephone interceptions without judicial authorization.

The judge authorizes Perez to leave El Renacer prison on Tuesdays at  10:00 a.m.  for  11:00 a.m. appointments.

 

http://www.newsroompanama.com/news/panama/ex-police-boss-gets-jail-leave-doctor-visits

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Illegal wiretap hearing gets 6th suspenion

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Custavo Perez and Alejandro Garuz
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A HEARING into illegal wiretapping ordered by two members of the National Security Council (CSN) has been suspended for the sixth time by the 16th Criminal Court, as Panama’s Justice system lumbers from slow to stop.

Facing trial  are Gustavo Pérez, a former police chief and Alejandro Garuz.

The reason for the latest suspension on Monday, March 5  is because a habeas presented by the defense of   Pérez, has not been resolved.

The intent of the habeas corpus is to release Pérez from preventive detention in the El Renacer Penitentiary.

According to the Judicial Branch, once the habeas corpus is resolved the Sixteenth Court will schedule yet another hearing date.

Ronny Araúz and William Pittí, former CSN agents were also called to trial in the case.Both are fugitives and have never appeared in Court. Ex-president Ricardo Martinelli is also charged in the case but will appear in the Supreme Court when he is extradited from Miami. This week will mark his ninth month behind bars in a US Federal detention center.

The Pérez-Garuz hearing was postponed on March 7 and April 3, 2017, for lack of notification; on April 11 of that year because the parties requested the practice of tests, and on September 4 because Garuz presented a medical disability.

 

http://www.newsroompanama.com/news/panama/illegal-wiretap-hearing-gets-6th-suspenion

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Panama wiretapping case  stalled over 2 ½ years

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Perez and Garuz
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SUNDAY, April 1  marked the passing of two years and seven months since the investigations were concluded into the illegal wiretapping of  150 Panamanian citizens with still no court hearing in sight.

Ricaurte González, senior organized crime prosecutor gave details of Panama ’s laggard justice system in a video distributed by the Office of the Attorney General.

González emphasized that in there are 150 affected by illegal eavesdropping, of which 44 are those involved in the process that follows the former directors of the National Security Council (CSN) Gustavo Pérez and Alejandro Garuz.

On March 5, the Sixteenth Criminal Court suspended the hearing for the sixth consecutive time. Former CSN officers William Pitti and Rony Rodríguez were also investigated but are fugitives.

In addition, ex-President Ricardo Martinelli is in detention in a  Miami detention center awaiting completion of an extradition process initiated by the Supreme Court.for his involvement

Gonzalez said that the injured in the case are victims of “a serious crime” while in the privacy of their homes.

The victims include opposition politicians, journalists, lawyers, and businessmen.

 

http://www.newsroompanama.com/news/panama/panama-wiretapping-case-stalled-over-2-%C2%BD-years

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“Released” Martinelli snoop stays in jail

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Gustavo Pérez ex-secretary of Panama’s National Security Council (CSN), under investigation for  the unauthorized interception of communications in the last government, had his   preventive detention changed to  house arrest on March 6 by  the Second Superior Court but  will remain in his cell at the El Renacer prison

He is also facing charges of the loss of the machine allegedly used to intercept communications of at least 150 opposition politicians, businessmen, journalists, members of civil society during the government of Ricardo Martinelli. In a judgment of January 30, the Second Court Superior denied an appeal seeking Perez’s freedom in this process.

On April 1, the Public Ministry announced that two years and seven months have passed since the investigations were concluded in the case of illegal wiretapping and no hearing has been held

In this case, in addition to Pérez, Martinelli and   Alejandro Garuz are also under investigation.

Martinelli is detained in Miami, awaiting extradition and trial by the Supreme Court.

 

http://www.newsroompanama.com/news/panama/released-martinelli-l-snoop-stays-in-jail

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$13 million embezzled spy equipment hearing gets sixth suspension

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Perez, Garuz ,and Tamburelli
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A court hearing into a $13 million embezzlement case involving disappeared spying equipment used during the Ricardo Martinelli administration was suspended for the sixth time on Thursday, June 7 by the Eighth Circuit Court.

The alternate preliminary hearing, is  in the process against the former director of the National Assistance Program (PAN), Giacomo Tamburrelli; the ex-director of the National Police, Gustavo Pérez, and three others, for the crime against the public administration, in the form of embezzlement, related to the loss of the spying equipment used by the National Security Council in the past administration .

The decision of Judge Leira Terán came after Rosaria Correa, lawyer presented a certificate of medical disability for her client  Gustavo Pérez. A new alternate date was set for Monday, August 13.

According to the Public Ministry, the investigation arises from the loss of a technological equipment that was acquired in 2010, through an order counter signed between the former director of the National Aid Program (PAN), and an Israeli company, for over  $13 million.  Also involved are also are the former executive secretary of the National Security Council, Alejandro Garúz, and the ex-agents Ronny Rodríguez and William Pittí.

The investigation was initiated on December 3, 2014, prosecution hearing for this case was set on October 19, 2016, with a request for a trial for 2 persons charged with the offense against the public administration. and provisional dismissal for 3 people, all former public servants.

 

http://www.newsroompanama.com/news/panama/13-million-embezzled-spy-equipment-hearing-gets-sixth-suspension

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Four years on – seeking justice for Martinelli wiretap victims

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Perez and Garuz
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PANAMA’S Public Ministry (MP)  has announced that it is ready and prepared to attend the of hearing in the case of two key players for the unauthorized interception of communications by the National Security Council (CSN), which is scheduled for  September 3 to 14.

The alternate date would be November 12 to 23.

“There have been 150 victims who have had to wait more than four years to do them justice, ”  senior organized crime prosecutor, Ricaurte Gonzalez told La Prensa, adding that the MP has conducted a thorough investigation.

It is, he said, a “very serious” situation, in which the victims had their communications listened to, by those who had access to their intimate information, and that allowed them in some way, “to damage the honor of these people”.

“We are ready to attend the hearing so we can clarify the criminal responsibility of those who committed this serious situation, “he added.

Alejandro Garuz,  and Gustavo Pérez (former secretaries of the CSN) and two ex-agents are accused of intercepting the communications of up to 150 businessmen, journalists, civil society leaders and politicians opposed to former President Ricardo Martinelli (2009-2014).

 

http://www.newsroompanama.com/news/panama/four-years-on-seeking-justice-for-martinelli-wiretap-victims

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Ex-top cop spy equipment hearing suspended … again

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Gustavo Perez
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A case dealing with the loss of $13.4 million spying equipment used during the Ricardo Martinelli administration has again been suspended

The Eighth Criminal Court suspended the hearing over the loss of a hacking device after the defense of the Gustavo Pérez former director of the National Police and director of the National Security Council said it will present a protection of guarantees.

The hearing was previously scheduled for June 7, but was also suspended because Pérez’s lawyer presented a medical disability certificate. On that occasion, The Anti-Corruption Prosecutor requested the judge to send Pérez to the Institute of Legal Medicine and Forensic Sciences to check his health status, a path followed several times by ex-president  Ricardo Martinelli. Both men are detained in El Renacer prison.

In the June 7 hearing, in addition to Pérez, Giacomo Tamburrelli the director of the former National Assistance  Program (PAN) and the former director of the National Security Council  Alejandro Garuz were also scheduled to appear.

This investigation originated from a complaint filed by the then head of the  Security Council Rolando López after the spying machine was lost.

It was purchased in 2010 for $ 3.4 million with money from the former Social Investment Fund.

 

https://www.newsroompanama.com/news/panama/ex-top-cop-spy-equipment-hearing-suspended-again

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Judge raps  wiretap defense lawyer, missing victims

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Gustavo Perez, ex- director of the National Police
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A Criminal Court judge came down hard on Monday, September 3 on a defense attorney attempting to further delay a trial of two high  profile members of the previous administration

The ex-secretaries of the National Security Council Gustavo Pérez and Alejandro Garúz had pleaded not guilty to illegal wiretapping in front of Judge Enrique Pérez in the Sixteenth  Criminal Court.

The first witness to testify was Iris González, who was head of Information Technology of the Security Council in the previous government who gave information on what happened when the Security Council moved to another location, in Ancón.

Lawyer Gustavo Pereira Bianco, for   Gustavo Pérez, filed a nullity incident because he claimed that all the complainants had not been notified.

Energetically, the judge told Periera that the appeal was reckless, and he called on the lawyer to act with loyalty and good faith. He warned that if he engages in unfair practices, he will apply fines to the defense attorneys or plaintiffs.

After the warning, the judge rejected the nullity incident because it was untimely and also called attention to the complainants (victims) who did not attend the hearing in the morning.

‘”They are always complaining that ‘they wiretapped me, they wiretapped me’, and they do not come to the audience,” he said.

Of 15 complainants accredited in the process, only three attended the first day of the hearing.

Two other defendants Ronny Rodríguez and William Pittí are fugitives.

 

https://www.newsroompanama.com/news/panama/judge-raps-wiretap-defense-lawyer-missing-victims

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  • Moderator_02 changed the title to Gustavo Pérez de La Ossa (Former Director of National Police) and Alejandro Garúz (Former Security Council Director) Face Wiretap and Spying Charges
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Former security boss loses bid to exit jail

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Gustavo Perez
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An application to get out of jail by the former executive secretary of the National Security Council (CSN), Gustavo Pérez, has been rejected.

Pérez has been detained in  El Renacer prion .since January 22, 2016, for the investigation of the loss of CSN spying equipment.

His lawyers presented documents showing that he suffers from hypertension, allergies, asthma and eye infections. But, in a September 7 ruling, the Second Court said there is no report from the Institute of Legal Medicine and forensic Science (Imelcf), which says that Gustavo Pérez, cannot remain in a penitentiary center.

Therefore, the replacement of preventive detention was declared inadmissible. However, the Court exhorted the Eighth Criminal Court, to request the Imelcf to urgently, make a medical examination of Pérez to determine if the diseases he suffers, prevent him from being in prison.

The Eighth Court has not yet held the preliminary hearing in the case of the loss of the so-called $13 million  “wiretapping machine”.

Pérez and the former director of the National Aid Program (PAN), Giacomo Tamburelli, are imputed in that case.

Perez next and the other ex-executive secretary of the CSN, Alejandro Garúz, faced trial last week in the Sixteenth Court, in the illegal wiretapping case. Both await the judgment of the court.

In addition, Pérez was sentenced to 5 years in prison for illegal possession of weapons But this sentence is suspended pending resolution of a cassation, which is the last resort of challenge.

 

https://www.newsroompanama.com/news/panama/former-security-boss-loses-bid-to-exit-jail

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Two high officials of former President Martinelli condemn in Panama

Sat, 01/05/2019 - 10:49

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A court sentenced two former senior government officials of former President Ricardo Martinelli (2009-2014), now in the jail, to four years in prison, accused of wiretapping politicians, magistrates, judges and journalists, among other victims, said today the Judicial Branch (JB).

These are Alejandro Garuz and Gustavo Pérez, who served as directors of the National Security Council (NSC) during the Martinelli Administration, to whom the Sixteenth Criminal Court sentenced to 4 years and one month in prison each for the crime against the inviolability of secrecy and right to privacy.

Garuz and Pérez were in charge of the NSC between 2012 and 2014. Pérez is also investigated for the alleged loss of equipment for espionage purchased from Israel for more than 13 million dollars, and in January 2015 he was sentenced to 5 years and 3 months of prison for illegal possession of weapons.

The Sixteenth Criminal Judge, Enrique Pérez, imposed as an accessory penalty the disqualification for the exercise of public functions for the same term, once the main sanction has been served.

The judge indicated that Pérez and Garuz offered a cooperation "without which the criminal acts, object of the present criminal investigation, could not have been carried out", said a statement from the JB.

The "direct and willful" participation of the accused was proved, points out the ruling, which is not yet firm when it is in the notification phase to the parties.

The ruling indicates that the defendants have the right to have their time in pretrial detention computed in their favor.

Judge Pérez ordered the certify (collation) of copies to Jaime Agrazal, who retracted during the hearing of the statements made in the investigation phase, to investigate the alleged violation of legal provisions of the Penal Code.

This criminal case known as "punctures" began with the declaration of a protected complainant (Agrazal), made to the Auxiliary Prosecutor's Office on July 29, 2014.

This complainant, according to the ruling, stated that a well-known person informed him that in the NSC building they were carried out by means of interceptions of telephone communications, emails, and other means of communication, "activities that violated constitutional rights, and the result was that the privacy of the people was violated, among them politicians, magistrates and judges, journalists and members of the Government".

Both defendants were given the maximum penalty of 5 years in prison, reduced by one sixth for having accepted the abbreviated process. They must remain in jail 4 years and one month each.

In this case, the subordinates of Garuz and Pérez, Ronny Ramiro Rodríguez and William Pitti, are also charged, they are missing and with arrest warrants.

However, the trial against Martinelli for allegedly ordering the interceptions was settled in the Supreme Court of Justice of Panama (SCJ), since the former president was a deputy of the Central American Parliament (Parlacen) when he was formally charged in October 2015.

But the Supreme Court on Thursday notified the parties, in an edict, the decision taken by its plenary session of judges last month to decline its jurisdiction in the "punctures" case against Martinelli, for not holding his position as a deputy.

By means of this resolution adopted on December 6, all the magistrates granted an injunction presented by the defense against the decision of Judge of Guarantees Jerónimo Mejía as to maintain the competence of the case, revoking it.

The SCJ thus declined the jurisdiction of this criminal proceeding to the Court of Trials of the Accusatory Penal System (APS).

 

https://www.panamatoday.com/panama/two-high-officials-former-president-martinelli-condemn-panama-8868

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Ex-director of the National Police released from prison

Tue, 02/12/2019 - 14:40

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The Eighth Circuit of the Criminal Court of the First Judicial Circuit of Panama ordered the "immediate" release of Gustavo Pérez from El Renacer prison, the former director of the National Police and Security Council.

The order of the release to Pérez is in virtue to the fact that the bail of release was registered in his favor by the Second Superior Court of Justice, with bail of release for $ 150 thousand, after four years of being in detention and two convictions that they are not firm.

Pérez was detained in El Renacer prison for crimes against the administration of justice, facts denounced by Rolando López, director of the Security Council.

Through the sentence No. 01 of January 3, 2019, the judge of the Sixteenth Criminal Circuit of Panama, Enrique Pérez, declared criminally responsible Gustavo Adolfo Pérez De La Ossa and Alejandro Garúz Recuero, as primary accomplices of an offense against freedom, in its modality of crimes against the inviolability of secrecy and the right to privacy.

Both defendants were sentenced to 50 months imprisonment, and as an accessory penalty the disqualification for the exercise of public functions for the same term was imposed, once the main penalty was served.

Indicates the ruling that the defendants have the right to be computed in their favor the time they have served preventive detention.

Gustavo Pérez was sentenced to 5 years and 4 months in prison for alleged illegal possession of a weapon, and there is a cassation appeal pending before the Criminal Chamber of the Supreme Court of Justice and the speaker is Judge José Ayú Prado, while for the alleged crime of wiretapping, the sentence is 4 years and two months, and for the latter, an appeal was also lodged that is in the Second Court of Justice.

At the exit of the El Renacer penitentiary, lawyers, family and friends of Gustavo Pérez arrived, including his brother Iván Pérez, businessman and member of the Cambio Democrático party, Riccardo Francolini, and Panamanian sports legend Roberto Durán.

 

https://www.panamatoday.com/panama/ex-director-national-police-released-prison-9228

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Ex security boss bailed after 4 years jail

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Posted 12/02/2019
 
After four years  in detention Gustavo Pérez The former executive secretary of the National Security Council (CSN), and former Panama police (PN) chief was released, on bail from El Renacer prison on Tuesday, February 12,

The Second Superior Court of Justice granted bail of $150,000 to Pérez, The court, under the direction report of Judge Eda Cecilia Gutiérrez, reversed a decision of the Eighth Criminal Court that had denied of bail. Perez remained was in El Renacer in the case of the loss of spying equipment, acquired with public funds from to the MLM Protection company.  The equipment was used to tap phones and computer equipment of at least 140 politicians, journalists judges, and businessmen during the Ricardo Martinelli administration. (developing).

 

https://www.newsroompanama.com/news/ex-security-boss-bailed-after-4-years-jail

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Martinelli spy chiefs conviction appeals pending

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Gustavo Perez, former CSN secretary

Posted 04/06/2019

While their former boss, ex-president Ricardo Martinelli continues to reside in El Renacer prison during his trial for illegal wiretapping,  two convicted former heads of the National Security Council are free to roam the streets of Panama pending resolution of an appeal against their sentences.

The  50 month’s sentence was handed down to former CSN executive secretaries, Gustavo Pérez and Alejandro Garúz, on January 3 by Judge Enrique Pérez,  for the crime of inviolability of secrecy and the right to privacy.

the defense lawyers filed an appeal, seeking to annul the conviction.

The Second Superior Court does not have a defined timeframe to resolve the appeal. 

Garúz and Pérez are free with precautionary measures to prevent them from leaving the country. reports TVN.
 

https://www.newsroompanama.com/news/martinelli-spy-chiefs-conviction-appeals-pending

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