The continuing story of Ricardo Martinelli, his family and trials

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Bar Association Warns that TE Violated Martinelli's rights

 Posted 16/03/2024

The union considers that the TE (Tribunal Electoral) should have met and prepared a regulation that established the procedure for a case similar to Martinelli's, and by not doing so, it is now faced with an unprecedented case with procedural gaps and without complying with the procedures.  The National Bar Association (CNA) warned that the Electoral Court (TE) acted hastily and without knowing its own procedures when it disqualified the presidential candidate Ricardo Martinelli from running in the next election on May 5, which implies a violation of constitutional rights and guarantees.  This approach was made to the TE itself in a letter to the electoral magistrates Alfredo Juncá, Eduardo Valdés Escoffery and Luis Guerra, signed by the president of the ANC, Maritza Cedeño Vásquez.  "It is evident that the Electoral Tribunal acted hastily by not waiting for the terms dictated by the judge in the case to be fulfilled, which would have allowed the jurisdictional decision to become enforceable and final before adopting any measure," says the CNA.  "In addition, the decision to send the director of legal advice to present and raise a consultation, when said directorate only acts as a consultation entity and does not hold legal representation of the entity, constitutes a serious procedural error that violates due process and the guarantees of the popular election candidate".

Another breach of the process described by the CNA is that everything should have started in the electoral administrative courts in the first instance, and later at the level of the plenary session of the TE, guaranteeing double instance, due process and procedural guarantees.  The union considers that the TE should have met and prepared a regulation that established the procedure for a case similar to Martinelli's, and by not doing so, it is now faced with an unprecedented case with procedural gaps and without complying with the procedures.  "The Electoral Code or its regulations should establish solutions for these types of situations that are unprecedented and that we are facing for the first time, which undermines democracy in Panama, and negatively impacts the electoral process," they detail.  "Not allowing a candidate to be in the same conditions as each of the adversaries contravenes electoral regulations and human rights and the role of the Electoral Court is to guarantee equal conditions in all aspects."  The union also explained that the Electoral Code in its article 359 establishes the circumstances that give rise to a vacancy, such as resignation, disqualification or death. However, they noted that these figures are subsequently regulated, through Regulatory Decree Number 29 of May 30, 2022 and other modifications, but it is not determined what will happen in the case of a disqualified person, as is the particular case we have at the moment, leaving the figure of disqualification in a legal limbo.

“This situation makes it difficult for political parties that have completed all the stages for participation to fill any vacancies that may arise with the figure of disqualification for any elected position,” they highlight.  They established that they do not intend to restrict and interfere in the decision of the Electoral Tribunal, but they do request that the procedures established in the use of their powers, established in the National Constitution, such as the Electoral Law established in its article 138 of the Electoral Code, which are clear in establishing that the powers and competence of the electoral tournament are exclusively of the Electoral Court, as the highest authority.  They also remember that the Electoral Tribunal has the primary responsibility of resolving, in accordance with the provisions of both the Constitution and the electoral regulations, its exclusive competence to interpret and apply the electoral laws, in accordance with the provisions of the Constitution and the Code itself.  “Its role is crucial to regulate any interpretation related to electoral matters, thus ensuring the impartiality and integrity of the democratic process in our country,” they add.

https://www.newsroompanama.com/news/bar-association-warns-that-te-violated-martinellis-rights

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Nicaragua Rejects the Panama Decision Regarding Martinelli Safe Passage Exit

Posted 20/03/2024

Nicaragua rejects that the Foreign Ministry denies safe passage to Martinelli.  Nicaragua reiterated to the Panamanian Foreign Ministry its adherence to and compliance with international law to grant asylum to Ricardo Martinelli.  The government of Nicaragua 'categorically' rejected the fact that the Ministry of Foreign Affairs of Panama  does not recognize the asylum it granted to former President Ricardo Alberto Martinelli Berrocal that denies him the safe passage he requires to leave the national territory of Panama.  Through a note issued by its Ministry of Foreign Affairs, Nicaragua reiterated to the Panamanian Foreign Ministry its adherence to and compliance with international law, especially the Convention on Asylum signed in Havana (Cuba) in 1928 and the Convention on Political Asylum adopted in Montevideo (Uruguay), in 1933 to grant asylum to Martinelli.  Likewise, they state that "not recognizing asylum and denying safe conduct constitutes a violation of the asylum conventions, in particular Article 2, third provision, of the 1928 Asylum Convention, which clearly establishes that the State Government that grants asylum, may demand that the asylum seeker be removed from the national territory within the shortest possible time; an obligation in strict accordance with the Convention that remains unfulfilled by the Republic of Panama."  They also point out that political asylum must be respected as a humanitarian right, in accordance with the conventions that regulate it, which is why Nicaragua reiterates that Martinelli’s asylum has been granted because he considers himself persecuted for political reasons and because his life, physical integrity and security, are at imminent risk. Nicaragua reaffirms its respect for international law and the principle of non-interference in the internal affairs of other States; The granting of asylum to Mr. Ricardo Alberto Martinelli Berrocal is a purely humanitarian matter and is consistent with international law on this matter.

https://www.newsroompanama.com/news/nicaragua-rejects-the-panama-decision-regarding-martinelli-safe-passage-exit-1