Controversy grows over new Supreme Court appointment

Panama’s latest appointment to Panama’s scandal ridden  Supreme Court, was part of a team of legal advisor’s to Ricardo Martinelli during his election campaign.

The  appointment of Harry Diaz without public consultation, to replace Jose Abel Almengor who resigned while facing investigation by the National Assembly, has creawd a storm of criticism from legal and civil groups in Panama.

Harry Díaz was also advisor to the Ministry of Economy and Finance for tax reforms, and served in January and May 2010 as deputy finance minister (in charge), so his appointment would violate the Constitution says La Prensa.

Jacinto López Lysimachus, one of the founders of the Nationalist Republican Liberal Movement (Molirena)-party where the designated judge was active, revealed the role of Diaz, in the presidential campaign Also in the was Alma Cortes, now Minister of Labor.

Two other members of Molirena, who preferred to remain anonymous, confirmed the statement by Lopez.

The president of the National Bar Association (CNA), Ruben Elias Rodriguez, insists yesterday that the appointment of Diaz opens up a legal debate, because of his role  as deputy finance minister in the Martinelli administration of Ricardo Martinelli, and the impediments posed by the Constitution.

"No person shall be appointed judge of the Supreme Court …who is exercising or has held positions with authority and jurisdiction of the Executive Body for the ongoing constitutional period, "says that article 203.

Supporter  of the appointment argue that Diaz served as Deputy temporarily and therefore is not precluded. 

 "There is a legal debate on the subject, but the important thing, the basic problem here is that the appointment was made without the participation of civil society, with total lack of self-regulatory rules that the government itself had approved," said Rodríguez.

He clarified that he had no objection to the personal merit or Diaz. "We are not disqualifying the person, but the procedure used for this choice," he said

The executive director of the Citizens Alliance for Justice, Magaly Castillo, said the choice of Diaz was made "in the style of early risers during Holy Week, when Panamanians are disconnected from public issues."

Following this appointment, "it is clear that this government is not interested in improving the image of justice."

"While all modern democracies are seeking more transparent and participatory methods for choosing judges, in Panama we demonstrate the concentration of power," said Castillo.