Mis-reading of immunity law halts 16 corruption cases

 SIXTEEN CORRUPTION investigations  have been paralyzed because Attorney General Kenia Porcell has mis-interpreted the electoral law says Panama’s electoral Tribunal (TE)

In making the announcement regarding the immunity enjoyed by participants in an election, the Tribunal clarified that the request to suspend immunity should not paralyze the entire judicial process, as prosecutors have maintained. This has paralyzed at least 16 cases for alleged acts of corruption.

TE Judge Eduardo Valdés Escoffery said that the agency has final say over whether or not an investigation should be halted. He is seeking a meeting with Porcell to clarify the law to keep her from incorrectly halting investigations over the issue of electoral immunity.

Through a spokeswoman, Porcell said that she has to comply with what the law says.

At the heart of the issue is the scope of electoral immunity. Porcell has quoted the law in halting entire investigations of persons who fall under its protection. But the TE has maintained that the scope of immunity is much more narrow.

The dispute is over article 10 of a February 2009 decree that states: “As soon as a person covered by electoral criminal immunity invokes it, or the authority in charge of the relevant file is made aware of it, the process shall be suspended and the Tribunal Electoral should be petitioned to suspend the immunity under the penalty of voiding the proceedings.”

According to Iván Guerra, TE director of legal services, that establishes that a person with immunity can invoke this protection, but others involved in the case have no protections, and therefore the investigation can continue.