Judge asked to act without fear in Martinelli spying case

A FORMER Supreme Court Chief Justice and representatives of Civil society have called on Judge Jeronimo Mejía, who is acting as the judge of guarantees in the case involving former President Ricardo Martinelli’s alleged involvement in illegal surveillance during his administration, to act with impartiality and “without fear.”

“It seems to me that he is a person with enough knowledge of the criminal part, but how will he handle this case? That is the question. I hope that he will give a good performance,” said former Chief Justice Carlos Lucas Lopez.

The prosecutor in the case, Judge  Harry Díaz, has accused Martinelli of offences against the right to privacy and against public administration. Diaz has asked Mejia for  a hearing on the case andhas  also contacted Interpol to issue a blue alert to determine the whereabouts of the former president, who left Panama in January.

The spotlight in the case has shifted to Mejia in the case, which alleges that the government illegally intercepted the communications of at least 150 people during the past five years reports La Prensa.

“I think there is a basis for at least a criminal cause for the performance of Martinelli, but what the justice decides is his personal choice,” said Lucas Lopez. “I do believe that there is sufficient basis to call the former president to trial.”

He said  that Martinelli’s lawyers could seek to delay the proceedings, and it will be up to the judge to act with a firm hand.

Anette Planells, of the Independent Movement (Movin), says that the group makes no judgement about the guilt of the former president, but said it is pushing for “a transparent and expeditious process.”

“We will be vigilant. The important thing is to maintain the transparency of the process,” he said.

Healso said that Martinelli should be returned to Panama and jailed prior to the trial, because the charges carry a prison term of up to 21 years.

on Friday October 9 Díaz presented a report on his investigation to Mejia .It concluded that Martinelli ordered members of the National Security Council to intercept the communications of his political opponents, journalists, labor leaders and others and  that Martinelli had established a unit under his direct control to carry out the surveillance.

The powers of the judge of  guarantees include calling the case to trial and dictating procedural matters, including measures of pre-trial detention.

The unauthorized interception of communications are a violation of provisions of the Constitution and international conventions on human rights reports La Prensa.

Diaz presented 11 elements linking  Martinelli to the alleged illegal surveillance.

This includes the testimony of former Minister of the Presidency Demetrio Papadimitriu, and former Minister of the Presidency, Roberto Henriquez who said state security policy was “the responsibility of the President.”