Swearing-in of fugitive Martinelli brothers would weaken Parlacen

Manuel Castillero, an independent Panama deputy in Parlacen says that the swearing-in  to the regional body of the fugitive sons of former president Ricardo Martinelli as alternate deputies would weaken its image

After learning that the board of directors s of the regional body issued instructions for Ricardo Alberto and Luis Enrique Martinelli Linares to be sworn in at a session of the Panamanian caucus Castillero said he would abstain from the meeting   as the move  “ “would further weaken the credibility and image of this parliament, which has been strongly questioned and is necessary to achieve the highest and noblest objectives that they give us origin to serve as a forum for deliberation and proposal ”.

Castillero, in a note addressed to the Guatemalan Nadia De León Torres, president of Parlacen, said he would abstain from participating in the session, which must be convened by Gilberto Succari and Cirilo Salas who have not spoken publicly about it and it is unknown when the swearing-in would take place and how it would be carried out, since the brothers in the Mariscal Zavala military prison in Guatemala since they were arrested on July 6. The US Department of Justice has requested them in extradition, for alleged conspiracy to launder money linked to Odebrecht.

Impunity move
In a letter Castillero points out that, “both alternates could be using the regulations to once again open spaces for impunity at the convenience of only the beneficiaries.”

Although in Panama the mere fact of being a substitute deputy confers significant judicial benefits, according to article 2 of the San Salvador Protocol of 2008, “Each holder will be elected with their respective substitute, who will replace them in the event of a vacancy or absence. .. ” That is to say, the substitutes only have these prerogatives when the Parlacen meets and the holder does not appear (absence) or if there is the abandonment, resignation, death or loss of the position of the principal (vacancy) writes Rodrigo Noriega in La Prensa.

Since there are none of these situations, the legal effect is not generated in Guatemala. Furthermore, in a procedural principle called Perpetuatio Jurisdictions, disrespected in Panama, the jurisdiction of the court is not lost if the personal situation of the accused changes. The two Panamanians were detained as mere civilians; The fact that they later become alternate deputies should have no effect on their extradition process, except to extend their duration.