Martinelli claims constitutional protection for crimes during tenure
While the second wiretapping trial of former President Ricardo Martinelli entered its 20th day on Wednesday, August 18 La Prensa reports that he has gone to the Supreme Court) alleging he cannot be prosecuted for crimes committed during his presidency.
According to the brief presented a month ago by Carlos Carrillo, Martinelli’s lawyer, the case followed against his client violates article 191 of the Constitution , since -according to him- he could not be criminally prosecuted for acts committed when he served as President of the Republic , from July 2009 to June 2014.
Article 191 of the Constitution establishes that the President and Vice President of the Republic are only responsible for exceeding their constitutional functions; for acts of violence or coercion during the electoral process, and for crimes against the international personality of the State or against the public administration.
Martinelli is facing trial for the alleged commission of crimes against the inviolability of secrecy and the right to privacy.
In a hearing held on July 4, 2018, when the jurisdiction of the case was still in the Supreme Court, Jetonimo Mejía, as Judge of Guarantees denied the nullity of the process based on article 191 of the Constitution, since he warned that the Magna Carta does not establish any immunity for the Presidents of the Republic, “before, during or after being elected.” Mejía also recalled that there are precedents in this regard when the Court investigated ex-president Martín Torrijos for the alleged commission of the crime of money laundering, related to the alleged bribes in the Cemis case.
“Both the President of the Republic and the magistrates of the Supreme Court of Justice are then responsible for infractions of the Penal Code , regardless of the position they hold,” Mejía said at that hearing.
However, Carlos Carrillo, in the claim of unconstitutionality presented to the Court on July 17, insists that his client can only be prosecuted for the crimes listed in Article 191.
“In the case of the other crimes contained in the catalog of criminal law, a state of unimputability operates, ” Carrillo said.
Magistrate Hernán De León was assigned as speaker of this action , while Cecilio Cedalise is responsible for resolving another claim of unconstitutionality presented by Carrillo, against another decision adopted by Mejía at that hearing on July 4, 2018.
