Aquittal 'inconceivable level of impunity' – Transparency International

The  Panamanian chapter of Transparency International deplored the decision announced this week absolving former president  Ricardo Martinelli of the commission of the crimes of interception of telecommunications, monitoring, persecution, and surveillance without judicial authorization.

On the night of November 9, the Oral Trial Court of the First Judicial Circuit of Panama – made up of judges Iveth Francois VegaJennifer Cristine Saavedra Naranjo, and Marysol Osorio Leyton – announced the meaning of the ruling, which was adopted unanimously.

“The justifications given by the judges show a limited and inconvenient understanding of the responsibilities of the officials and the evaluation of the evidence,” the organization said in a statement.

The Foundation for the Development of Citizen Freedom recalled that former President Martinelli (2009-2014) signed multiple out-of-court agreements with victims and “today two lower-ranking officials are serving sentences for the same crime.” They are Alejandro Garuz and Gustavo Pérez, who were directors of the National Security Council (CSN) in the Martinelli government. Each was sentenced to 60 months in prison.

“This case is added to the long list of cases of corruption and human rights violations that find shelter in impunity,” stated the organization.

The foundation also pointed out that the decision to acquit Martinelli affects the country on multiple levels, both internally in the very fiber of democracy and internationally, compared to indices that have been measuring the ability to the institutions of justice.

“Today the culture of impunity reaches inconceivable levels. It is a culture that permeates the Judicial Branch from the very plenary session of the Supreme Court, it goes beyond the laws, which in themselves are not insufficient. A culture that has had accomplices in the Executive and the justice administration entities, the Judicial Branch and the Public Ministry in successive administrations, and which the Legislative also takes advantage of ”, it explained.

The Court considered that no evidence was presented to prove that Martinelli ordered the espionage carried out, between 2012 and 2014, from the CSN building 150 in Ancón. The investigation did prove that the interceptions and monitoring of at least 150 businessmen, journalists, union leaders, diplomats, magistrates and politicians opposed to Martinelli were never authorized by the Supreme Court of Justice.

The full reading of the verdict will be on November 24.