Regarding the Conviction in New Business: The Court Must Rule on the Unconstitutionality

Following the conclusion of the ordinary hearing in the Odebrecht case, several issues remain unresolved that must be addressed before Judge Baloisa Marquínez issues her ruling, in order to guarantee a transparent and equitable process for all those involved.  One of them is the lawsuit of unconstitutionality against the investigative resolution No. 1 of June 30, 2020 issued by the prosecutor Emeldo Márquez in the New Business case, a process for which former President Ricardo Martinelli was sentenced to 10 years and 8 months in prison for alleged money laundering. 

This conviction was made despite the fact that, to date, Martinelli remains protected by the Principle of Specialty under which he was extradited from the United States, a legal recourse that explicitly states that he cannot be tried for any crime other than that which is included in the extradition request.  However, the specialty was neglected, which is why it is crucial that the Supreme Court of Justice resolve the legal action filed by its legal representative more than a year ago so that Marquínez’s decision is in accordance with the law. 

Experts on the subject have mentioned that the investigative resolution against Martinelli violated articles 4 and 32 of the Political Constitution of the Republic of Panama, which establish that the State must abide by the norms of international law and that no one shall be judged, except by competent authority and in accordance with legal procedures, and not more than once for the same criminal, administrative, police or disciplinary cause. 

According to jurist Dani Vásquez Atencio, the ruling contains several errors because the authority applied the exception to the Principle of Speciality without substantiating the reasons for its decision, subjecting it to a process “orchestrated by political enemies who used power to distort and apply the laws to their convenience.” 

The lawsuit challenging the constitutionality of the New Business case ruling, according to lawyer Carlos Carrillo, will also clarify the confusion surrounding the need for cross-examination, because the Court has to decide whether a person can be convicted based on the testimony of witnesses who did not appear in court.  “It would be appropriate for the court to define the issue now that the Principle of Specialty is being discussed again,” he pointed out. 

He noted that, although they have not received any notification from the entity, he hopes that their response will come before the deadline that the law grants to the judge in the Odebrecht case so that in this litigation the guarantees that were denied to his client in New Business are respected.  The lawyer reiterated that the Ministry of Foreign Affairs (MIRE) is the only entity authorized, according to the Constitution, to certify the lifting of this Principle for Martinelli and has already certified that it has not received any request in this regard from the Specialized Anti-Corruption Prosecutor’s Office of the Attorney General’s Office or from the First Specialized Prosecutor’s Office against Organized Crime; therefore, the judicial authorities are incurring a violation of his rights. 

“It would be appropriate for the court to define the issue now that the Principle of Specialty is being discussed again,” he pointed out.  He noted that, although they have not received any notification from the entity, he hopes that their response will come before the deadline that the law grants to the judge in the Odebrecht case so that in this litigation the guarantees that were denied to his client in New Business are respected. 

The lawyer reiterated that the Ministry of Foreign Affairs (MIRE) is the only entity authorized, according to the Constitution, to certify the lifting of this Principle for Martinelli and has already certified that it has not received any request in this regard from the Specialized Anti-Corruption Prosecutor’s Office of the Attorney General’s Office or from the First Specialized Prosecutor’s Office against Organized Crime; therefore, the judicial authorities are incurring a violation of his rights. 

He added that the defense is committed to ensuring that the former president’s rights are respected; this includes the Principle of Specialty, the right to challenge evidence , and other grounds for nullity that were invoked during the hearing because he has not been linked to any illicit act related to state assets.  “He cannot be accused of money laundering stemming from the crime of embezzlement,” he stated.  In other news from the former President……….

For Failing to Complete Projects Started by the Previous Administration, Martinelli Proposes that Presidents, Ministers, and the Comptroller be Held Responsible

The former president recalled that the Bugaba hospital and the City of Health, among others, began during his administration and Mulino was the one who finished them.  Former President Ricardo Martinelli announced that the Realizando Metas party will propose a law to hold the president, the relevant minister, and the comptroller jointly liable for failing to continue unfinished projects from a previous administration. 

The former president’s reaction comes hours before President José Raúl Mulino inaugurates the Roberto Mariano Bula stadium in Colón.  “There should be a law here, proposed by the Realizando Metas party, that holds presidents accountable for not continuing the works of the previous president, so that the president, the relevant minister, and the comptroller are jointly and severally liable civilly and criminally for not continuing a project of a previous government that, for political reasons or whatever, they decide not to continue,” Martinelli said in a video posted on his social media. 

“President Mulino had to come and continue the work we left pending since 2014 so that many of these projects could be inaugurated,” he added.  Martinelli recalls that the work on that sports coliseum on the Atlantic coast began during his administration, and in between, two governments passed, that of the Panameñista Juan Carlos Varela and that of the PRD, Laurentino Cortizo, without the building being finished.  In fact, Martinelli recalled that the same thing happened with the City of Health as with the baseball stadium.  The construction of the City of Health began during his administration at a cost of $518 million, but subsequent presidents did not advance the project and it ended up costing, according to Martinelli, $2.2 billion. 

But that wasn’t the only project stalled by the next two administrations, as the Bugaba hospital in Chiriquí also had a stroke of luck. This hospital was recently inaugurated by the Mulino administration.  Furthermore, Martinelli asserts that the Metetí Hospital, the Amador Guerrero Hospital in Colón, the Hugo Spadafora Hospital, as well as roads and bridges, are still awaiting inauguration. “Congratulations to the people of Colón, let’s move forward, this is an important project,” said Martinelli, who took the opportunity to recommend the book “Judicial Terrorism” by Mery Alfaro de Villageliú.

9 days, the period that has elapsed since the Odebrecht case hearing ended.

2 Prosecutors are attempting to circumvent the Principle of Specialty of former President Ricardo Martinelli.