Electoral Tribunal clears the way for ex-president’s bribery trial

Former Panama president Ricardo Martinelli will face trial in September for the bribes distributed by Odebrecht in exchange for contracts with the Panamanian government after the magistrates of the Electoral Court (TE) decided to maintain the suspension of the criminal electoral jurisdiction.

On  Monday, July 25, magistrates Alfredo Juncá (rapporteur), Heriberto Araúz, and Eduardo Valdés denied an appeal that Roniel Ortiz, Martinelli’s lawyer, filed against a resolution of June 28, 2022, in which the Third Judge Electoral Administrative, Marybeth Álvarez, ordered the suspension of Martinelli’s jurisdiction, alleging that there is no judicial pronouncement that makes it impossible for the former president to be prosecuted for reasons other than the one for which he was extradited by the United States in 2008.

The decision of TE the plenary session was communicated in a Tuesday, the suspension of the jurisdiction so that Martinelli is prosecuted for alleged money laundering in the Odebrecht case.

The decision taken by the plenary session of the TE on Monday is very different from the one adopted on March 22  reports La Prensa. That day, the magistrates Juncá and Araúz -with the saving of Valdés’s vote- decided to revoke a decision of the Second Administrative Electoral Court, under the responsibility of Edmara Jaén, which had ordered Martinelli’s criminal electoral jurisdiction to be lifted, but in relation to the New Business case.

On that occasion, Juncá and Araúz argued that the principle of specialty, contained in the 1904 extradition treaty, agreed between the United States and Panama, was applicable to Martinelli. That ruling was challenged as unconstitutional before the Supreme Court and Juncá and Araúz were sued for excess of functions.

The preliminary hearing for the Odebrecht bribes will be held on September 12.