Supreme Court rejects Martinelli unconstitutionality claim

Panama’s  Supreme Court has rejected a claim of presented by former President Ricardo Martinelli, against a decision adopted on July 4, 2018 by the then magistrate Jerónimo Mejía, acting as a judge of guarantees in the illegal wiretapping case.

With the decision, Mejía denied an appeal for annulment filed by the  Marinelli defense tat appealed to his immunity as a deputy of the Central American Parliament (Parlacen) .

In the ruling, dated July 31, 2020, under the presentation of Judge Asunción Alonso, the Court concluded that Martinelli’s defense did not explain in a clear manner what the alleged constitutional violation consisted of and, instead, only presented general allegations.

Carlos Carrillo, from Martinelli’sbattery of lawyers, was in charge of filing the unconstitutionality lawsuit against Mejía’s decision not to accept the appeal for annulment filed during the intermediate phase of the wiretap process.

Carrillo alleged that his client, because he was a Parlacen deputy at that time, had his fundamental rights violated,.

Martinelli resigned from Parlacen in June 2018.

On December 7, 2018, the plenary session of the Supreme Court declined its jurisdiction, as having ceased to be a member of Parlacen, the process had to be reviewed by a trial court of the First Judicial District of Panama.

However, Martinelli’s defense argued then that by not respecting his immunity as a Parlacen deputy, the case should have been declared void.

On August 9, 2019, a trial court declared Martinelli “not guilty.”

On July 31, the Criminal Chamber of the Court did not admit an appeal for cassation filed by plaintiffs and declined jurisdiction in two appeals for annulment with the concurrence of cassation, which have yet to be resolved, reports La Prensa.