Martinelli was declared willfully absent by Judge Jerome Mejía from a hearing held last week on charges that he ordered illegal wiretaps while in office. The same day, four provisional detention applications were filed: one by Prosecutor Harry Díaz and the others by lawyers for victims in the case.
The decision came after a hearing that started at 3 pm and went on until a ruling was given after 10 pm.
Defense attorneys for Martinelli repeated their claims that their client is being persecuted by President Juan Carlos Varela.
Alma Cortés, whom Martinelli appointed acting president of the CD party Sunday, told waiting media that she was “prepared for the worst” reports La Prensa
At the beginning of the hearing, Mejia said he had not previously called for the arrest of the former president to avoid the appearance that he is being persecuted.
At the request of Diaz, the court also was deciding whether to cancel Martinelli’s passport in accordance with article 229 of the criminal procedure code. Ángel Álvarez, who represents four of the victims – Miguel Antonio Bernal, Zulay Rodríguez, Yadira Pino and Yassir Purcait – also requested the extradition of Martinelli from the United States, where Martinelli is believed to be staying. Rosendo Rivera, a lawyer for other victims, supported the request.
Lawyer Carlos Herrera Moran, who also represents victims, said he does not understand how the defense is claiming that Martinelli was not notified of the process.
“The defendant referred to this process on television networks and social networks. He is familiar with this process and has not appeared, and instead throws insults at the judge and prosecutor,” he said.
In addition, the lawyer noted that on the day of the hearing, Martinelli was on social networks commenting about it less than two hours after it finished.
Carlos Carrillo, Martinelli’s lawyer, insisted that his client was not duly notified. He said that requests for pre-trial detention do not meet the requirements dictated by the law.
Carillo said: “If he has not been charged, how can it be possible that he was declared absent?”
In the course of the hearing, another lawyer for Martinelli, Sidney Sitton,said he would file an appeal of unconstitutionality against the measure of precautionary detention.
Mitchell Doens, former secretary general of the PRD and a victim in the case, said that “nobody” has referred to the merits of the case and that the parties have focused on debate about due process.
“The root of this problem are the offenses which were committed against more than 150 people,” he said.
Balbina Herrera, a former PRD presidential candidate and a victim, emphasized on the need for the court to set a precedent in this matter.
She added that she would not like to see a former president come to Panama in handcuffs.
“I hope he comes on his own accord to deal with the case,” she said.
