Amengor decision raises storm in civil groups

A decision of the Credentials Committee of the National Assembly, to archive complaints against a former judge, has caused  concern,  and widespread criticism  in Panama.

Miguel Fanovich, chairman of the committee, on Tuesday, April 19 challenged the Public Ministry (MP) to find any evidence of complaints filed to investigate  former judge Jose  Abel Almengor.

"I'm sure the MP, with the same case, will not be able to do anything, because you will not find any pre-trial test. I challenge you to find something," he said. {jathumbnail off}
Fanovich reacted after the questions of political commentators and civil society groups who argued that the commission violated due process by failing to refer complaints to the MP.
Fanovich  said that there was no violation of due process because, he they complied  with the Constitution, the Judicial Code and the provisions of Procedure of the Assembly, which says it is for that entity to analyze cases against judges.
He said that at the time of filing the complaints, Almengor was a judge. also The allegations were not admitted because of lack of legitimacy."

If we had received  the notice [of resignation] before deciding on these records, we would have had to refer them to the MP," he said.
He denied any interference by the executive in the decision.
Former Attorney General, Ana Matilde Gomez thought that surely there were "political complicity." "Deputies have not sized the importance for the consolidation and future of democracy to adequately balance its role from the executive. They have not understood that that body should be independent of the state," she said.
In her view, is essential to conduct a real investigation, "which brings to the limelight once and for all the corruption in the judicial system, which was revealed by one of its members,  ex Judge Zulay Rodriguez.".
The president of the National Bar Association, Elias Ruben Rodriguez, said  that the Assembly failed to comply with the procedure.
By not resigning, he said, the deputies, facing court cases,  broke the law, which shows a huge ignorance of the rules of procedure, and a breach of the law.
"Against this background, the complainants should have recourse to the Supreme Court and file an injunction of guarantees, as evidently violated due process. And wait and see what the Court says about it, "he said.
Idalia Martínez,  of theCitizens' Assembly, rejected the arguments of the Credentials Committee that the claims lacked the evidence summary and said that, under the Judicial Code and Law 51 of July 2, 2008 , the emails themselves can be considered as such.
Four of the five deputies who approved the archiving of the complaints have outstanding cases against them in the Supreme Court.
This situation caused a conflict of interest, but none of the deputies was declared unable to discuss the allegations against the former judge says La Prensa.The four members are Miguel Fanovich, Gabriel Mendez, Manuel Cohen and Jose Maria Herrera.
 Comments  on the decision, published by La Prensa, included
"They fear an investigation would open Almengor’s mouth. It is no secret that these complaints relate Almengor for Murcia."
Francisco Sanchez Cardenas
PRD president
"The Assembly has reached the bottom of the barrel.. It's a case that should have been taken to the ultimate consequences."
Milton Henriquez. Popular Party president
"It was expected, because the deputies do not have initiative and obey the President; and between this and Almengor there is any relationship."
Mauro Zúñiga, Civil society activist.
"This is going to happen while the judges judge Members, and vice versa.
Carlos Lee, Citizens Alliance for Justice.
"By delivering the complaint, the Citizens' Assembly intended  it to be investigated, and reiterates that request." Noris Vega Citizens' Assembly.
"It was a  politically driven decision. It is urgent that the MP activate the mechanisms and investigate all crimes."
Miguel Antonio Bernalm Constitutional lawyer.
"While there is no  independence between the organs of the state, see how those who violate the law go unpunished."
Angelica Maytín, Transparency International