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Panama’s "Scandalous” Judiciary


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Presidential hopefuls react to Supreme Court corruption scandal

Posted on November 18, 2018 in Panama

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Jose Isobel Blandon
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Three of the five presidential candidates already proclaimed for the 2019 general election have spoken out on the growing scandal surrounding Panama’s Supreme  Court with allegation ’s flying of judges for sale on the eve of one of the country’s most vital hearings announcing the future of the wiretapping case against ex-president   Ricardo Martinelli.

They agree that Panama needs structural changes to clean up the judicial system although similar promises have been made before, including Varela, who while president-elect had said he would call for the resignation of the court president Ayu Prado. who while Attorney  General was accused of questionable actions related to a Financial Pacific investigation. Soon after Martinelli appointed him to the Supreme Court. Ayu Prado abruptly resigned as court president earlier this year, soon after claiming he would run for re-election. He gave no reason for his overnight resignation, which set tongues wagging.

José Isabel Blandón, candidate of the Panameñista Party  candidate and current mayor of Panama Told La Prensa,  “all these scandals do nothing but reaffirm the need for a profound transformation that must go through a constitutional change.”

Rómulo Roux, candidate of the opposition CD Party whose future will be dramatically affected by what happens to Martinelli, the party founder, is emphatic that the country’s institutions have collapsed, and also advocates a “push”  for constitutional reforms. “The reforms to strengthen the three organs of the State cannot wait any longer. I invite the other presidential candidates to support this initiative, “he said.

The representative of the opposition Broad Front for Democracy (FAD), Saúl Méndez, said  the population must take action against these “acts of corruption that occur almost daily.”

“We are facing a crisis of morals and ethics, a crisis of values. The Mafia took over the Panamanian state and turned it into a practically bankrupt state, and these are the consequences, “he says. “The negotiation of decisions is not a new issue and is a sample, together with the irregularities in the subsidies of Pandeportes, of “the rottenness” in which the institutions are submerged.”

Laurentino Cortizo, the PRD presidential candidate, is in Texas and told La Prensa he doesn’t have a handle on the case. Some of the judges in the eye of the storm were PRD era appointees.

José Domingo Mimito Arias, of the Alianza Party, has not answered calls for his opinion, nor has it been expressed in the party’s social networks.

The issue arises from the filing  of complaints by  businessman César Alvarado Taylor filed in the National Assembly and the Public Ministry – in which he states that Oydén Ortega Collado, son of magistrate Oydén Ortega Durán, asked for money in exchange for a ruling  in his favor in a cassation appeal filed on a litigation for eight farms in Boquete.

Appeal drafts
Alvarado Taylor attached checks, documents, and reports of conversations that prove  he paid $15,000 to Ortega Jr. for the admission of the appeal by the rapporteur Hernán De León. He also indicated that Claudia Purcait, the assistant of Supreme Court Judge  Ortega, participated in the drafting of the appeal.

The businessman also contributed a draft decision in which De Leon orders to return two of the eight farms. Alvarado said that when he protested the decision and requested the full return of the land, Ortega Jr. informed him that De Leon had an offer of $ 250,000 from the other side and had to match the sum. If not, another ruling would be drafted, this time against him.

That was when Albarado Taylor brought the complaint to the Assembly, which filed it on June 26, 2017.

In August, this year he denounced the case before the Public Ministry.

 

https://www.newsroompanama.com/news/panama/presidential-hopefuls-react-to-supreme-court-court-corruption-scandal

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Panama’s “scandalous” judicial record knocked by world watchdog

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The Supreme Court
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The lack of will and resources for the implementation of the judicial career are two of the “scandalous” factors that have influenced the Judicial Body for the processing and solution of 20 high-level corruption cases, said the Foundation for the Development of Citizen Liberty, the Panamanian chapter of Transparency International.

The Foundation says it has been “monitoring the performance and capacity” of the Panamanian Judicial Body in the handling of the cases and detected that lack of will.

But they also found that the length of time taken by the judges, the excessive reckless judicial resources and the inability to conduct the hearings are resulting in judicial default, which is described as “scandalous”.

In a statement published on Tuesday, November 27, the Foundation stressed that the Executive Branch has impacted the capacity of the Judicial Body “negatively” in two aspects: the lack of allocation of the necessary budgets for the implementation of the judicial career and the unprecedented delay of almost one year in the appointment of the magistrates of the Supreme Court of Justice.

“The institutional crisis is generating a deep distrust in the public about justice as a public service, pillar of democracy and guarantor of equality before the law,”  said the statement

 

https://www.newsroompanama.com/news/panama/panamas-scandalous-judicial-record-under-attack

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  • Moderator_02 changed the title to Panama’s "Scandalous” Judiciary
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Mollycoddling judge hands out $500,000 bail in $47.5 million probe

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Judge Leslie Loiaza
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The fifteenth criminal judge, Leslie Loaiza who has exhibited a soft spot for high profile corruption suspects has granted a bail of $500,000 to a former Public Works Minister (MOP) in a $47.5 million investigation.

Federico Suárez is charged with alleged embezzlement in the case of presumed overpricing in the widening of the Domingo Díaz road.

Panama’s Comptroller General o calculated at $47.5 million the possible overprice on the work, developed by the consortium formed by the company Ingenieros Civiles y Asociados, SA (ICA) and the Meco construction company.

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Federico Pepe Suarez

“Federico Suárez is not a person with a dangerous profile, who tries to attack third parties; he has no possibility of contaminating or destroying evidence since the Public Prosecutor’s Office has carried out an extensive investigation; In addition, he has family, work and territorial roots” the judge argued.

It is not the first time that Loaiza has granted  Suárez bail. In July 2017, he granted him $500,000 bail as part of the investigation for alleged irregularities in the extension of the Arraiján-La Chorrera highway, reports La Prensa. The Anticorruption Prosecutor’s Office had ordered his arrest in that case.

In 2015, Loaiza also favored Suarez with a definitive dismissal in the case of the purchase of dehydrated food for $44.5 million with funds from the now-defunct National Aid Program (PAN). The Public Ministry had requested that a criminal case be opened.

A report from the Public Prosecutor’s Office reports that Loaiza is one of the judges who has given more bail in high-profile cases, with a total of 23.

This month, Loaiza also annulled the investigation of former Minister of Social Development Guillermo Ferrufino for the rental of helicopters with PAN funds.

Despite the latest bail, Suarez will not be released yet because he has also been under a detention measure since October 12, as part of the investigation of overpricing in the preservation of the historical heritage of the city of Panama (remodeling of the Casco Viejo ), by Odebrecht.

In addition, he has a similar measure for the investigation of bribes allegedly paid to officials of the past government by state contractors, a case known as Blue Apple.

 

https://www.newsroompanama.com/news/panama/mollycoddling-judge-hands-out-500000-bail-in-47-5-million-probe

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Judge  threatens action against critics

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A judge who has gained notoriety for his velvet glove rulings in high profile corruption cases has issued not so veiled threats to critics.

On Friday, November 30 as he handed down another controversial decision fifteenth criminal judge Leslie Loaiza said: “ “If the decision is not to the liking of some, for that there are the respective resources. We issue the resolutions impartially, independently, and without media pressure. ”

The comment came in the ruling that partially annulled the case of seven officials of the last government for alleged irregularities in the rental of helicopters with funds from the now-defunct National Assistance  Program (PAN).

The warning did not end there reports La Prensa. He immediately says that if he is attacked in the exercise of his judicial actions, he will be forced to take the actions that the Penal Code allows him to denounce threats to judges. That includes, he says, sanctions for disrespect, and civil suits for attacking his honor.

After the warning, gave the reasons for declaring the nullity of the case against the ex-ministers of Agricultural Development  Emilio Kieswetter and  Óscar Osorio, and of Health Franklin Vergara and Javier Díaz. The ruling also favors the former director of the National Civil Protection System Arturo Alvarado, and the former director of the National Land Administration Authority Franklin Oduberand the ex-Minister of Health Serafin Sanchez.

The Fourth Anti-Corruption Prosecutor’s Office charged them with the alleged commission of crimes against the public administration. However, Loaiza decided to declare the relative nullity of the case alleging lack of due process when the inquiry was made.

He was inspired by international conventions and particularly by two Supreme Court rulings. One of them is the sentence of Judge Angela Russo that annulled the process that was being followed by former Security Minister José Raúl Mulino, for supposed anomalies in the purchase of radars. That ruling alleged that the prosecution extended the investigation process.

The other is the decision of the Second Superior Court, which ordered the annulment of the proceedings against former Minister of Education Lucy Molinar, for the alleged commission of the offense against public administration in the purchase of musical instruments. The court warned that the Anticorruption Public Prosecutor’s Office exceeded the investigation period and did not ask the judge of the case for authorization to continue the investigation.

It is the second decision of Loaiza in the same month that benefits those investigated in the same case.

On November 8  he declared the nullity of the process followed to by  former Minister of Social Development Guillermo Ferrufino, arguing that the offense is not proven “to be an ineffective audit of the Comptroller.” Curiously, the judge had validated an effective collaboration agreement between the Public Prosecutor and former PAN director  Rafael Guardia, in which the former official confessed to committing the crime against the public administration in this process.

But the fifteenth judge has also been in the news in the last month for other failures says La Prensa.

He granted bail of $ 500,000 to the ex-Minister of Public Works Federico José Pepe Suárez, in the investigation overpricing in the widening project of the Domingo Díaz road.

A report from the Public Prosecutor’ warns that he  is one of the judges that has given most bail in high profile cases, with 23 so far

In November the Judicial Branch announced that Loaiza admitted a nullity incident against the investigations of former ministers Lucy Molinar (Education), Roberto Cohen Henríquez (Presidency), Ferrufino (Social Development) and Jaime Ford Castro (Public Works), as part of the research for the purchase and sale of grains of the PAN.

In this same case, last May, the judge in charge Dalys Sánchez (currently secretary of the court) dictated the file of the trial against the former Minister of Finance  Frank De Lima.

While in July of this year, the judge gave a definitive dismissal to 16 people in the case of the purchase of backpacks with PAN money. Among the defendants were  Molinar, Poulette Morales, Mario Martinelli, Gia¡como Tamburrelli and Pablo Ruiz Obregón.

In August he pronounced a definitive dismissal in favor of the former candidate for Democratic Change deputy Heriberto Yunito Vega. The measure also benefited Tamburrelli.

 

https://www.newsroompanama.com/news/panama/judge-threatens-action-against-critics

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La Prensa had an interesting article today on the subject of corruption in the courts: "I Pay Judges Every Day".

https://impresa.prensa.com/panorama/pago-jueces-dias-Janio-Lescure_0_5223977639.html

I have made a full translation for my personal use, but prefer not to post it. The four pages are available in pdf format to anyone who contacts me privately.

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Deputy Prosecutor Facing Corruption Charges

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Posted 07/02/2019
 
Panama’s Anti-Corruption Prosecutors Office is appealing the decision of  Judge of Guarantees, Carlos Fajardo, in a corruption case involving the deputy prosecutor of the Public Ministry (MP) in La Chorrera who is facing corruption charges and has been placed under country arrest and ordered to report twice a month.  The precautionary measure was requested by his lawyer but The Anticorruption Prosecutor's Office, represented by Jacinto Pérez, wants provisional detention  for the accused.

The appeals hearing will be on  February 13 at 10 a.m.

 

https://www.newsroompanama.com/news/deputy-prosecutor-facing-corruption-charges

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