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About the Investigators and Prosecutors of Corruption in Panama


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Panama judicial investigators given failing grade

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Panama’s Directorate of Judicial Investigation (DIJ)  came bottom of the list in a study of the performance of justice entities and police authorities.

The investigation entitled  CrimJust, a project developed by the United Nations Office on Drugs and Crime (Unodc), Transparency International (TI)  analyzed factors such as performance, integrity, independence, and transparency of the  DIJ, the Public Prosecutor’s Office (MP) and the Judicial Branch (OJ).

The MP  and the Judicial Branch (OJ) had a poor evaluation in terms of independence and integrity, interaction with society, transparency, and protection of victims and witnesses, among other indicators.

75 indicators were measured in 7 dimensions: internal oversight, protections, external oversight, transparency, civil society participation, independence and integrity, and capacity. The study was carried out between the last quarter of 2017 and the second quarter of 2018.

Ethics training
The investigation concluded that the DIJ concluded that this entity does not offer any training in matters of ethics and integrity to its personnel. Nor does it have a clear internal disciplinary process to prevent and punish improper conduct, nor mechanisms to protect whistleblowers, victims, witnesses, and officials, or their families.

In terms of transparency, the DIJ had a red evaluation on all measured indicators.

The study also concludes that the DIJ does not interact with civil society organizations or the general public.

The report highlights that in the DIJ “it is common for external actors to seriously interfere in the activities of the institution,” and warns that it also lacks protocols to improve recruitment practices and the appointment of personnel to help complete independence.

The DIJ only met 23.5% of the indicators that were evaluated, according to the report The investigation recommended that a legislative initiative be taken to separate the DIJ from the National Police, in order to be independent.

During the administration of President Martin Torrijos (2004-2009), the entity – then the Judicial Technical Police (PTJ) – which was attached to the MP, passed to the National Police.

Unodc, Interpol, and TI also recommend the implementation of ethical norms for the officials of the DIJ and to review the disciplinary mechanism of the National Police, according to standards for the protection of human rights.

In addition, the investigation proposes a review of the disciplinary process in the DIJ to guarantee the anonymity to the complainant, particularly when dealing with an official of the entity, to avoid reprisals from their bosses.

 

https://www.newsroompanama.com/news/panama/panama-judicial-investigators-get-failing-grade

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Anti-corruption prosecutors stymied by  investigator transfers

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Attorney General Kenia Porcell will not resign

Posted 19/07/2019

Attorney General Kenia Porcell says that the work of anti-corruption prosecutors in high profile investigations has been hampered by the removal of more than 20 agents of the Directorate of Judicial Investigation (DIJ) , the director of Manuel Castillo.

"I do not understand why he is acting like this ... He was already the director of the DIJ in the period 2012-2014, with former president  Martinelli, therefore, he knows perfectly how the DIJ works with the Public Ministry. Why is he doing that? "Porcell said on  Friday, July 19.

"Technically, the DIJ is dismantling anti-corruption prosecutors ... What the DIJ is doing is destabilizing the institution," he added.

Castillo has been the director of the DIJ for 12 days. He already held that same position in the government of Ricardo Martinelli, between 2012 and 2014, just when communications were intercepted, without judicial authorization, using personnel and resources of the National Security Council . Due to these facts, there are two ex-directors of the Council sentenced to 80 months in prison and Martinelli is currently on trial reports  La Prensa.

Castillo was appointed to his current  post  by Jorge Miranda, whom President  Laurentino Cortizo appointed director of the National Police

Miranda also had a high position in the administration of Martinelli: he was director of Intelligence of the Police, when the illegal wiretaps  were made.

Porcell said that the agents of the DIJ recently removed from the prosecution offices acted as investigators in the Odebrecht cases , Pandeportes, communal meetings, Blue Apple , "that are , significant investigations for Panama." 

"Instead of reinforcing [the work teams], they are changing them to put someone unknown who does not know the cases, so that is not a good message in the fight against corruption," the prosecutor said. 

Porcell said she was "sure" that the Minister of Public Security, Rolando Mirones, is unaware of Miranda's actions. Sh e said that prosecutors will send a note to the director of the DIJ to inform him of the negative consequences of his decision. 

She added that she trusts the word of Cortizo, who at  his inauguration asked prosecutors and judges to do their work independently, although she acknowledged that every time there is a change of government "they always want to remove the prosecutor."

"I have not been asked to resign, but I do have to say that the team that surrounds me and the prosecutors are are asking: 'and when is the prosecutor going? When do you resign? What are you going to do? Now, what is going on the street? ... But I am not going to resign, I am the constitutional attorney of Panama until 2024. More than threats, there is always a message, a chat, a gloss, a visit that says when they leave ", warned Porcell.

Odebrecht

Porcell reiterated the call y to continue investigating the Odebrecht case.

"We received in good faith the information of correct investigative journalism," she said. As a result, prosecutors are making some confrontations with information already available. " The message to the Judicial Branch give us more time to investigate."

She  said that in Brazil, Switzerland, the United States, ans Andorra, investigations are progressing. "Why cannot Panama continue its investigation?"

She indicated that this is due to the lack of will in the administration of justice. "Everyone takes care of their name and surname.”

Porcell reiterated the call made by the Public Ministry to continue investigating the Odebrecht case.

"We received in good faith the information of a correct investigative journalism," she said. As a result, prosecutors are making some confrontations with information already available. " The message to the Judicial Branch, is  give us more time to investigate."

She  said that in Brazil, Switzerland, the United States, Andorra, investigations are progressing. "Why cannot Panama continue its investi gation?"

She indicated that this is due to the lack of will in the administration of justice. "Everyone takes care of their name and surname.”

 

https://www.newsroompanama.com/news/anti-corruption-prosecutors-stymied-by-investigator-transfers

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  • Moderator_02 changed the title to About the Investigators and Prosecutors of Corruption in Panama
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Martinelli linked lawyers seek suspension of top prosecutor

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Kenia Porcell

Posted 23/07/2019

Panama’s fractured judicial system took another hit on Tuesday, July 23 when a group of lawyers including members of ex-president  Ricardo Martinelli’s legal team denounced  Attorney General , Kenia Porcell , l for the alleged commission of crimes of simulation punishable, against public servants and abuse of authority.  

The complaint was filed by lawyers Kevin Moncada-Luna Arjona, Shirley Castañedas, Jessica Denisse Canto and Roniel Ortiz, thee last two members of the former president Martinelli's legal team.  

The action against Porcell follows her  accusing the Directorate of Judicial Investigation (DIJ) of dismantling anti-corruption prosecutors, by removing investigators.  

The lawyer Moncada-Luna described described Porcell’s statements as "strong, reckless and false".  

"We are of the criterion that the actions deployed by the attorney have generated unnecessary concern in society, since they have simulated punishable acts where there are none, and has alarmed the country using its position of MP chief official," the complaint states.  

He  added that they are  also denouncing the fact that members of the DIJ "were denied access to their workplace." 

The group  asked for the provisional separation of the office of the attorney general - "as she in the position could use her power to hinder the investigations". 

As evidence,  newspapers were presented and the statement of the Ministry of Public Security reacting to the issue. 

 

https://www.newsroompanama.com/news/martinelli-linked-lawyers-seek-suspension-of-top-prosecutor-2

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Criminal probes paralyzed by “illegal” vacations

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Leyda Saenz

Posted 23/07/2019

The investigation for alleged irregularities in the handling of funds provided by Pandeportes to sports federations are paralyzed, after the investigators of the Directorate of Judicial Investigation (DIJ) were sent on vacation without notifying the authorities of the Public Ministry says the seventh Anti-Corruption Prosecutor.

In an interview on TVN, Leyda Sáenz warned that at least 99 lines of investigation are being held up and that this can affect the development of the process.

She said that Law 69 of December 2007 prevents IDJ agents who work with prosecutors from abandoning their investigations without having concluded them.

Sáenz warned that the paralysis of the investigation can affect the entire development of the process, covering sports associations and federations, whose authorities must be physically located to ask for explanations about the economic contributions that were made by Pandeportes.

She stressed that preliminary investigations show a possible lack of support of $9 million in Pandeporte. and as it is a process that is developed under the norms of the accusatory criminal system (SPA), a combined work with the DIJ is imposed for verification.

Other investigations open under the rules of the SPA, such as that of the communal boards and the forms 080 and 172 of the National Assembly, which are also paralyzed by the vacations of the agents.

He said that in addition to the investigators assigned to the Pandeportes case, the head of the Division of Crimes against the Public Administration  was also sent on vacation unexpectedly and without prior notice to the Public Ministry (MP), although he had assignments.

 

https://www.newsroompanama.com/news/criminal-probes-paralyzed-by-illegal-vacations

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Corruption prosecutors stymied by missing investigators

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Kenia Porcell

Posted 24/07/2019

The Directorate of the  Judicial Investigation (DIJ) continues refusing to collaborate with prosecutors says  Panama’s Attorney General, Kenia Porcell who has accused the institution of disabling anti-corruption prosecutors, by removing investigators from high profile cases.

She stressed that investigations were in the hands of the prosecutors who could nor be overruled by the police.

"If the director of the IJD, and it is presumed that he knows the law, and the law is clear, says that the judicial investigators cannot separate or move, then why did he do it?"  said Porcell on TeleMetro morning news.

Porcell said she does not want to think that they are attacking  the Public Prosecutor's Office (MP), "but there are circumstances that seem like yes." She has previously stated that investigating officers have been sent on leave although the law says they cannot take leave until the investigation is complete.

She has blamed Manuel Castillo, who was appointed to the DIJ  by the National Police, Director Jorge Mirada, DIJ. Castillo already held the same position in the government of Ricardo Martinelli, between 2012 and 2014

"I think the director of the IJD is exceeding his duties, I think he knows that he is breaking the law because the anti-corruption prosecutors informed him through notes," she said.

Porcell said that in recent days she has revealed what is happening to the anti-corruption prosecutors, "but we know that there are other areas where there are also sensitive issues with the DIJ," involving two senior businessmen who have been investigated.

Porcell stressed again that she will not resign from the post, which she has held since January 2015. "I do not have to do it," she said.

He indicated that the desire of prosecutors and the MP is to continue working on their investigations. She also called for the Judicial Body to hold the hearings commenting that 70% of the cases that started since 2015 still do not have a decision. "We want to fight in law accordingly, but the MP cannot do it alone," he said.

Porcell also referred to the recent complaints filed against her. In this regard, he said that "there is an interest of a sector." [the complainants included members of Ricardo  Martinelli’s legal team.]

"If I check the background, they have all been processed or have links to people we have processed." "I have not committed any crime. I have had a commitment to the country, with the MP

 

https://www.newsroompanama.com/news/corruption-prosecutors-stymied-by-missing-investigators

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