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Supreme Court Delays and Selective Justice; Efforts To Improve The Judicial System


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Supreme Court delays and selective justice

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Posted 17/04/2019

there is no justification for the magistrates of Panama's   Supreme Court of Justice (CSJ) to continue dragging their feet in the processing of complaints against deputies of the National Assembly according to legal analysists and civil society.

After the publication by  La Prensa about outstanding charges against PRD deputy  Alfredo Fello Perez and his links to organized crime, and the delay of the judges in resolving processes is questioned.

One of the complaints against the PRD deputy gathering dust in the CSJ  is for alleged illegal trafficking of cocobolo wood. It has its origin in a police report of September 2012, before Perez held an Assembly seat.

Seven years have passed and there is still no definition of this process by the plenary of the CSJ says La Prensa.

Civilsectors warn that the is situation generated by the CSJ has affected the institutionality in the administration of justice.

Freddy Pitti, of the Together We Decide Movement, said pointed out that there is no justification for the CSJ not resolving an accumulation of complaints that have been filed against deputies.

He stressed that it has caused the population to lose confidence in public entities, mainly in the administration of justice and demonstrates the need to introduce profound changes in the political system through constitutional reforms.

Lawyer Ernesto Cedeño said that there seems to be a degree of selectivity in the administration of justice, evidenced by the speed with which some cases of deputies are filed, versus others that remain open. "The Court does not have the effervescence of complying with the administration of justice in  processes that  against deputies"

He shares Pitti's view that constitutional reform is required, in which a new mechanism is established to investigate and judge the lawmakers.

Carlos Lee, of the Citizens Alliance for Justice, the Panama branch of Transparency  International said that the apparent selectivity in the treatment of judicial cases faced by deputies is a constant in high-profile cases.

 Roberto Troncoso, former president of the Panamanian Committee for Human Rights, said that the handling of denouncements of the deputies in the CSJ has become a  "tug-of-war," when there is a tense situation between both organs of the State.

He dsod stressed there is a perception in the community of the existence of a kind of non-aggression pact between the Assembly and the CSJ  which has led to a lack of credibility in the judicial processes.

Electotal Shield 
Troncoso said that another factor affecting investigations of deputies is the electoral penal jurisdiction, which applies gives them a  legal shield.

The former vice president of the National Bar Association Juan Carlos Araúz believes that the legislation of the special processes that follows the deputies is, deliberately designed for impunity.

He said that the CSJ has exceeded its capacity to investigate a large number of complaints against deputies, which undoubtedly causes many to be prescribed.

 

https://www.newsroompanama.com/media-watch/supreme-court-delays-and-selective-justice

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Commission to Name Supreme Court Judges Installed

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Posted 03/06/2021

The Special Evaluation Commission of the State Pact for Justice - which will evaluate candidates for magistrates of the Supreme Court of Justice (CSJ) was installed on Thursday, June 3.

The Executive summoned commission will  analyze the profile of the candidates to replace Hernán De León and Luis Ramón Fábrega, whose terms expire on December 31

Representatives of the 12 sectors that are part of that group attended the first, meeting held at the headquarters of the Office of the Attorney General.

Juan Carlos Araúz, president of the National Bar Association and spokesman for the commission, reported that the presentation of the resumes of the applicants begins on Friday, June 4. Those interested should take their papers to the Research and Training Center of the Public Prosecutor's Office in Llanos de Curundú, from 8:00 a.m. to 5:00 p.m.

Araúz that the criteria to be taken into account revolves around experience, profiles, critical vision of the state of justice, and the contributions that can be made.

 

https://www.newsroompanama.com/news/commission-to-name-supreme-court-judges-installed

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  • Moderator_02 changed the title to Supreme Court Delays and Selective Justice; Efforts To Improve The Judicial System
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Moderator comment: Methinks the title of this news article should read “Weak justice institutions”.

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Week justice institutions

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07/06/2021

The Institutional Quality Index 2021 of the Liberal Network of Latin America prepared by Martín Krause, professor of Economics at the University of Buenos Aires, reveals that Panama appears to be competitive in the field of market institutions, driven by the use of the dollar, economic openness, the banking center, etc. Taking into account only these factors, Panama ranks fifth on the continent, behind the United States, Canada, Chile, and Peru. But on the political level, its regional position falls to position 19. This poor result is the product of the weakness of our justice institutions, the rampant perception of corruption, and the lack of commitment of our leaders to be accountable. This places the country in positions of shame. In the global index, Panama lost a notch and will surely continue to worsen, it is clear that there is no will to improve its battered image; correct directions, fight corruption, and give an account of its management. If the country were to dispense with these burdens, we would surely be taking firm steps to become a developed country, but we are far from it and, as things are going, we will continue to move further and further away. - LA PRENSA. Jun. 7

 

https://www.newsroompanama.com/opinion/week-justice-institutions-1

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Panama’s deteriorating justice system

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Posted 17/10/2021

Panamanians are mute witnesses to the progressive deterioration of the country's institutions, especially our justice system. It's not that we don't have laws; we have many, but they are dead letters, they are not applied and that, obviously, has consequences for the country, which does not come out of those color lists. The World Justice Project has revealed the state of our justice and the rule of law, vis-à-vis the rest of the world. In the global index, Panama ranks 71 out of 139 countries measured, and 15 out of 32 countries in Latin America. But when the variables are analyzed individually, the positions are disgraceful. For example, when asked about the absence of corruption, Panama falls to position 91 out of 139 and worsens on the issue of criminal justice: position 110 out of 139. In other words, this country is also a criminal paradise, the dream paradise of the corrupt, for there is no danger of punishment. Hopefully, the two new appointments of the Executive to the Supreme Court of Justice - whose ratification process in the National Assembly begins this week - correct course, as the intentions of other magistrates appointed in 2019 seem to be. There is much at stake, such as the reputation of Panama, which is no small thing. – LA PRENSA, Oct. 17.

 

https://www.newsroompanama.com/opinion/panamas-deteriorating-justice-system

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New light in the filth of impunity

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Posted 01/01/2022

Starting next Monday, the Supreme Court of Justice will have two new magistrates, in addition to three others, with which for the first time, at least in the last decades, five ladies will make up the majority in the plenary session, of nine members. . After taking office, the agenda includes elections to renew the authorities of the Judicial Branch, in which one of the five magistrates also appears as a candidate. The renewal of the Supreme Court comes at critical moments, after a scandalous ruling that has deepened the enormous mistrust that exists in our justice and that puts the country at a crossroads in which chaos gains more and more ground in the face of indolence of judges who have preferred to muddy their names in the filth of impunity – LA PRENSA, Jan.1.

https://www.newsroompanama.com/opinion/new-light-in-the-filth-of-impunity

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A step towards cleansing the Supreme Court

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Posted 08/01/2022

Finally, the Judicial Branch will do what it should have done years ago: allow interested parties to participate in competitions to occupy the positions that the plenary session of the Supreme Court of Justice has declared vacant. Previous administrations have taken the most convenient path for their interests and that of their relatives, appointing officials who respond to the one who appointed them, instead of the justice system. Hundreds of positions were filled "one to one", with the dire consequences that we have suffered. The Executive has announced millionaire funds to carry out the ambitious meritocracy plan and we hope that it will fulfill its promises, as this country is on the verge of collapse due to the anarchy that reigns in justice. We know that the system that will be developed is not perfect, but it will undoubtedly be much better than the one we currently have, which is notoriously inoperative and a complete disgrace. The implementation of the judicial career will help to clean up this organ of the State and it is likely that, for the first time in a long time, we will begin to see a light that will help us to trust again. We hope that this is the beginning of true justice in Panama. – LA PRENSA, Jan 8

https://www.newsroompanama.com/opinion/a-step-towards-cleansing-the-supreme-court

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New Supreme Court  appointments bring a ray of hope

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Posted 09/01/2022

The new board of directors of the Supreme Court, chaired by Judge María Eugenia López Arias, represents an opportunity “to make the administration of justice a timely, impartial and effective system says Jose Ramón Icaza, president of  Panama’s Chamber of Commerce, Industries, and Agriculture.

"The recent appointments bring a light of hope, not only because of their respective careers but because the president [Laurentino Cortizo] announced full support, which includes additional resources for the effective implementation of the Judicial Career," Icaza emphasized.

In this sense, Icaza said that this objective can be achieved by appealing to "all the tools at its disposal, including from democratic values to the promotion and development of cooperation relations and inter-institutional, public and private technical assistance."

According to Icaza, A generalized perception of impunity is the source of some of the problems that the country faces, from the inclusion and permanence of Panama in the gray lists to the decrease in the attraction of direct foreign investment. ”

Icaza said that he expects from López Arias "an open communication and consensual actions with the forces of this country so that between them the bases are established for the consolidation of democracy, the social and constitutional State."

https://www.newsroompanama.com/news/new-supreme-court-appointments-bring-a-ray-of-hope

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Time  for Assembly  to act on court transparency ruling

Posted 10/01/2022

Transparency in public affairs is an issue ignored by the authorities, which is why sanctions against officials who seek management without accountability, without disclosing matters of a public nature, are becoming frequent.

Recently, the Supreme Court has ruled on this lack of transparency. Such is the case of the mayor of San Miguelito and the National Assembly, especially the latter, which has denied La Prensa public information, for which the Court has ruled against it, forcing it to be more transparent. The law is very clear, but they use tricks to circumvent it, without success this time.

Now, the Court has declared that the information on the identity of the people hired, their functions and the result of their supposed work is of a public nature. The Assembly alleged confidentiality and protection of personal information on form 172 - the cash back - to deny it, after the Executive approved a loan to pay it $8 million in the middle of the pandemic. We hope that the deputies deliver the information and stop giving excuses for not being held accountable for their actions. - LA PRENSA, Jan. 10.

https://www.newsroompanama.com/opinion/time-for-assembly-to-act-on-court-transparency-ruling

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OPINION: Supreme Court takes a good first step

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Posted 16/01/2022

The magistrates of the Supreme Court of Justice agreed to give a period of two weeks for the judicial servants, including the support and administrative staff of this state body, to present their affidavit of patrimonial assets. It is a good first step in complying with the ordinances of the judicial career, which includes not only Supreme Court justices, but superior court and appeals court justices, judges, clerks, directors, public defenders, coordinators and staff of support, judicial and specialized auxiliary, among others.

Although it is a provision that has been in force for more than six years, it had not been complied with as is now being required of all those who are obliged to present it. Too bad these documents are confidential, because the population is deprived of monitoring if there are changes that deserve explanations from the owners. It is no secret to anyone that sentences have been negotiated in the Judiciary, without counting on many other proceedings, for which they are charged. The order issued by the magistrates gives hope of the promised renewal, along with the steps that have begun to be taken to elect judicial personnel based on merit. – LA PRENSA, Jan. 16.

https://www.newsroompanama.com/opinion/opinion-supreme-court-takes-a-good-first-step

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