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DE RUEHZP #0751/01 1141402
ZNR UUUUU ZZH
R 241402Z APR 06
FM AMEMBASSY PANAMA
TO RUEHC/SECSTATE WASHDC 7880
INFO RUEHZA/WHA CENTRAL AMERICAN COLLECTIVE
RUEHBO/AMEMBASSY BOGOTA 2266
RUEHCV/AMEMBASSY CARACAS 1002
RUEHQT/AMEMBASSY QUITO 0864
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHMFISS/JOINT STAFF WASHINGTON DC
RUEKJCS/OSD WASHDC
RHMFISS/CDR USSOUTHCOM MIAMI FL//J5/J2/POLAD//

UNCLAS PANAMA 000751 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT ALSO FOR WHA/CEN, INL AND INR/B 
SOUTHCOM FOR POLAD 
 
E.O. 12958:N/A 
TAGS: PGOV PHUM PM
SUBJECT:  NEW PANAMA OMBUSDMAN TAKES OFFICE AMID A STORM OF 
CONTROVERSY 
 
 
SUMMARY 
------- 
¶1.  (SBU) Maritime lawyer Liborio "Garcia" Correa took 
office as Panama's third human rights Ombudsman during a 
short ceremony at the National Assembly on April 3, 2006, 
amid raucous demonstrations opposing his appointment.  A 
group of enraged women forced their way into the National 
Assembly chanting anti-Garcia slogans that disrupted his 
swearing in and forced him to leave by a side exit.  Garcia 
has refused to step down despite increasingly loud public 
calls for his resignation from politicians and civic society 
leaders.  Sparking the uproar were the public disclosure of 
a 2004 domestic violence complaint by his wife, along with 
Garcia's controversial remarks on freedom of speech and 
domestic violence.  Many Panamanians have soured on Garcia, 
whom they now perceive as a political crony and office 
seeker, reluctant to let go of a job with an excellent 
salary and fringe benefits.  While women's groups, female 
politicians, and many notable Panamanians have strongly 
criticized Garcia calling him "unfit," President Torrijos 
has pushed First Lady Vivian Torrijos to the forefront of 
those demanding Garcia's exit.  End Summary. 
 
Third Panamanian Ombudsman 
-------------------------- 
¶2.  (SBU) After heavy lobbying and despite his weak 
qualifications for the job (see para 7), on March 23, 2006, 
Liborio Garcia Correa, 45, was elected Panama's human rights 
watchdog, with 48 out of 78 Legislative votes.  President 
Torrijos appointed him on March 27, 2006, and he took office 
in an ill-received ceremony at the National Assembly on 
April 3, 2006. 
 
The scandal 
----------- 
¶3.  (U) On March 23 just a couple of hours before Garcia's 
election by the National Assembly, a scandal erupted when 
another candidate for the position, Legislator Advisor 
Neftali Jaen, distributed copies of a domestic violence 
complaint against Garcia filed before a local judge by his 
wife, Hilda Lorena Moreno, in March 2004.  The media 
immediately questioned Garcia about the domestic violence 
complaint.  Garcia --while still at the legislature-- 
announced on national TV that he considered his domestic 
violence case a "private" matter and that he would sue 
anyone who discussed his case publicly.  In addition, Garcia 
complained that authorities in general are biased in favor 
of women in domestic violence cases.  To make matters worse, 
the following day Garcia made public remarks about limiting 
freedom of speech by declaring that he planned to formally 
advise the media on which topics they can and cannot report 
in the interest of protecting the "right to privacy." 
(Comment:  The charges were widely known within the GOP at 
least one month before, leading some to question the GOP's 
decision-making process and political judgment.  End 
Comment.) 
 
Violence is "Private" 
--------------------- 
¶4.  (U) Garcia's remarks that domestic violence is a 
"private" matter upset women's groups, which immediately 
began a campaign against him on TV and radio call-in shows 
as well as in the National Assembly.  GOP officers such as 
the Presidential Coordinator for International Donations 
(and former Minister of Women's Affairs) Leonor Calderon and 
current National Secretary for Nutrition Affairs (and former 
legislator) Teresita de Arias attended press conferences 
against Garcia's appointment.  First Lady Vivian de Torrijos 
publicly disagreed with Garcia's remarks calling them 
"regrettable" and stating that Garcia lacked credibility. 
She also avoided face-to-face contact with him at a well- 
attended social event on April 6.  At this same event, 
Emboffs and media reported that no one would sit next to 
Garcia. 
 
¶5. (U) Despite public requests by Legislative President 
Elias Castillo and Legislative Human Rights Chairman Rogelio 
Paredes (who had privately campaigned for Garcia) asking 
Garcia to step down before being sworn in.  He refused.  On 
 
Monday, April 3, 2006, Garcia officially became the human 
rights Ombusdman.  That afternoon a large group of militant 
women from all walks of life, including a former legislator, 
a former vice minister of foreign affairs, and a former vice 
presidential candidate arrived at the National Assembly with 
signs and placards to protest the appointment and to try to 
stop the swearing in.  Legislative President Castillo 
ordered security to keep the women out, but pressure from 
the media, phone calls by the well-connected women to 
legislators inside the chamber and support from a female 
opposition legislator on the floor allowed the women to gain 
access to the ceremony where they loudly chanted against 
Garcia.  (Note: Despite the loud outcry from women 
throughout Panama, no female Democratic Revolutionary Party 
(PRD) legislators have made any public comments about Garcia 
or his election).   The uproar forced the Assembly to cancel 
the protocol toast and remarks following the swearing in, 
while Garcia fled the room through a side exit. 
 
"He must go" 
------------ 
¶6.  (SBU) ForMin Samuel Lewis and PRD legislator Leandro 
Avila separately told Emboff that a 2/3 Assembly vote is 
needed to remove Garcia, but both agreed on the need for 
Garcia to go.  "He is causing damage to the Government of 
Panama," Lewis emphatically said.  On April 12 opposition 
legislators Mireya Lasso and Jose Blandon introduced a draft 
resolution asking to dismiss Garcia based on "lack of moral 
authority" to hold the job.  The PRD-controlled assembly 
reacted by appointing an ad hoc committee to submit a report 
about Garcia's performance during his first thirty days in 
office.  Former Majority Leader, PRD legislator Freidi 
Torres told Emboff that the committee, which has no legal 
standing, will find a way to get rid of Garcia. 
 
A Religious Maritime Lawyer 
--------------------------- 
¶7. (SBU) Garcia is a lawyer with a master's degree in 
philosophy and a PhD in maritime law, both from Cambridge 
University.  Media refers to him as "San Liborio" because of 
his work as an active Catholic Layman and Lay Eucharistic 
Minister.  Panama's Archbishop Jose Cedeo has publicly 
denied rumors that the Church pushed for Cedeo's 
appointment, but PRD legislator Torres told Emboff that 
Cedeo deserves a lot of the blame for Garcia's appointment, 
as he lobbied with President Torrijos, among others.  Apart 
from the charges of spousal abuse and his comments about the 
press, many Panamanians believe Garcia does not have the 
he 
academic background or the experience to serve as Ombudsman. 
The two previous Ombudsmen both held doctorates in human 
rights. 
 
Political Connections 
--------------------- 
¶8. (U) Garcia was born and raised in Chitre, Herrera, 
President Torrijos's hometown.  Garcia's father was an 
active follower of the late General Omar Torrijos and served 
as Notary Public for many years during the military regime. 
Garcia himself was a member of the PRD Youth Movement, 
although he later withdrew.  Garcia admits that he is on a 
first-name basis with President Torrijos, often addressing 
him by his childhood nickname "Chiqui."  Garcia was also a 
high schoolmate of Legislative Human Rights Chairman Rogelio 
Paredes and worked two years (1995-1997) with current 
Attorney General Ana Matilde Gomez at the now defunct GOP 
Regional Inter-Oceanic Authority. 
 
A New Broom 
----------- 
¶9. (SBU) Former alternate Ombudsman (1997-2001) Dr. Julio 
Arias told Emboff that on his first day in office, Garcia 
asked all eight Ombudsman directors to submit their 
resignations, regardless of their expertise in human rights. 
Four of those directors have already left the office due to 
Garcia's request.  Garcia has appointed lawyer Monica Perez 
as his deputy.  Perez is the oldest sister of current GOP 
Refugee Office Director Pablo Perez, both active young 
PRDers.  According to rumors within his office, Garcia 
 
allegedly remarked that he had to appoint a PRD member as 
his deputy as political payback.  Unlike Garcia, Perez does 
have some post-graduate studies on human rights. 
 
Seventy-seven Candidates 
------------------------ 
¶10.  (U) According to the law, the Ombudsman has the rank 
and salary of a cabinet member (US$84,000 per year).  The 
perks of the job include a $60,000 Land Cruiser, drivers and 
bodyguards 24 hours-a-day, a staff of 150, and well 
equipped, state-owned offices.  In January 2006, Seventy- 
seven Panamanians, including lawyers, prosecutors, teachers, 
and psychologists among others, submitted their applications 
for the job.  Since the beginning of the process there were 
rumors about two "favorites": Garcia and legislative advisor 
Neftali Jaen, both pro-PRD.  On voting day, the GOP/PRD- 
controlled Assembly elected Garcia for a five-year term on a 
secret ballot.  (Comment: Given the large number of highly 
 
SIPDIS 
qualified candidates, the GOP's inability to select a non- 
controversial Ombudsman is puzzling.  End comment.) 
 
Background 
---------- 
¶11.  (U) The "Defensoria del Pueblo" (DP) or Ombusdman's 
Office was created in 1997.  The enacting legislation states 
that the DP is an independent institution that should act 
with full functional, administrative and financial autonomy. 
The law also stipulates that the Ombudsman is elected by the 
National Assembly and appointed by the President.  The 
Legislative Human Rights Committee initiates the selection 
process by publishing an announcement of the vacancy, 
screening the applicants, conducting interviews and 
submitting names for final election.  A candidate needs an 
absolute majority vote in the Assembly to become Ombudsman. 
The law also gives the Ombudsman independence by prohibiting 
the President from firing him or her. 
 
¶12.  (U) The legislation also states the Ombudsman position 
is "incompatible with political activism."  In case the new 
Ombudsman does belong to a political party, s/he must resign 
to party membership.  Failure to do so results in annulment 
of his/her election. 
 
Comment 
------- 
¶13.  (SBU) Nearly a month has passed since Garcia's swearing 
in but Panamanians continue to criticize his election. 
People wonder why President Torrijos blessed Garcia's 
candidacy in the first place, even though it was widely- 
known within the GOP that Garcia lacked qualifications for 
the job and also had a recent domestic violence case against 
him.  The scandal has upset PRD legislators who believe that 
the Torrijos government's mishandling of the matter has made 
them look bad.  But as public attention shifts to Canal 
expansion, Garcia's removal becomes more doubtful with each 
passing day.  The GOP's unwillingness to undo its mistake on 
an issue that has given it a black eye remains difficult to 
understand.  The GOP is probably relying on Panamanians 
short memory to just let the issue die.  But what politician 
would be complacent about offending half the population? 
 
Eaton