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Viewing cable 07PANAMA1895, PANAMA: AD HOC COMMITTEE WADES THROUGH SUPREME

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Reference ID Created Released Classification Origin
07PANAMA1895 2007-12-20 21:59 2011-05-29 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Panama
VZCZCXYZ0000
RR RUEHWEB

DE RUEHZP #1895/01 3542159
ZNR UUUUU ZZH
R 202159Z DEC 07
FM AMEMBASSY PANAMA
TO RUEHC/SECSTATE WASHDC 1573
INFO RHMFISS/CDR USSOUTHCOM MIAMI FL
RUEAIIA/CIA WASHDC
RHEFDIA/DIA WASHDC
RHMFISS/JOINT STAFF WASHINGTON DC
RHEHAAA/NSC WASHDC
RUEKJCS/SECDEF WASHDC
UNCLAS PANAMA 001895 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV PM
SUBJECT: PANAMA:  AD HOC COMMITTEE WADES THROUGH SUPREME 
COURT MAGISTRATE NOMINEES 
 
 
------- 
Summary 
------- 
 
1. (SBU) An ad hoc committee, named by President Martin 
Torrijos, on December 17, began wading through the 
applications of candidates interested in filling one of two 
seats Panama's Supreme Court.  In keeping with the method 
established for his last nominations, Torrijos named this 
committee to provide political cover to name new magistrates 
to the top court in Panama's troubled judiciary and to 
demonstrate his willingness to consult with civil society. 
The committee has 10 days to report to Torrijos.  Torrijos 
then has until December 31 to nominate two individuals to 
serve on the court and secure approval of two-thirds of the 
National Assembly's Deputies.  By the December 15 deadline 
for nominating individuals to the committee, a total of 74 
individuals had been proposed.  According to Panama's ever 
churning rumor mill, two early front runners are criminal 
lawyer and former Supreme Court Assistant Jeronimo Mejia and 
governing Revolutionary Democratic Party (PRD) National 
Assembly Deputy Roberto Abrego.  On December 18, Alliance for 
Justice President Magaly Castillo called on the ad hoc 
committee, of which she is a member, to publish a short list 
of the most qualified candidates, a provision that is 
unlikely to be implemented.  End Summary. 
 
-------------------- 
The Ad Hoc Committee 
-------------------- 
 
2. (SBU) In accordance with Article 203 of Panama's 
Constitution, Torrijos must appoint two new Supreme Court 
Magistrates by December 31.  Each appointee would serve 
10-year terns and replace current Supreme Court President 
Graciela Dixon and Magistrate Jose Troyano, both of whom are 
stepping down at the conclusion of their 10-year terms. 
Dixon and Troyano were appointed by former President Ernesto 
"El Toro" Perez Balladares, who is also a PRD member. 
 
3.  (SBU) To manage growing civil society concern regarding 
appointments to Panama's high court and to offer a semblance 
of broad consultation, Torrijos once again chose to name an 
ad hoc committee.  This committee is composed of 
representatives from the Pro-Justice Alliance NGO, the 
National College of Lawyers, the National Association of 
Judges and Magistrates, the Ecumenical Council, and others. 
National College of Lawyers President (and active PRD member) 
Marta Lopez de Martin presides over this ad hoc committee. 
Lopez is also an advisor to the National Assembly.  The 
committee is not empowered to screen out candidates, but will 
provide extensive comments on each candidates' 
qualifications.  The Committee was to begin 30-minute 
interviews with each candidate beginning December 17. 
Torrijos will then pick his two nominees from this pool of 74 
candidates.  On December 18, Alliance for Justice President 
Magaly Castillo called on the ad hoc committee, of which she 
is a member, to publish a short list of the most qualified 
candidates, a provision that is unlikely to be implemented. 
 
------------------------------- 
The Good, The Bad, and The Ugly 
------------------------------- 
 
4.  (SBU) The Good -- The list of 74 candidates includes 
several individuals who are generally perceived as being 
highly professional and have reasonably good reputations. 
Included in this category are: 
 
-- Superior Court Magistrates Luis Carrasco, Wilfredo Saenz, 
and Aidelna Pereira; 
-- the current Secretary General of the Attorney General's 
Office Rigoberto Gonzalez; 
-- the current Secretary General of the Public Defender's 
(Ombudsman's) Office, Carlos Vasquez; 
-- former FM and legislator Oyden Ortega; 
-- current judge Ileana Turner; 
-- current prosecutor Maruquel Castroverde; 
-- former prosecutor Guillermina de McDonald; 
-- current head of the public defenders' institute Gabriel 
Fernandez; 
-- current head of the judicial school Hipolito Gil; and 
-- private sector attorney, nominated by a group of 
businessmen, Aura Feraud who previously served on the now 
extinct Panama Canal Commission and as Solicitor General. 
 
 
 
5.  (SBU) The Bad -- Most of the names on the candidates list 
are widely seen as being bad, ill-prepared, or simply 
unknown.  Much to their chagrin, civil society groups, 
business chambers, and other NGOs beating the bushes to find 
candidates found few takers. 
 
6.  (SBU)  The Ugly -- In addition to former dictator Manuel 
Antonio Noriega's attorney, Ramiro Fonseca, there are a few 
unscrupulous candidates.  Maritime Magistrate Calixto 
Malcolm, suspected of corrupt activities and also denounced 
by Panama's biggest and most powerful law firm, Morgan and 
Morgan, for improper dealings, is among the candidates.  The 
judge, Eugenia Lopez Arias who presided over the manipulated 
1997 trial of current National Assembly President Pedro 
Miguel Gonzalez (PMG) is also a candidate.  Lopez engaged in 
numerous improper ex parte contacts with PMG's defense 
counsel in this trial that eventually acquitted PMG of 
charges in connection with the 1992 murder of a U.S. 
serviceman. 
 
---------------- 
The Frontrunners 
---------------- 
 
7.  (SBU)  According to Panama's often overheated rumor mill, 
two early frontrunners are criminal lawyer and former Supreme 
Court Assistant Jeronimo Mejia and PRD legislator Robert 
Abrego.  Mejia, who represents Panama City broadsheet daily 
La Prensa, has been involved in a number of freedom of speech 
cases.  Abrego is less well known, but benefits from strong 
PRD connections.  As the former head of the Legislative 
Government Committee, Abrego played a key role in the 
dismissal of Supreme Court Magistrate Manuel Faundes. 
Faundes' dismissal paved the way for Torrijos to appoint his 
first magistrate to the high court, Esmeralda de Troitino. 
 
------- 
Comment 
------- 
 
8. (SBU) Most of the candidates, many of whom were 
self-nominated, have no chance at being named to the Supreme 
Court.  Additionally, one has to wonder about the very 
ability of the committee to review the applications of and 
interview the 74 candidates, most of whom have no hope of 
ever being nominated, during the week before Christmas.  Many 
observers view Torrijos' consultation mechanism as insincere, 
especially this time since it is being managed by a PRD 
partisan.  Post will continue to track and report on the 
Supreme Court Magistrate nomination process. 
EATON