Former President Ricardo Martinelli appeared this Wednesday, June 27, for the fourth time, before magistrate judge Jerónimo Mejíawithin the process that follows him for the alleged commission of crimes against the inviolability of secrecy and the right to privacy , and against public administration ( embezzlement) .
At 7:35 am, Martinelli was transferred in handcuffs and escorted from El Renacer prison , where he has been temporarily detained since arriving in Panama, extradited from the United States. He arrived at the Court at 8:05 am He entered the room holding the book The First World War told for skepticsby Juan Eslava Galán.
The oral and public hearing was requested by the fiscal magistrate Harry Díazto formulate the accusation with the still deputy of the Central American Parliament (Parlacen) . The event was scheduled for 9:00 am but finally started at 9:46 am
Mejía limited the participation of each intervener to 10 minutes.
Sidney SittonMartinelli's lawyer spoke about an incident of objection filed on October 19/2015 , by Rogelio Cruz -then also a defense lawyer- in which it is alleged that Martinelli -according to the defense- is prosecuted without due imputation. The objection was presented 10 days after the prosecutor presented a brief requesting 21 years of imprisonment for the former president.
According to Sitton his client has been violated his human rights and cited several international conventions to back his arguments. "He is the only defendant in the Republic of Panama who has not been charged. I will never be proud to see that my worst enemies have their guarantees and rights violated" said Sittón.
The fiscal magistrate Díaz as well as Rodolfo Pinzón and Nicomedes Castillo coadjutant plaintiffs lawyers requested that the incident be rejected for a period of time, requested that the incident of objection be rejected since the defense contradicts itself in its own arguments.
WHAT THE ADMISSION OF THE FISCAL MAGISTRATE SAYS
In a brief of accusation presented on October 9, 2015 , Díaz requests a 21-year prison sentence for the alleged commission of four crimes: interception of communications without judicial authorization monitoring prosecution and surveillance without judicial authorization embezzlement for embezzlement or abduction, and embezzlement of use. These crimes would have been committed using resources and personnel from the National Security Council from 2012 to May 2014.
" For illicit activities, violating the human rights of a plural number of Panamanian citizens, was established by the former president of the Republic and today deputy of Parlacen Ricardo Alberto Martinelli Berrocal an organized apparatus of power that operated outside the State Social and Democratic Law and through this apparatus of power instructions were given so that officials of the National Security Council who had full knowledge of the illegality of these activities and without protection of judicial order made interceptions of electronic communications in its different modalities surveillance and monitoring of people the causes called objectives citizens who belonged to different groups "says Díaz in his indictment.
Díaz will present the declaration of 71 people including former National Security Council officials as well as victims of unauthorized interceptions.
Carlos Carrillolawyer of the former president says that the defense will present other resources among which he mentioned amparos of constitutional guarantees. He also complained that the plenary session of the Court denied two habeas corpus in favor of his client not to mention that the review of the precautionary measure was taken care of by the plenary session in a hearing held last week.
"Martinelli can not be denied the right to defend himself" Carrillo said at the time of entering the room.
At the hearing held last Monday Mejía already called attention to the legal team that defends the exmandatario.
"I believe that the defense has an important role in being an auxiliary of justice defending with vehemence defending with what the law allows but not constituting a possible obstacle to the viable processing of a cause and explaining to clients the acts where necessary "he said.