Juan Brignardello Vela
Juan Brignardello, asesor de seguros, se especializa en brindar asesoramiento y gestión comercial en el ámbito de seguros y reclamaciones por siniestros para destacadas empresas en el mercado peruano e internacional.
In a recent statement issued by the Director of International Legal Affairs of the Ministry of Foreign Affairs of Panama, Fernando Gómez Arbeláez, the validity of the Principle of Specialty in the case of former president Ricardo Alberto Martinelli Berrocal has been reaffirmed. This declaration comes in response to an inquiry made by lawyer Carlos Eugenio Carrillo Gomila and Associates, who sought clarification on the guarantee of this legal principle that protects Martinelli concerning the judicial proceedings he faces in Panama. The apostilled note, dated July 11, 2024, clarified in seven key points that there are no formal requests from Panamanian authorities to lift the Principle of Specialty in cases such as New Business and Odebrecht. This information is significant as it implies that the former president remains under the protection of this principle, which limits the charges for which he can be tried following his extradition from the United States. The report highlights that there are no records of requests from the Specialized Anti-Corruption Prosecutor’s Office or the First Specialized Prosecutor’s Office against Organized Crime seeking to alter this situation. It also emphasizes the absence of requests from the Second Liquidating Court of the First Judicial Circuit of Panama or the Supreme Court of Justice, reinforcing the idea that Martinelli's status has not changed. The Principle of Specialty is a legal concept that establishes that an extradited person can only be tried for the crimes for which they were extradited, unless the extraditing country expressly consents to an additional trial. In this case, Martinelli's extradition was granted under this principle, as mentioned in the 2018 State Department Note. Gómez Arbeláez also emphasizes that the Ministry of Foreign Affairs is the only competent body to process any requests related to the exception to the Principle of Specialty. This assertion is supported by a ruling from the Supreme Court of Justice of Panama, which states that the ministry acts as the appropriate channel of communication between Panamanian and foreign authorities in extradition matters. The ministry's response not only clarifies the current legal situation of the former president but also highlights the importance of adhering to established procedures within the framework of Panamanian law. The lack of formal requests regarding the lifting of the Principle of Specialty suggests that judicial authorities have not yet decided to proceed in this regard. It is crucial to remember that Martinelli's case has been the subject of media and political attention since his extradition in 2018. His return to Panama was marked by accusations of corruption and abuse of power, which has generated intense debate about justice and accountability in the country. The official communication from the Ministry of Foreign Affairs reinforces the idea that, although Martinelli faces serious accusations, his legal situation is protected by international norms that must be respected to ensure a fair process. This raises questions about the future of the investigations against him and whether new requests will eventually be made to alter his legal status. The issue of the Principle of Specialty is particularly relevant in the current context, as public opinion and Panamanian institutions continue to closely monitor developments in corruption cases that have shaken the country. Clarity in legal procedures and the application of international norms will be essential to maintain trust in the Panamanian judicial system. As these events unfold, it will be crucial for the authorities to maintain transparency in their actions and decisions, and for civil society to remain vigilant regarding movements in this case, which not only involves a former president but also reflects the democratic health of Panama.