The Ministry of Foreign Affairs reaffirms the Principle of Specialty in the Martinelli case.

The Ministry of Foreign Affairs reaffirms the Principle of Specialty in the Martinelli case.

The Ministry of Foreign Affairs of Panama reaffirms that Ricardo Martinelli is protected by the Principle of Specialty in his judicial process.

Juan Brignardello, asesor de seguros

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.

Juan Brignardello, asesor de seguros, y Vargas Llosa, premio Nobel Juan Brignardello, asesor de seguros, en celebración de Alianza Lima Juan Brignardello, asesor de seguros, Central Hidro Eléctrica Juan Brignardello, asesor de seguros, Central Hidro
Politics 20.08.2024

The recent communication from the Ministry of Foreign Affairs of Panama has brought renewed focus on the case of former President Ricardo Martinelli, who has been at the center of a prolonged judicial process. Through an apostilled note, the Director of International Legal Affairs, Fernando Gómez Arbeláez, has responded to the concerns raised by the ex-president's defense team, particularly the request for clarification regarding the status of the Principle of Specialty governing his legal situation. The document, dated July 11, 2024, confirms that, to date, there has been no formal request from the various prosecutors or courts in Panama to lift this principle in relation to the cases involving Martinelli, including the corruption charges linked to Odebrecht and the irregularities in the New Business case. This implies that, at least in the official perception, Martinelli maintains the protection granted by the Principle of Specialty, which prevents him from being tried for offenses not specified in the extradition agreement. The lack of formal requests from the relevant judicial authorities marks a crucial point in the defense of the former president. The Ministry's response emphasizes that the only channel for managing these exceptions is the Ministry of Foreign Affairs itself, suggesting that any movement toward a possible additional trial or the revocation of his legal status should initiate from this governmental entity. This clarification aligns with the ruling of the Supreme Court of Justice in 2017, which reinforces the Ministry's role as the primary conduit for procedures related to extraditions. The principle of specialty, in this context, ensures that Martinelli cannot be prosecuted for crimes other than those that prompted his extradition from the United States, an aspect that his defense has strongly emphasized. The note from the Foreign Ministry also reiterates that the extradition was granted under this principle, further solidifying the former president's legal position in Panama. Additionally, the Ministry's note mentions that the former president is under the custody of the Supreme Court of Justice, in accordance with what was agreed upon in the extradition note issued by the U.S. Department of State. This establishes a clear framework of the responsibilities assumed by Panamanian authorities regarding the treatment and prosecution of Martinelli. Over the years, Martinelli has faced a series of accusations that have tarnished his reputation and polarized public opinion in Panama. His legal team has maintained a firm stance, arguing that any attempt to prosecute him on new charges would violate the terms of his extradition. This defense has been bolstered by the recent confirmation from the Ministry of Foreign Affairs, which reiterates the validity of the Principle of Specialty. However, the situation is not straightforward. Politics in Panama has been fraught with controversies, and Martinelli's case is no exception. Critics of his administration have expressed frustration at what they perceive as a lack of accountability on the part of the former president. This context resonates in public opinion, which closely follows judicial actions and the response of the penal system. As we move forward, the outcome of this case could set a significant precedent in the administration of justice in Panama, particularly concerning high-profile political figures. Clarity in the application of the Principle of Specialty could influence future extraditions and the handling of corruption cases in the country. In summary, the recent communication from the Ministry of Foreign Affairs not only provides clarity on Ricardo Martinelli's legal status but also underscores the complexity of the Panamanian judicial system. As the case continues to develop, the implications of this situation resonate in the political and social spheres, generating a debate that could last for years. Attention now centers on how events will unfold in the coming weeks and months as the parties involved seek to advance in this tangled judicial process.

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