The judge made it clear at the hearing that Martinelli cannot be tried in Panama for issues prior to his extradition and that it would be an act of bad faith to try to change the rules of extradition.
The judge of guarantees, Juan Castillo, threw out the intention of the Public Ministry to violate the principle of specialty that benefits the former president of the Republic, Ricardo Martinelli.
Yesterday, during the hearings on the affectation of rights requested by the defense of the Ex-President, Judge Castillo made clear which are the conditions that protect Martinelli, after coming to Panama to face the process of the alleged wiretapping, of which he was declared not guilty.
The judge established that the principle of specialty is enshrined in the 1904 treaty, which governs between Panama and the United States, and that the Ex-President came extradited to the country covered by it, so he cannot be tried or investigated for any previous cause. upon his transfer to the national territory, on June 11, 2018.
In his speech, Judge Castillo pointed out that this 1904 treaty cannot be unknown by the Panamanian authorities and that no exchange of notes between Panama and the United States can be above of the same.‘
He added that this treaty cannot be unknown, intending to give it a retroactive application in the case of Ricardo Martinelli.
The judge noted that “Ricardo Martinelli Berrocal cannot be tried in Panama for issues prior to his extradition and that it would be an act of bad faith to try to change the rules of extradition.”
THERE IS NO INVESTIGATION AGAINST MARTINELLI IN THE PUBLIC MINISTRY
Yesterday, during the hearing on the affectation of rights, it was also clear that the Public Ministry is not carrying out any investigation against Martinelli, following a complaint filed by former Mayor, Bosco Vallarino.
The defense of former Ex-President Martinelli, through the lawyer Sidney Sittón, requested the annulment of any action brought by the Public Ministry for this complaint presented by Vallarino, since he considers it extemporaneous and that within it there are elements that were already tried within the process of the alleged wiretapping.
In response to Sitton’s accusations, prosecutor Esperanza Montenegro indicated that the Public Ministry does not advance any investigation against Martinelli, only a complaint filed by Vallarino in August 2018.