The author is president associated with board of administrators of corporacin la prensa
Public scrutiny and freedom associated with press are under danger in panama, residence of famous canal and also huge appropriate solutions and offshore financial sectors. last month, a judge froze $1.13m in assets of los angeles prensa, the countrys leading paper, as an element of a defamation lawsuit filed by previous president ernesto prez balladares over a 2012 article that connected him to money-laundering. (mr prez balladares features denied the appropriate allegations.)
The ruling arrived despite the fact the way it is is eight yrs old, remains with its initial phase and there's been no choosing on its merits. considering that panama is the type of nations ensnared by odebrechts giant corruption scandal, the ruling in addition sets a precedent which could jeopardize nationwide as well as hemispheric anti-corruption efforts.
Panamanian legislation enables the freezing of possessions in commercial disputes. but the judge in mr prez balladares instance utilised this method in a libel claim. this is of particular issue to corporacin los angeles prensa, the business that posts los angeles prensa and mi diario papers and of that we was president. it deals with 12 municipal defamation legal actions and 22 unlawful instances for libel, in which claimants have actually required an overall total $85m in compensation.
Of these legal actions, 15 totalling $46m in reported problems come from previous president ricardo martinelli, who had been extradited from united states in 2018 to manage costs of illegally wiretapping during his 2009-14 time in office. mr martinelli, whom denies wrongdoing and ended up being declared not liable last year by a junior courtroom, states he could be the target of a political vendetta; the scenario is currently in attraction in the supreme court.
La prensa has very long warned that panamas present municipal procedures usually do not protect freedom of phrase, or the publics right to information. undoubtedly, the inter-american press association stated in this many years nation report that: legislation allows the claimant [in a lawsuit] to get the freezing of possessions, which could paralyse the continuous and uninterrupted operation associated with media.
Indeed, the risk is far greater as anybody or citizen are at risk of having their assets frozen in a libel lawsuit, and before a courtroom finds wrongdoing. although present law excludes providing federal government officials, former officials and private residents can sue.
To cite just one present instance among numerous: in 2016, an energycompany blamed the issues of activist larissa duarte as the cause for the termination of a hydroelectric task and sued the lady for $10m. the suit had been dismissed these year.
That such components are used against critics is a subversion associated with rule of legislation. undoubtedly, most of the lawsuits that los angeles prensa faces are from community figures and previous government officials whom claim their reputations were harmed by our coverage of dilemmas of legitimate public interest. the intention of such cases is obvious: to bleed us away with appropriate charges into the defence of endless frivolous legal actions. in addition, with every suit now comes the significant danger of a court-ordered freezing of assets before process of law rule.
The inter-american legal of human liberties has strenuously cautioned regarding the pernicious results that these types of judicial intimidation may have in latin america. sadly, there was little hope of swift justice in panama, a country which was ranked 129 regarding 141 nations in terms of judicial independence on earth financial forums 2019 worldwide competitiveness report.
Panama has made important advances since the end of army dictatorship in 1989. but its democracy rests on unstable floor. particularly, its judicial system should be ready handle libel promises fairly if there is become vigorous public discussion and appropriate vigilance of the usage of public funds key attributes of every performance liberal democracy.