PANAMA NAMES TWO NEW SUPREME COURT JUSTICES

UNCLAS SECTION 01 OF 02 PANAMA 002490 SIPDIS SENSITIVE DEPARTMENT FOR WHA/CEN AND INR/B SOUTHCOM ALSO FOR POLAD E.O. 12958: N/A TAGS: PGOV PREL PM POLITICS FOREIGN POLICY SUBJECT: PANAMA NAMES TWO NEW SUPREME COURT JUSTICES Summary -------------- ¶1. (SBU) On December 28, President Torrijos submitted the names of Harley James Mitchell and Victor Leonel Benavides Pinilla to the National Assembly for ratification as Supreme Court magistrates. In a fast legislative session that evening, the National Assembly ratified both magistrates along with three nominated supplentes, or substitute Court magistrates. Mitchell and Benavides will fill the positions of justices Jorge Lee and Arturo Hoyos, respectively, whose terms expire December 31. Two supplentes will back the in-coming magistrates and one is appointed as supplente to sitting justice Jose Troyano. None of the appointees have spent much time in the public eye, and Mitchell and Benavides have reputations among legal professionals and the GOP for being competent. Mitchell and Benavides have not been the subjects of corruption allegations. It remains to be seen whether their appointment and the departure of Hoyos from the Court marks the beginning of a turn-around in questionable Court rulings. End Summary. The Justices -------------- ¶2. (SBU) Harley James Mitchell, DOB: July 22, 1947, was born in Panama's western Bocas del Toro province and has worked for 27 years in the Judicial Branch. He is designated as the magistrate presiding over civil issues. Mitchell is a member of Torrijos' majority Democratic Revolutionary Party (PRD), and as a one-term legislator, represented Bocas del Toro in the National Assembly from 1978-1982. He has also held a number of senior staff positions in the Assembly including Secretary General of the National Assembly from March SIPDIS 1998-August 1999, and was appointed Director of Legal Affairs in September 1999, when the Panamenista party held the Presidency and a legislative majority. He graduated from the University of Panama Law School in 1976 and has a post-graduate degree in Public Law from National University of Colombia and Commercial Law from Javier Pontific University in Colombia. He is a member of Panama's National Bar Association and has taught legal courses in local universities for 14 years and has been a primary education teacher. He has held some diplomatic positions, including Political and Judicial Counselor in Bogota, and has published writing on legal issues. Mitchell is Afro-Panamanian and has been married for 34 years to Margarita Moran. The couple has one son and one daughter. Some local observers question whether Mitchell's links to the National Assembly might taint his impartiality in a system that already lacks checks and balances between the Court, the Assembly and the Presidency. Embassy contacts in legal circles had no reservations about his nomination. ¶3. (SBU) Victor Leonel Benavides Pinilla was born in Santiago, Veraguas on May 22, 1951. He has worked almost 40 years in the public sector, 31 of which he spent working in the Office of the Solicitor General, and has held a number of faculty positions at the University of Panama. He is designated to preside over administrative issues, in which he is considered to be an expert. He holds an undergraduate degree in Law and Political Science and a post-graduate degree in Mediation and Arbitration from the University of Panama and a Master's in Public Management from Carlos III University in Madrid. He is a member of a number of national and regional legal associations, including Panama's National Bar Association and has published works on legal issues. Benavides' portfolio as a Court magistrate would include labor law, an area in which he lacks expertise. Despite his reputation for being "very academic," he is generally well-regarded in legal circles. The Supplentes -------------- ¶4. (SBU) Delia Carrizo Arauz de Martinez, Mitchell's supplente, was born in Penonome, Cocle on August 10, 1955. She graduated from the University of Panama Law School and holds a doctorate in Procedural Law. She worked briefly in the Public Ministry. She has worked for 26 years in the Judicial Branch during which time she held several positions as judge and is currently serving as Superior Magistrate in the Second Judicial District, covering Cocle and Veraguas. Carrizo Arauz de Martinez is a member of both the National Bar Association and the Judges and Magistrates Association of Panama. She is married with two children, one in high school and one in college. ¶5. (SBU) Janina M. Small A., Benavides' supplente, was born in Panama City on January 15, 1945. She is a specialist in Procedural Law and Labor Administration Law. She has worked in the Judicial Branch for 36 years and has experience working in public ministries including the Attorney General's office. She was supplente to the Attorney General from 1990-1994. She graduated from the University of Panama Law School and has worked on various National Bar Association commissions. She has a "no-nonsense" reputation and is respected among her peers. ¶6. (SBU) Juan Francisco Castillo, Troyano's supplente, was born in Panama City on February 19, 1962. He has worked in the Judicial Branch for 23 years. He first served as first judge of Panama City municipality and is currently serving as Superior Magistrate. Castillo studied law in Spain on a scholarship, and has been teaching legal courses for ten years at the University of Panama, Latin University and Panama Technical University. He is also a member of the Judges and Magistrates Association of Panama. Comment -------------- ¶7. (SBU) Torrijos has chosen non-controversial nominees that were all easily approved by the National Assembly. Reactions by civil society and opposition legislators to the appointments have been mixed. Some civil society leaders worry that Torrijos' choice of PRD loyalists represents a missed opportunity to depart from business as usual. Mitchell's appointment has been the only mildly contested one with some civil society groups expressing disappointment in the appointment of a nominee with such close PRD and National Assembly ties. Opposition legislators, however, praised his appointment. The five nominees bring with them extensive experience in the Judicial Branch and good reputations among their peers. Upon their appointment, Mitchell and Benavides promised to restore public confidence in the Court. Time will tell whether Torrijos, with his appointments, has changed the face of the Court and its track record of questionable rulings. ARREAGA