PANAMA: LUIS POSADA'S PARDON REVOKED BY SUPREME

C O N F I D E N T I A L PANAMA 000542 SIPDIS E.O. 12958: DECL: 07/03/2018 TAGS: PGOV PREL PM PTER KCRM VE CU SUBJECT: PANAMA: LUIS POSADA'S PARDON REVOKED BY SUPREME COURT Classified By: Classified by POLCOUNS Brian R. Naranjo Reason 1.4 (b) and (d) -------------- SUMMARY -------------- ¶1. (U) The Panamanian Supreme Court unanimously revoked the 2004 pardon of Luis Posada Carriles (accused of plotting to assassinate ex-Cuban leader Fidel Castro during the 2000 Ibero-American summit in Panama),three of Posada's accomplices, and 179 other individuals on June 30. This retroactive decision now requires that all 183 cases - including Posada's - return to their "original state." The Court also revoked the pardon of some 80 journalists, some of whom had faced criminal charges for libel. General consensus is that this decision was neither political nor directed at Posada. Former President Mireya Moscoso, in the final days of her administration, had granted these 183 pardons. The Supreme Court has been reviewing a challenge to these pardons, brought by state prosecutors, since 2004. -------------- THE WORD FROM THE COURT -------------- ¶2. (U) The text of the ruling was not yet available publicly as of the transmission of this message, although the decision was reported on July 1. In a press statement, the Supreme Court stated that the decision was unanimous, retroactive and returning all of the cases to their "original state." The Court's statement said that the decision is "retroactive in effect and leaves without legal support all procedural or judicial steps taken as a result of those decisions, which is today that the cases must return to their original state." ¶3. (C) Supreme Court Magistrate Adan Arjona confirmed that the general consensus among the magistrates was that ex-President Moscoso had exceeded her powers, during his July 2 conversation with A/DCM. The only exception, Arjona said, was Magistrate Alberto Cigarruista, who, Arjona claimed has been lobbied by the Cuban Embassy. Allegedly, according to Arjona, Cigarruista promised the Cubans that he would do what he could to "get Posada." Arjona did not participate in the ruling - it was a unanimous ruling amongst the 8 judges in attendance - because he disagreed with its sweeping nature. Though he agreed that Moscoso had exceeded her authority, Arjona felt that the Court should have further clarified the terms in the Constitution. The Panamanian Constitution states in Article 184, which lists powers granted the Executive, in paragraph 12 that the Executive may: "decree pardons for political offenses, reduce penalties, and grant paroles to those guilty of common crimes." As for the timing of the ruling, Arjona claimed that this case - which had been on the Court's books since 2004 - was simply ready for decision, having been delayed due to the fact that the Justice in charge of it had changed several times over the years. Finally, Arjona expected the Attorney General to take steps to implement the decision. ¶4. (U) Other Members of the Court echo Arjona's words. Court President Mitchell told the media that the Court acted because the law was "distorted" and that the unanimous ruling was not partisan. Supreme Court Justice Esmeralda de Troitino, who wrote the opinion, asserted that the Court did not consider the individual crimes of the group of 183 pardoned, which varied from political crimes to common crimes, but rather reversed the pardon because it exceeded ex-President Moscoso's authority under the law. -------------- REACTIONS -------------- ¶5. (C) Most official and mainstream commentary consider this ruling to be a welcome breath of fresh air. Paper of record La Prensa's editorial declared that the Court's ruling "recaptures the lost common sense." Panama-America asserted on July 1 on its editorial page, "The history of presidential abuses is pretty long, but seems to be getting to an end." Privately, Moscoso Administration Minister of Public Works and current Panama Canal Authority Board Member Eduardo Quiros told Post that ex-President Moscoso "truly believe that the ruling was fully related to Posada Carriles and the other 3 Cubans and nothing else." Posada's attorney, Rogelio Cruz, said that the planned reversal was an "open secret" and promised to appeal the decision, while astutely avoiding any talk of extradition. -------------- GOING FORWARD -------------- ¶6. (U) Attorney General Ana Matilde Gomez characterized the decision as a "constitutional vindication" and asserted that the pardons were granted in violation of the Constitution. Gomez noted that the Constitution permitted the president to only grant pardons to individuals sentenced for political crimes. She also emphasized that the decision was retroactive, and said she would examine each of the cases and implement the relevant procedural and legal mechanisms. First VP and FM Samuel Lewis exercised caution and stated that the GOP would follow the guidelines outlined in the Constitution and re-open the matter if instructed by the Court. Lewis noted that he was surprised by the decision and would move forward after a thorough examination of the matter. -------------- PRESS FREEDOM -------------- ¶7. (U) Some 80 journalists, media directors, cartoonists and commentators were pardoned by Moscoso and thus subject to this recent ruling. According to Gilberto Arias, Vice President of the Inter American Press Association and Vice President of daily periodical Panama America, the decision sets a "disastrous precedent on human rights in Panama since the military regime." ¶8. (C) Jean Marcel Chery, President of the National Journalist's Association and himself listed in the pardon list, claimed that the Association would seek to invoke Article 192 of the new Penal Code, that eliminated criminal sentences for libel. Chery saw the decision as both political, aimed at Posada as a favor to the Cuban government, and an effort to intimidate the press. Other journalists were looking into the possibility of taking legal actions against former President Moscoso, as well as considering the inconsistency of the pardons given by Presidents Perez Balladares and Moscoso, since the pardons given by Perez Balladares were considered constitutionally legal, but not those given by Moscoso. -------------- COMMENT -------------- ¶9. (SBU) Post has not yet seen the ruling as it is not publicly available. All comments made by Panamanian commentators, as well, are based on speculation about the facts of the actual ruling. Thus, it is not yet clear what actions the GOP will take to effect the reverse of these pardons and return them to their "original state." Of immediate concern is whether the GOP will seek extradition of Posada and the others so they can resume their Panamanian prison sentences. Based on initial reactions and knowledge on the ground, Post anticipates that eventually the Attorney General will request that the Foreign Ministry seek extradition of Posada and possibly the other Cubans. It is difficult to say at this time if Cuban or Venezuelan interests made any attempts to influence this ruling. Venezuela has sought extradition of Posada in order to try him for a 1976 Cuban airline bombing, but extradition was denied by a U.S. immigration judge. END COMMENT. EATON