Central American Court of Justice Orders Panama To Remain in PARLACEN

(Panama-Guide) - Panama America -  The Central American Court of Justice (CCJ) decided today that Panama cannot unilaterally quit or withdraw from the Treaty Establishing the Central American Parliament (PARLACEN), said the regional court. The final decision of the CCJ also mandates that the State of Panama refrain from taking any unilateral actions that violate the principles and purposes of the Central American Integration System (SICA). The ruling, read and sent to the parties by the Secretary General of the CCJ, Orlando Guerrero, also hereby declared Panamanian Law Number 78 of December 11, 2009, which repeals the permitting international instruments relating to PARLACEN to be "in contravention of Central American Community law."

The sentence was signed by all six judges of the regional court, which has its permanent headquarters in Managua, and it also orders that Panama has to pay fees which have been withheld, and it ensures the payment of future installments by the Panamanian Government to the PARLACEN. The government of Panama officially communicated during August of 2009 in Guatemala to the member nations of the SICA its decision to withdraw from the Central American Parliament. Panama's president, Ricardo Martinelli, had announced during the 2009 election campaign that he would make that decision because the regional parliament is "inoperative", he called it a "a den of immunities" and a body is "burdensome and unjustified cost" for his country. On 11 December 2009, after being adopted by the Panamanian National Assembly, Martinelli signed a new law which repealed the adoption of international instruments concerning the accession of Panama to the PARLACEN.

The PARLACEN, headquartered in Guatemala, is composed of Guatemala, El Salvador, Honduras, Nicaragua, Panama and the Dominican Republic as full members, and by Mexico, Venezuela, Puerto Rico and Taiwan, as observer countries. The sentence was served on Robert Alberto Caballero, the legal guardian of the PARLACEN, whose president Jacinto Suarez Espinoza, brought suit against the Panamanian government for violations of the Protocol of Tegucigalpa to the Charter of the Organization of American States (OCAS) and the Treaty Establishing the PARLACEN.

The Panamanian government did not invoke the jurisdiction of the CCJ and it was declared in contempt, while in its ruling the regional court ruled that the state of Panama is under the jurisdiction of that court. Still, the president of the CCJ reported that "as a courtesy" a copy of the sentence that was issued yesterday, Wednesday, but reported today will be delivered to the Embassy of Panama in Nicaragua. What's more, at the court's headquarters there is a bulletin board where judgments are posted. According to the President of the CCJ, Alejandro Gómez Vides, if Panama does not comply with the ruling in a period of time not specified, it will correspond to the Presidents of Central America, SICA's highest governing body, to address the issue of the decision "that is binding and mandatory."

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Original Source: Panama-Guide

Date Retrieved: October 22, 2010.