For the alleged crime of defamation the president emeritus of
the Christian Democratic Party (PDC) and former vice-president
of Panama, Ricardo Arias Calderón, presented this past January
3 a complaint against a cartoonist and the editor-in-chief of
La Prensa, and also demanded compensation of $1 million and a
court interrogation of the members of the newspaper's board of
directors. Arias Calderón accused cartoonist Julio Briceño (whose
pen name is RAC) and editor Stanley Muschett of having gravely
offended his dignity, honor and decorum.
The complaint is based on a cartoon that appeared in the December
30, 2000 edition, and which is currently available online in La
Prensa's archive, accessible at http://www.sinfo.net/prensa/mensual.htm . The cartoon portrays the PDC-PRD legislative alliance (dubbed
META by its participants) in terms of Arias Calderón walking with
the Grim Reaper, and the Christian Democrats' party boss says
that this directly and personally links him with murders committed
by the defunct Guardia Nacional and more specifically with the
clandestine graveyard found near the former Puma infantry barracks
in Tocumen.
The criminal complaint and demand for monetary damages was given
with as much fanfare as a small party can generate to Attorney
General José Antonio Sossa, a former PDC legislator. In attendance,
beside Arias Calderón and Sossa, were Teresita Yaniz de Arias,
a legislator and Arias Calderón's wife; Rubén Arosemena, current
PDC president and also a legislator; and Arias Calderón's lawyers,
former PDC mayor of Panama City Willy Cochez, PDC activist and
Legislative Assembly legal advisor Raúl Ossa, and Víctor Arosemena.
Arias Calderón instructed his attorneys to file along with the
criminal complaint under the calumnia e injuria law a civil suit
for $1 million against La Prensa, whose legal representative is
the company's president Anabella Guardia de Rubinoff. This, Arias
Calderón claims, is to compensate him for losses caused by the
wounded honor of himself and his family.
"Now it's sufficient," Arias Calderón said. "They only understand
the language of money, and not the language of honor," referring
to the influential daily. He also asked Attorney General Sossa
to impose travel restrictions on the defendants, which would prevent
them from traveling outside Panama without a court's permission.
Arias Calderón also demanded that each of La Prensa's directors
be called to personally testify, specifically naming Anabella
de Rubinoff, Fernando Berguido, Alfredo Maduro, Federico Humbert,
Juan Arias, Winston Robles, Ricardo Alberto Arias, Camilo Cardoze
and Alvaro González Clare, whom he wants to face questions about
the newspaper's editorial stands and policies.
"None of the present directors at La Prensa fought against the
military dictatorship, nor ran the risks that I ran for Panamanian
democracy, which means that none of them have the moral authority
to suggest that I am associated with the crimes against which
I fought," the plaintiff said. The ex-VP added that he challenges
the directors to call a shareholders' meeting to take up the dispute,
and that if they don't have the courage to do so, they should
resign.
To Miguel Antonio Bernal, a law professor who was a constant thorn
in the dictatorship's side, "it's incorrect, to say the least,
to take whatever major or minor accomplishment in the fight against
the dictatorship and try to use it as a shield against critics,
especially against humor. I must remind Arias Calderón that we
fought to restore democracy in the country, and that means freedom,
pluralism and democracy, not an exchange of persecution by soldiers
for persecution by neo-Torquemadas, today allied with the PRD,
whom yesterday they say they fought."
Sandra Escorcia, who headed the Renovacion Civilista party before
it lost ballot status in the 1999 election, said that "Ricardo
Arias Calderón has every right to sue, because if he feels wronged,
the law is there to assist him. We live in a democratic country."
She noted, however, that "I don't think that the cartoon links
him with the past. The cartoon is very much in the present
it clearly reflects a contemporary act, which is the union of
the PRD and the PDC."
The cartoonist at the center of the storm, Julio Briceño, insisted
that "it's necessary to clearly understand that we can't go on
accepting double talk that, on the one hand, talks of democracy
and human rights, and on the other, chews the bread of compromises
and partisan interests with the ex-accomplices of tyranny."
"Cartoonists have the job of pulling off these masks, and if there
are some politicians who can't take the grief, its better for
them to retire or to dedicate themselves to some other pursuits,"
Briceño said.
Delmiro Quiroga, El Siglo's cartoonist, agreed that a person as
sensitive as Arias Calderón shouldn't be a politician. "If he's
bothered, he should take up another line of work," he said, adding
that public figures "do many things to bother and inconvenience
the citizenry, but cartoonists only reflect the feelings of the
community."