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Volume
14, Number 16 |
Also in
the opinion section: Lately most mail has come from abroad Editor's note: I have received a number of emails commenting or complaining about how late production of The Panama News has been running and how incomplete the issues have been, as in several issues with no news or business briefs. The problems are recognized and certain things are being done --- way too slowly --- to address them. One of the things that has been done is the creation of an email list whereby readers can be notified of new articles as they are posted. This is but a stopgap measure en route to a makeover that will have The Panama News on a constantly updating format. Sign up for the email list by sending an email to thepanamanews@gmail.com requesting inclusion on the list.
The
world laughs at Panama's jurisprudence
"Kangaroo
Court" overturns former president's pardons
A kangaroo court or kangaroo trial, sometimes likened to a drumhead court-martial or Drumhead trial, is a sham legal proceeding or court. We remember being taught in political science by professor Dr. Cesar Quintero --- at the University of Panama --- that traditionally the president has the authority, ipso facto, by the nature of his office as chief executive of the nation, to pardon criminals and commute sentences. Omar Torrijos was not the president of Panama per se, yet he and de facto dictator Manuel Noriega invoked these privileges over and over again --- with the consent and approval of the same puppet ruling PRD political party. Panama has a queer concept of interpreting the law, being the first known country to sign an international treaty with the USA that was not identical in both languages. When a treaty has been authenticated in two or more languages it must say the same thing. One does not forget that the DiConcini amendment incorporated to the Treaty of Bilateral Neutrality of the Carter-Torrijos Treaty. Panama was told bluntly by Congress, and received an ultimatum then --- sold to Carter and the way it was sold to Torrijos --- without this, you don't have a treaty. You're going to have to live with this, and we hope that you can. So why can't Martin Torrijos also respect the dignity of the presidency of his 'anti-communist' predecessor, Mireya Moscoso, instead of going back to the practices of the "de facto governments" of the past? And talking about a "Free Press" in Panama --- say what ? With a unanimous and unprecedented ruling, the full sitting of the Supreme Court declared unconstitutional the pardons granted by the former president of the Republic, Mireya Moscoso, immediately before the end of her governance. “The decision has the full retroactive effect and leaves without effect any legal proceedings or legal management that has resulted from these acts, namely that criminal proceedings of the pardoned individuals must return to the original state where they were”, says a note of the Judicial body. In all, the full Court overturned the pardons given to 168 people, including the anti-Castro activist Luis Posada Carriles, journalists and local politicians. Now it is the time, after the overthrow of the Noriega regime, to show the world that the Panamanbia majority party, the PRD, should respect the law, love real democracy and not revert to its past iniquities. Somehow we just cannot get Venezuela's Hugo Chávez out of our thoughts --- how he uses his "kangaroo courts," mock courts set up in violation of established legal procedures, courts characterized by dishonesty, incompetence, and injustice as in the days of the tyrant caudillo Juan Vicente Gómez, who was known to have personally whipped judges who did not obey his rule. Amanecerá y veremos Arturo Hassan Los Angeles, California USA Advice Your well detailed information will be more readable; if it would be printable. name withheld Panama's murder rate "Considering that Panama is a country of three million, we are overall less violent than the United States, most probably because our population is less heavily armed than that of our neighbors to the north. The victims of the murders that happen here are largely themselves criminals, who are caught up in organized crime business disputes or turf battles between armed youth gangs. Armed robberies of small grocery stores, delivery truck drivers and taxi cabs account for many of the non-criminal victims. Another substantial part of our murder rate is in the course of domestic violence. Thus, despite the desensitizing effect of lurid crime coverage in some of the news media, it's considered unusual and shocking when people come under armed assault in their homes or on the streets." I was surprised to learn that the murder rate in Panama (9 per 100,000) is higher than that of gun loving USA (6 per 100,000). If I'm not mistaken, most or a high percentage of murders are crimes of passion in the United States. I suspect (do not have stats) that criminal on criminal murders is also a big part in the USA. It would still be considered shocking in most of the United States when people come under armed assault in the homes or on the street. Therefore, at a glance, it seems the murder distribution here is similar to the United States. and we know the overall rate is higher (1.5x) in Panama. I understand the point about the wider availability of guns in the USA. Still, I could not conclude that Panama is overall less violent than the United States. Any comments? By the way, I really, really appreciate your dedication to reason, ethics, evidence, fairness, logic, and the rest. I believe if everyone thought that way, the majority of problems in this world would disappear. Scott Editor's note: I stand corrected. The increase in Panama's murder rate, mostly a matter of gangsters killing one another, has put us ahead of the USA in that sordid statistical category. The security decrees In regards to your article about the new "decrees:" ..... All of the people some of the time, some of the people all of the time! You’ve probably heard the story about the tycoon who wanted to bring out a new kind of dog food. He spent lavishly. He hired the best marketing person, the top PR firm, the best ad agency, the No. 1 packaging expert, the most powerful distributor --- but the sales were flat after six months. He summoned his consultants to a meeting and asked why the food wasn’t selling. “The dogs won’t eat it,” was the answer that came back. Maybe Martin didn't finish his marketing classes at the university, or slept through them! He should have learned this final step while working at Mickey D's. Dick Cuba conquers America! “I won’t vote.” I was excited about Obama; full of hope, individual responsibility and a country full of people free to chose their destiny and the government providing a basic education with the knowledge for individual to make the right choices. That with a safety net for the disadvantaged so everyone could participate in the American Dream that has created the greatest government and society in history. “Change you can believe in”. No more corporate welfare, selling American’s sovereignty for cash to pay a growing monetary deficient from fighting unjust wars in other nations. Because of a freak storm I was forced to visit Cuba in April. I found wonderful friendly people, but so sad. They could not talk freely about anything except the weather and to ask about our trip because one among them would report them and they would go to prison. The communist government under Castro owns their house where they live , gives them food stamps for the food they are allowed to eat each month (we would starve to death on the allowance, it’s so meager), owns transportation because there are no private cars in this eastern part of Cuba all money must be exchanged for worthless pesos at the government bank four hours away but they have nothing to sell anyway not even a cup of coffee nor do they have thing to buy everything is government issue and they have no cash anyway. They have health care; we were examined by two doctors to see if we carried any communicable diseases to Cuba. The exam was a joke, they obviously know nothing about communicable disease, but they had high-tech equipment to search us three times with even dogs for drugs. The official launch boarded us five times took our papers for verification [many hours because all they had was one phone miles away] to use to check on us. It took the person manning the oars hours to get to us because they had no motor for the carved out log they called the officials' boat. Now McCain and Obama want to bring us the same! Making our once proud protector of our individual liberties government the owner of our homes. The oppressive tyrant prevents our individual freedom and stifles our creativity and our ability to be innovative the qualities that made us able to get here in the first place. Bail out Freddie and Fannie not to help the homeowner the owners but the rich 10 percent. It’s interesting that every journalist in America has been looking for that homeless person made so through foreclosure but can't find anyone! Actually they are all better off paying $600/month rent instead of a $1600/month mortgage payment now they have disposable income to pay for $5 gas and coffee at Starbucks. That keeps the economy running, not ridiculous mortgage payments made by dishonest greedy mortgage brokers and banks allowed to do this under Greenspan's ridiculous low interest rates and government guarantee of Freddie and Fannie loans that accepted the loans to make their investors and administrators rich and provide $140,000,000 year for lobbyists to keep the free taxpayer money flowing into their pockets, now Obama and McCain agree to bail-out those bastards! Is GM next? Sounds like it to me --- i.e., subsidies to re-tool and make more fuel efficient cars. Then we will live in government housing, drive a government car and wonder what's next credit card debt bail-outs, food stamps and rationing, “homeland security” that allows us to go to prison with no right of habeas corpus? It’s just like Cuba. Congratulations, Fidel, you did it --- with the help of the American people. John Buckner Heredia Costa Rica Petaquilla Congratulations on your latest issue clearly reporting on the real issues and dangers facing Panama these days. I was particularly interested in your article on the Petaquilla Minerals Supreme Court rulings. I applaud your continued pursuit of this story and keeping such hidden issues in Panama to the forefront of our consciousness. I would take issue with one part of your article though. When you mention that the mines are supported by “the usual crowd in the local American community that supports every major scam that comes along…”…I couldn’t help but flinch and wonder who you were alluding to. It seems a broad stroke statement leading people to believe that most Americans would support illegal mining operations and rape and pillage of the environment. I would argue otherwise, that most Americans I know here in Panama would NOT support such actions. If you are referring to Don Winner or other published writers in Panama, I think you should name them out as I do not think these people necessarily represent the majority of expat thinkers in this country. At least, I hope I am right. I would be interested someday in seeing an article by you or a poll of Expats on Panamanian issues that affect us. I think it would make an interesting study and viewpoint of local issues. Keep up the good fight. Edward Thurston Editor's note: Yes, Don Winner heads the cheerleading squad for Petaquilla. But it's a squad rather than a one-man show, and there is an entire crowd that in various ways styles itself as the leadership and spokespeople for this country's American community that can be identified by certain behaviors and beliefs. Whoever is in a position of power or authority or perceived influence, they rush to associate themselves with that person. As our new American ambassador makes the rounds, they'll be found among those who are eager to get their pictures taken with her. They openly preach that rabiblancos are lazy and dishonest and that to get ahead Americans in Panama must suck up to this predatory caste. When the issue is public or corporate corruption, their point of view is that they want a piece of the action. They set themselves up in positions within various organizations to scan newcomers to Panama so that they can see who flaunts wealth, then swoon over those who do so and as a result of this practice they have repeatedly given a foreign criminal element social cover to continue their activities here in Panama. The people who have been around for awhile know who they are. And no, they don't represent the majority of the American community here. Radovan Karadzic: one way ticket to The Hague Recently, former First President of the Republika Srpska and one of the world most wanted fugitives, Radovan Karadzic, was arrested in Belgrade by the Serbian authorities after an alleged tip-off from a foreign intelligence service. Karadzic had been fugitive since 1995 after having been indicted for war crimes by the International Criminal Tribunal for the former Yugoslavia (ICTY). A $5 million reward had been offered for his arrest by mthe United States government. Since his arrest many reactions and questions has been raised around the world. Political life and war crimes charges Radovan Karadzic was born in 1945 in Petnjica, Republic of Montenegro. In 1989 he co-founded political party called the "Serbian Democratic Party" (*Srpska Demokratska Stranka – SDS)* in Bosnia and Herzegovina, whose objective at the time was to convince the republic's Bosnian Serb community and Croatian Serbs to remain a part of Yugoslavia. In a March 1992 referendum, Bosnia gained independence from Socialist Federal Republic of Yugoslavia (SFRY) and later, in April, was recognized by the United Nations as an independent state. Later that year, Karadzic became the first president of Republika Srpska. He was president until 1996. In 1995, Karadzic was indicted by the International Criminal Court along side with Colonel-General Ratko Mladic (currently at large). He is accused of personal and command responsibility for numerous war crimes committed against non-Serbs, in his roles as supreme commander of the Bosnian Serb Armed Forces and president of the National Security Council of the Republika Srpska. Among others, he is accused of ordering the Srebrenica massacre in 1995, the siege of Sarajevo, and ordering that United Nations personnel be taken hostage in May-June 1995. The indictment is based on the charges of his individual criminal responsibility and superior criminal responsibility, including:
Karadzic is not the only high ranking individual accused in front of the ICTY. The accused are ranging from common soldiers to generals, from presidents to prime ministers, such as:
When extradited to the International Criminal Court, Radovan Karadzic became the 44th Serb suspect to be sent to The Hague. The capture According to Serbian government officials, Karadzic was arrested on 21 July 2008, in Belgrade, however, special police forces were visible in Belgrade center on 18 July evening, when is to believed Karadzic was arrested. These claims were refuted by Serbian government. Until his capture, Karadzic lived under the false name of Dr. Dragan Dabic. He also obtained and used a false ID and practiced alternative medicine at a private medical clinic, specializing in alternative medicine and psychology. He was extradited on 30 July 2008 to The Hague, and incarcerated in the International Criminal Court detention center in Scheveningen, one of the districts of The Hague, The Netherlands. Karadzic's capture occurred in very strange time, just a few days before International Criminal Court's chief prosecutor, Serge Brammertz was due to visit Serbia, just a few weeks after the formation of the new Serbian government, and few months after the government signed the Stabilization and Association Agreement (SAA) treaty with the European Union. This arrest also came just after Milosevic's top party member and now president of the Socialist Party of Serbia (SPS) was appointed Minister of Internal Affairs. The strangest thing is that the new government was formed between pro-European/democratic parties led by the Democratic Party (Demokratska Stranka - DS) which was a party of former (assassinated) Prime Minister of Serbia Dr. Zoran Djindjic, now succeeded by the current President of Serbia Boris Tadic, and the Socialist Party of Serbia (Socijalisticka Partija Srbije - SPS) which was the party of former President of Serbia and Yugoslavia Slobodan Milosevic, now succeeded by Ivica Dacic. As a reminder; democratic/pro-European parties came to power in so-called October 5th Revolution in 2000, when they striped Milosevic and his regime out of power and replace him with new President of Yugoslavia Dr. Vojislav Kostunica and established first democratic government. Now, after eight years of scandals and prosecutions of Slobodan Milosevic, his party and close associates, Democratic Party formed the coalition government with Socialist Party of Serbia. According to the latest development there are some pertinent questions that should be asked; these include:
No matter if we get the answers to these questions or not, the international community will never allow for Karadzic to walk free again. After all these years, Karadzic received a one way ticket to the UN Tribunal. Ivan Simic Belgrade, Serbia The George W. Bush Presidential Library The George W. Bush Presidential Library is now in the planning stages. The Library will include: The Hurricane Katrina Room, which is still under construction. The Alberto Gonzales Room, where you won't be able to remember anything. The Texas Air National Guard Room, where you don't even have to show up. The Walter Reed Hospital Room, where they don't let you in. The Guantanamo Room, where they don't let you OUT. The Weapons of Mass Destruction Room, which no one has been able to find. The National Debt room which is huge and has no ceiling. The 'Tax Cut' Room with entry only to the wealthy. The 'Economy Room' which is in the toilet. The Iraq War Room --- after you complete your first tour, they make you to go back for a second, third, fourth, and sometimes fifth tour. The Dick Cheney Room, in the famous undisclosed location, complete with shotgun gallery. The Environmental Conservation Room, still empty. The Supremes Gift Shop, where you can buy an election. The Airport Men's Room, where you can meet some of your favorite Republican Senators. The 'Decider Room' complete with dart board, magic 8-ball, Ouija board, dice, coins, and straws. The museum will have an electron microscope to help you locate the President's accomplishments. Authorship unknown forwarded to The Panama News The Church of England's decision about women bishops Radical Anglicans who support women bishops and the evil of homosexuality misinterpret the bible and are guided by a false sense of freedom. They seek not God but their own selfish desires of power and lust. Freedom does not rest in one’s ability to do as one pleases. "Ye shall be as gods." This promise is quite clearly behind modernity's radical demand for freedom. Such anarchical freedom does not redeem, but makes man a miscarried creature, a pointless being. Those who live like this very soon clash with others who want to live the same way. The inevitable consequence of this selfish concept of freedom is violence and the mutual destruction of freedom and life. This is the direction in which the world-wide Anglican communion is now headed. Traditionalists should take heart. They are always welcome back to the fullness of truth that resides - with all it's pristine beauty and splendor --- inside the Catholic Church. Guided by the unshakable rock of Peter the pope, the Catholic Church is the only church today that can be traced directly back to Christ, The Messianic King, whose coming was foretold in Jewish Scripture. All other Christian denominations are defective in the sense and to the degree that they have arbitrarily chosen to sever themselves from Catholic belief. I encourage traditionalists tossed about by the waves of false doctrines to climb aboard the barque of Peter for it will be their only safe haven in these troubling times. Paul Kokoski Hamilton, Ontario Canada USA and its allies ought to try an integrated South Asia policy Enough has been written and discussed in print and electronic media about the cause and fall-out of parting of ways between Zardari and Nawaz in Pakistan on Monday. But it misses the essential political dynamics (which has effected and bound to effect Pakistan in future also) prevalent in South Asia and its immense importance to the emerging new human rights friendly global political order especially in this fast globalizing world which will be free from poverty and violence / terrorism. In every era economically and militarily powerful countries have been influencing the course of world history. Therefore no one should mind if contemporarily powerful countries like USA and its allies also want to shape the world in a way which will protect their legitimate interests. But problem arises when these countries start thinking that throughout the world only the replica of their political / economical / social order and system will safe-guard their interests and try to either dismantle with vengeance or do not support any other variation (though it meets the essential requirements of any modern State) of political system as USA and its allies did in recent past even in Pakistan, the old and tested ally of USA. During recent political upheavals in Pakistan the USA and its allies misjudged the political dynamics of Pakistan for the simple reason that: (i) Despite the UN's head office on US soil, i.e., in New York, the USA and its allies have been shedding only crocodile tears over pathetic condition of human rights all over the world. (ii) India's partition has been erroneously considered to be final without realizing that it was not only before 1947 partition but even today it is only Pakistan which will again set the political agenda for Indian subcontinent especially in view of: (a) The Kashmir problem which, under the leadership of Pakistanis, has already consumed the lives of about one hundred thousand Kashmiris with attendant terrorism throughout India and still the cause of on going uprising and bloodshed in Jammu and Kashmir which is a matter of deep concern for entire India. (b) The cravings of 150 million Indian Muslims who are pining to see a united India - Pakistan - Bangladesh so that the present demographic Hindu - Muslim ratio of 5.5:1 in India may come down to 2:1 for their comfort in the interest of meaningful secularism and which will also go a long way in effectively fighting the 'global war against terrorism' sponsored mainly by USA and its allies. Therefore in the present circumstances Pakistan should, as given below, gradually move toward democratic diarchy with human rights concerned martial supremacy:- (1) The President directly elected by the people of Pakistan should be at the center, exercising the new martial jurisdiction of human rights along with other traditional martial jurisdictions of defense, internal security, consent to legislation etc. (2) The Chief Ministers elected directly or through people's representatives may take care of all other civil jurisdictions in the Provinces of Pakistan. (3) Pakistan should also launch, like India, the National Rural Employment Guarantee Program (NREGP) in all the districts of Pakistan for all the needy adults for 300 working days. But Pakistan should not commit the same blunder as India committed by implementing NREGP through States / local bodies (which has practically sabotaged NREGP in India). Instead Pakistan should make it exclusively a central jurisdiction and implement NREGP departmentally through central government. (4) Notwithstanding Pakistan being an Islamic State the new rulers of Pakistan need not be defensive / apologetic against the irrational demands of the fundamentalists. Because any one who is deeply religious and has any long term experience as a member of political party having religious concerns in India also knows it pretty well that every religion has two aspects (i) This worldly temporal aspect which keeps on changing rather must change as per the requirements and compulsions of social / economical / political realities of any contemporary era and (ii) other worldly matters which are best left to religion even in secular States. (5) Therefore once Pakistan adopts NREGP then not only it will automatically take care of all the this worldly temporal concerns of egalitarian Islam but will also take care of the fatal draw back of erstwhile President Musharraf who's political party failed to win 2008 elections in Pakistan. (6) In order to effectively deal with the undue pressure of world community, especially of USA and its allies, on financial / monetary front, Pakistan need not be overwhelmed / carried away by so called world renowned economists who claim to know the XYZ of economics without understanding the ABC of it. In order to practice people's friendly economics Pakistan ought to do the following: (i) In order to keep the interest rate at moderate level constitutional provisions should be made that in recovery suit no court will pass a decree for more than (say) one and half times the principle amount of the loan on interest. Being an Islamic State Pakistan should not have any difficulty in discouraging wild interest rates. (ii) In order to discourage institutional open loot Pakistan should not allow its Reserve Bank to create any currency without equal tangible asset back-ups (tangible assets need not be merely metallic like gold, silver etc.) Pakistan need not be misguided by the example of USA, India etc [Like India USA is also producing Currency M0 without having proper asset backups. As per last balance sheet of Federal Reserve the Net Federal Reserve Notes are $773,636 Millions whereas tangible asset backup of this currency is merely Gold plus Coin $(11,037 + 932) Millions. Whereas India, despite Article 292 and 293 of The Constitution, is trying to camouflage this institutional open loot through the Fiscal Responsibility and Budget Management Act] (iii) Pakistan may learn from the mistakes of India and should not allow foreign investments in: (a) The secondary market, as it encourages speculation. Pakistan should allow foreign investments only in primary market which will increase production capacity and direct employment. (b) Real estate, because this takes houses beyond the reach of common people as it did in India where India allowed above 25 percent of foreign investment in landed properties with disastrous results (for example the rented three bedroom house in which I shifted in Dwarka New Delhi in May 2003 was costing Rupees one million but when I left it in April 2008 and still it is costing Rupees six millions). Above mentioned democratic diarchy will be good not only for prosperous, stable and peaceful Pakistan but it will serve as a model worth emulating also in other countries (including India) of South Asia and which will ultimately usher into 'Federation of Secular Democratic SAARC countries' in the wider interest of the entire mankind. Hem Raj Jain Ghaziabad, Uttar Padesh India Who are the Brain Police? Never mind who we are. We're watching you, so you better watch your step. name withheld pursuant to presidential security decrees (or so it is probably satirically claimed --- but you never know)
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