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Volume 16, Number 5
April 30, 2010

front page

Recently added stories:
CEMIS prosecutions focus on the PRD
Giant shark fossils found in canal expansion digs
General Noriega's situation
A Raúl Leis play at the Teatro Ascanio Arosemena
University of Louisville Panama students, diplomats and experts ponder Haiti's recovery
La sección de opiniones en español
The Panama News website user statistics
Dancing against domestic violence at Colon's Teatro de la Ciudad
José Ponce's photos of Colon's Costa Arriba
Kermit Nourse's photographs of Colon
Panama's Black Ethnicity Month
Leis, Cure democracy's ills with more democracy
Sirias, The early days of Nicaraguan TV
Jackson, The people's university
Arrests, confusion in Justiniani murder case
The Patronato de Nutricion Art Auction
The next issue's editorial page: Violence and attitudes; and Martinelli buys a Trojan Horse
Mayday 2010
Government not liable for disasters its corruption creates
Colon's Picasso
Rómulo Castro and friends move their scene back to El Cangrejo
The Blind Side on DVD
Big River, the Spanish adaptation, directed by Bruce Quinn
Great Expectations at the Ancon Theater

also, look for daily updates from Panama and elsewhere on our Facebook page


The conditions of AIDS patients in the Panamanian prisons. Photograph by Javier Justiniani, taken in the course of a visit by United Nations officials and human rights activists

Remember Javier Justiniani by his work

Today they send a peace message, but they do not remember the damage of the words and phrases that they voiced --- conspiring everywhere out of love for money and the things of the world and also saying that they love God. God loves all, because the sun is for the righteous and the sinners, just like the air that we breathe. But God detests betrayal and lies. Those who request peace but distance themselves from Him will be caught in the crossfire.

Javier Enrique Justiniani


On the morning of April 29, an assassin came to the Juan Diaz office of attorney and human rights activist Javier Justiniani and shot the man several times. An ambulance was called and took a half-hour to arrive, but Justiniani was dead by then. It has been reported in various mainstream media that a police surveillance video got the picture of the alleged perpetrator, but as of late that night there had been no announcement of an arrest.

Justiniani was many things, which tended to send brickbats flying his way from many angles:
  • He was an ex-convict, having served 42 months in prison in the mid-to-late 90s for aggravated drug possession.

  • He was a lawyer, who went to law school after he got out of prison.

  • He was a political and social conservative, a "liberal" in the Panamanian sense of the word who said that his favorite book is the Bible. He wanted to run for public office in 2004 on the Solidaridad ticket and in 2009 on the Cambio Democratico ticket, and was blocked in the first instance by now Minister of Government and Justice (and shortly to be Security Minister) Jose Raul Mulino, and in the second instance by now President Ricardo Martinelli.

  • He was a musician, community leader and organizer of an independent marching band, the Banda Centenario. As such he was a lightning rod for successive governments that took the position that only government-sponsored or government-approved organizations can participate in patriotic parades.

  • He was a human rights activist, founder and president of the Fundacion de Apoyo al Detenido (the Prisoner Support Foundation) that advocated prison reform on many fronts. He won few friends in government by this work, which repeatedly embarrassed the Moscoso, Torrijos and Martinelli administrations. As is the fate of anyone who undertakes such work, he was endlessly accused of being pro-crime, often by politicians directly involved in the immigration of foreign criminal elements into Panama or in the protection of wealthy white-collar criminals who carry out their activities with impunity in this country.

  • He was a noteworthy voice in a substantial but amorphous grass roots social movement of people who come from communities wracked by gang violence and, very much apart from the police and the politicians and their messages of repression and condescension, urged adolescent boys and young men to do better things with their lives. That earned him the scorn of various gangsters, and of those who traffic in the related culture like rapper and Martinelli supporter DJ Black. It made him the target of various assassination attempts before this final, successful one.


Photo by Justiniani of inmates beaten at the La Chorrera Jail.

Justiniani was arguing with the Martinelli administration at the time of his death, and had sent a letter complaining of threats made against himself by various people in the government or the Martinelli political entourage. A few of his distraught supporters immediately blamed the government for the murder, without any proof, and a few of the mainstream media irresponsibly published such speculation. President Martinelli did not help matters by having nothing to say on the day of the assassination.

Panama's new Catholic leader, Archbishop José Domingo Ulloa, promptly noted and lamented Justiniani's passing, not only condemning the violence but calling for "a politics that includes different sectors, in such a way that we can work in unanimity for a culture of peace." Human rights activists, leading lawyers, the Chamber of Commerce, former Panama City Mayor Juan Carlos Navarro and others issued statements of condolence and anguish.

And then TVN, the television network of which President Martinelli is part owner, ran scurrilous speculation about Justiniani's sexual affairs, something that has been absolutely taboo for a very long time in Panamanian culture. Minister of Government and Justice Mulino speculated about the motive for the killing coming from Justiniani's past. The usual subset of vile anonymous creeps among those who post comments in El Panama America came up with the expected variations on the theme that Justiniani deserved his fate.

Javier Justiniani is not a viable candidate for sainthood, but he was one of Panama's leading human rights activists. On one level, his murder was just another milestone in Panama's gradual descent into hellish violence. But was this a milestone in the "Colombianization" of Panamanian politics, wherein assassination becomes an ordinary part of society's discourse about public issues? We need to see the evidence that develops, both from and about any and all official investigations, before we can talk intelligently about that. This is a time to remain calm, but also a time to be determined that this is not the way that Panamanians live and die.

*     *     *

One of the central themes of the Christian faith, which is also found in other religions, is about sinners and their repentance and redemption. Just before he died, Johnny Cash recorded his haunting version of a Nine Inch Nails song that dealt with these themes. A brilliant country musician, Johnny Cash also fought a long battle against drug addiction and spoke out on behalf of the downtrodden, including the prisoners of this world. The following video, in its own way, puts the undue conceits of the self-styled righteous and the easy dismissals of "bad guys" in a good perspective, something that US popular culture rarely does:


*     *     *

The Panama Canal Authority, which has been losing a few customers due to its high tolls, met recently and decided to postpone scheduled toll increases until the beginning of next year. In their press hype they styled it as a "freeze" on tolls, which is a little bit of a stretch.

The world economy has made a mess of the canal usage and revenue projections that were sold to the Panamanian people in the state-financed campaign for the "yes" side in the canal expansion referendum. Construction is well underway, but now we hear that the ACP just discovered an earthquake fault going right through the new Pacific side locks site, which will thus require further reinforcement. Actually, that fault was well known for decades and the "no" side mentioned it in the campaign, but only the "yes" side got public funding and this was spent on a scurrilous information control strategy in favor of the Torrijos - Alemán Zubieta Plan.

Yes, there are going to be about 7,000 canal expansion jobs, and this public works project is rippling through the economy with a "multiplier effect." No, this multiplier effect will not create more than a quarter-million jobs as the ACP so dishonestly claimed back then. (And notice, all of their claims made during the canal expansion referendum campaign have been erased from the ACP website.)

The 2006 referendum may be water under the bridge. I thought, and think, that the canal needed to be expanded but that the Torrijos - Alemán Zubieta Plan was dishonestly presented and probably not the best way to proceed. But they got about one-third of the electorate --- the disciplined PRD rank-and-file and hardly anybody else --- to vote for the thing and slightly more than 10 percent of the electorate showed up to vote "no," which added up to passage in a landslide --- in an election where the great majority of Panamanians chose not to vote.

We need to keep this history in mind because the architect of the ACP's information control game, Ricardo Martinelli when he was Minister of Canal Affairs in the kleptocratic Mireya Moscoso administration, is gearing up for some sort of "non-binding plebiscite" later this year. Do not count on anything affecting the important issues of how Panama governs itself to go before the voters. Do expect demagoguery of various sorts, and state-financed campaigns that with very little subtlety will be about boosting the political standing of Mr. Martinelli and his coalition partners.

So, don't we have an Electoral Tribunal to put a damper on such abuses?

Theoretically, maybe we do. However, that last bastion of PRD control in the national government has a pretty ugly track record and its partisan balance is about to shift in Martinelli's favor.

Recall the former treasurer of Mr. Martinelli's Cambio Democratico Party, the president's cousin Ramón. Under the Moscoso administration he was both a Central American Parliament (PARLACEN) deputy and head of the IDAAN water and sewer utility, which was given as a fiefdom to Ricardo Martinelli's party. Ramón Martinelli promptly enacted a payroll deduction wherein IDAAN workers would pay Cambio Democratico party dues. That sort of scam was par for the course in the Moscoso years, but highly illegal. The principal beneficiary of the arrangement was Cambio Democratico's owner, one Ricardo Martinelli. Legal troubles ensued. First, it was noted that the statute that created PARLACEN bars its deputies from holding any other government job. So was Ramón Martinelli going to quit PARLACEN to run IDAAN? No way. The Electoral Prosecutor was looking into the dues checkoff, and being a PARLACEN deputy gave Ramón immunity that being head of IDAAN did not. So Ramón stepped down from IDAAN, kept his immunity from criminal investigation, and the dues checkoff was dismissed as a dumb but innocent mistake.

Not completely dismissed, however. Charges were filed but quickly put on hold because of Ramón Martinelli's immunity. But the charges were not just filed against the erstwhile IDAAN director who's now in a Mexican slammer for laundering money for one of the most vicious of the drug cartels. They also named the principal beneficiary of the illegal party dues payroll deduction, Ricardo Martinelli.

Out went Mireya and in came Martín, and there was a widely rumored and circumstantially more or less proven "Pacto MaMi," wherein the PRD and the Panameñistas tacitly agreed not to investigate or prosecute one another. The IDAAN dues checkoff case was not dismissed, but allowed to hang in limbo. It's still pending.

Martinelli made no agreement like the Pacto MaMi with the PRD, and he and the courts and Public Ministry that he now controls are on many fronts pursing the PRD. In most cases, it's about corruption that actually happened and ought to be prosecuted. But Martinelli came to the presidency with two of three Electoral Tribunal magistrates coming from the PRD, and with an Electoral Prosecutor, Boris Barrios, who was also PRD and flagrantly partisan about it.

But Barrios also appears to have been a flagrant crook, who in a previous post as a notary was allegedly involved in the falsification of documents and embezzlement. Barrios resigned under pressure in February and Martinelli replaced him with Fernando Alemán.

With Martinelli's man now in charge of the case against the Martinellis, it can be reasonably presumed that the case will not see the light of day. It could go on in limbo forever, but what I would suspect is that some crucial documents in the rather straightforward case will somehow go missing. See, "the dog ate it" is considered a proper excuse in Panamanian politics.

*     *     *

Meanwhile, the president vetoed things that came out of the legislature. It was his cabinet's proposal to split the Ministry of Government and Justice in two, with a Security Ministry in charge of law enforcement and corrections and a Minister of Interior taking over the remainder of the Government and Justice functions.

The current Minister of Government and Justice, José Raúl Mulino, is going to be Security Minister. Panama City's vice mayor, Roxana Méndez, has been designated as the Interior Minister.

The legislature moved the Civil Aviation Authority and the Transit and Land Transportation Authority into the new Interior Ministry, and Martinelli thought those moves unwise.

The veto of the law creating the two ministries was a partial one, just of the moves of autonomous authorities into the Interior Ministry.

The president also vetoed a law that would create a single registry of cattle brands and take other measures to make cattle and their meat traceable through the market. Martinelli said that some of the provisions conflict with norms of the World Organization for Animal Health, which Panama has adopted. Such conflicts could become an issue that affects Panamanian meat exports.

Don't look at these vetoes as a falling out between Martinelli and the legislature. For the time being the coalition between Cambio Democratico and the Panameñistas looks solid. One factor in this equation is that Martinelli is popular, while the legislature is not. When the question of who succeeds Martinelli comes front and center, however, look for internal warfare in the Panameñista Party, which may in turn affect its coalition with Martinelli. That should not be a factor this year or next.

*     *     *


Anti-mining activists disrupted a gathering of Latin American environmental ministers at the Hotel El Panama on April 29. The Martinelli administration is for a mining law that guts environmental protections and for the dispossession of the indigenous neighbors of Cerro Colorado in the Ngobe-Bugle Comarca, which he has invited South Korean companies to strip mine.


*     *     *

It appears that Ricardo Martinelli made a bad bet in his relations with the United States, in that shortly before the vote on the health insurance reform law he hired a team of Republican lobbyists and publicists to promote the Panamanian government's points of view in Washington. It seems that the president was overly impressed with the screeching Tea Party protesters and their political prospects. He could be right. We shall see this coming November. Maybe, however, it's just that Martinelli is a far right ideologue with a Minister of the Presidency who hangs out in the Karl Rove entourage and he just figures that whatever happens, he and his administration are not going to get along with the Democrats in Washington.

We shall see even sooner if Martinelli made a bad bet closer to home. He has openly broken with the long-standing stated Panamanian policy and involved this country in Colombia's civil conflict. People cited by the OAS as gun runners for Colombia's right-wing AUC death squads are openly doing business here in Panama City. (Wanna get a deal on a condo whose construction is running late?) Martinelli's relations with Colombia are the next thing to an open endorsement for President Álvaro Uribe and his hard-line policies.

But then Colombia's high court found that the petition drive to put a referendum on the ballot that would allow Uribe to seek a third term was improper in many respects. The right wing of Colombian politics has split into three (Uribe's "U" party, the traditional Conservatives and an independent group based on the paramilitaries) and from out of nowhere the Green candidate, the mathematician, philosopher, former Bogota mayor and national university rector Antanas Mockus, has surged into a first round lead over former Defense Minister Juan Manuel Santos, with polls also suggesting that he's likely to win a runoff.

It is not, of course, a done deal. In many places out in the Colombian countryside, the vote goes not how people think it ought to go, but how vicious men with guns who do the bidding of local oligarchs say that it must go. The campaign calling Mockus a friend of Hugo Chávez and soft on FARC is underway. But Mockus, who has twice served as mayor of his nation's capital, is somewhat immunized to that. His party's previous presidential candidate, Ingrid Betancourt, was after all kidnapped and held hostage by FARC for many years and Mockus says he isn't going to be making any trades for hostages. And then, back when he was running the university, a leftist student group was heckling him until he turned his back on them, dropped his pants and mooned them.

Mockus would inherit all of his country's problems if he is elected, but if he can get where he wants to go and turn the page on a violent epoch in Colombian history, it would solve a lot of problems for a lot of people, including for the Panamanian people. But that's a huge set of ifs.

For those of you who understand Spanish, we have published a three-video introduction to Mockus in our Spanish news section. Those of you whose Spanish skills are not good enough to follow that might want to catch an English-language speech that Mockus gave at the University of Michigan in 2008, in which he talked like a philosophy professor rather than as a presidential candidate.

So might the anti-environmentalist President Martinelli, who has bet on taking sides in Colombia's eternal war, have positioned himself as the friend of the far-right opposition to Latin America's first Green president? It could easily turn out that way.

*     *     *

Panama, of course, is not Colombia. That's something that people in Washington who ought to know better sometimes appear not to understand. There are many reasons other that a Teddy Roosevelt plot back in 1903 why we are not Colombian. We have our own culture, cuisine, dialects of Spanish, history, economy and politics. For example:


*     *     *

General Noriega is now in one of France's most notorious hellhole prisons, and the international corporate mainstream media have briefly glanced at Panama, but not enough to send reporters here. There are some people here who feel strongly that Noriega needs to come back here to be tried and punished for his many crimes against the Panamanian people, and a smaller group that believes that the former dictator has been punished enough and ought to be allowed to return to Panama and quietly live out the rest of his years with his family. Me? I'm not a big fan of draconian punishments and I realize that exile is forbidden by the Panamanian constitution, but I believe that it's best for Panama that Noriega never come back here. He has already been tried and convicted in absentia for some of his crimes here, and the procedure I think best would be to let him leave prison and step onto a plane headed for wherever he chooses that will have him, with the understanding that if he steps off of that plane at Tocumen Airport he will be in a maximum security cell in La Joyita within the hour.

Noriega's situation isn't big news here, but the mainstream media in the countries of the north rarely pay attention to the things that actually are newsworthy here. It's one of the reasons why The Panama News exists.

*     *     *

The gist of the case against Noriega is that he allied himself and the Panamanian government that he headed with foreign criminals who were smuggling drugs into the United States, and laundered some of his share of the proceeds of that racket by his purchasing upscale real estate in France. The murders, tortures, disappearances, election thefts and large-scale bribery and extortion that he orchestrated here in Panama were infinitely worse crimes, even if there is a "conventional wisdom" that doesn't see it that way.

One thing that has not changed here is the continued alliance of Panamanian governments with foreign criminals. Mr. Martinelli and his obedient acting attorney general are playing that game too. It was neither politically convenient nor a good way for the international corporate mainstream media to maintain access for them to recognize former President Martín Torrijos's ties with Genovese Family mafia figures. The many scandals of the Perez Balladares administration were only recognized by the US State Department and the international press after Toro left the presidency. The US media never reported the Moscoso administration's tolerance for and even endorsement of Atlanta swindler Tom McMurrain.

In the past few weeks I have heard updates about the court cases swirling around Canadian pyramid scam operative Mary Sloan (who was thrown out of the British Columbia legal profession for stealing from her clients); real estate disputes in Los Santos involving Dutchman Martin Erkamps (who served time for his drug smuggling activities and his role in the kidnapping for ransom of beer magnate Freddy Heineken) and now the Martinelli administration, via the Public Ministry over which the president grabbed control in an extra-constitutional process, is taking the position that news reporting about the criminals that Mr. Martinelli tolerates in Panama will be treated as a crime. But it's not considered newsworthy up there.

(Yes, down here we have this eternal Glenn Beck wannabe and serial copyright pirate cheering for his client the Canadian criminal, calling for Okke Ornstein's incarceration and accusing me of being a "slanderer." Well, come to think about it, he's pirating an old routine there, too. Noriega, after all, had American accomplices and apologists too.)

*     *     *

Am I getting too negative here? Let's turn to the late Bob Marley for some attitude adjustment:


*     *     *

There has been a lot going on in the fun and culture department in Panama of late. The Panama News has been to the Azuero International Fair, to Colon's Costa Abajo and other places in Panama with José Ponce, to the Ancon Theater and elsewhere. Peter Szok profiles another of Panama's popular artists. We honor the memory of the recently departed Ivan Klasovsky with some of the photos that he sent us over the years. We take a look back to growing up as an Army brat in the old Canal Zone. We are looking forward to the upcoming Singers and Songwriters Festival.

For those of you who are not on the isthmus, there is an airline fare war on, so it's a relatively cheap time to visit and join in the fun.

Enjoy.

Eric Jackson
editor & publisher

PS: People who are on The Panama News email list are notified as new articles are uploaded onto this website, as the production cycle bears an ever more tenuous relationship to the stated dates of any particular issue. People on this list started getting links to articles in this issue more than a week before this front page was uploaded. Send me an email asking to subscribe if you want to get on the email list.

Most new articles are also uploaded to my Facebook page, on which I post news items about Panama and the world that are derived from other sources on a more or less daily basis. Also on that Facebook page I upload the Wappin Radio Show several times per week. Facebook is changing some of their policies around, but at the moment I believe that I have the page set up so that one may have access to it without registering as my Facebook "friend."

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Editor & Publisher - Eric Jackson
Contributing Editor - Silvio Sirias
Contributing Editor - José F. Ponce
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© 2010 by Eric Jackson
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