36
23, 1995, the Supreme Court declared unconstitutional one part of Article 775 of the
Family Code for violation of Article 8 of the American Convention. Before and after
the already mentioned May 23, 1991, judgment, the Supreme Court had maintained
the applicability of international law.
h.
Statement of Guillermo Endara-Galimany, President of the
Republic of Panama from December 20, 1989, to August 31,
1994
He took office under very difficult circumstances, and his immediate concern was to
re-establish the Constitution of the nation, the Judicial Branch, and the Legislative
Branch. To such effect, he as the President, and the two Vice Presidents, signed a
decree towards the expeditious reestablishment of the constitutional order. His first
mission was to establish democracy, human rights, and liberties. He felt that
democracy could and should be defended by granting constitutional guarantees to all
inhabitants of the Republic of Panama equally, and with support by most of his
Cabinet, he did not, under any circumstances, accept to suspend constitutional
guarantees. The Defence Forces disappeared on the occasion of the North American
invasion, and he made the decision to create a National Police force to replace them.
He committed the mistake of selecting colonel Eduardo Herrera-Hassán as Chief of
the National Police, since it was foreseeable that problems would arise; he had
proven that he believed in the militaristic system that had prevailed before, and in
which he had prepared himself. He dismissed colonel Herrera-Hassán because he
did not accept for the Police to be subject to civilian authorities. After his dismissal,
colonel Herrera-Hassán was investigated and detained by the competent authorities,
since he devoted himself to conspiring against the constitutional order towards the
prevalence of militaristic interests. He established a presidential guard, which would
be the focus of resistance of any subversive movement, for which reason he was
careful to see to it that no police personnel were among its members, as it had been
traditionally the case. Before the December 4 and 5, 1990, events, he participated
in the negotiating process with the workers unions. Against the best opinion of
almost all his Ministers, he wished to participate directly in it. He realised that the
petition of the workers had been prepared so as not to arrive at any agreement at
all, since only one or two requests could be negotiated and granted. He had
intelligence officials of his Government infiltrate themselves among the workers, who
invited them to participate in colonel Herrera-Hassán’s conspiracy. The labour union
leaders brought one of the infiltrated agents to said colonel, who gave him details on
the movement that he was planning against the constitutional system, democracy,
and liberties. He resolved to request the North American intervention to save
democracy. The Government learned through the media about the convocation
issued by the Co-ordinating Organisation of State Enterprise Workers Unions to the
State workers, urging them to participate in a march scheduled for December 4,
1990, and in a work stoppage to be held the following day. There was an extremely
obvious coincidence between colonel Herrera-Hassán’s subversive movement, and
the workers union’s actions. Vice President Ford, who was the Minister of Planning
and President of one of the institutions that were calling a strike, expressed, in a
well-known public statement that was criticised by the labour sectors, that they
would dismiss anyone who would participate in the strike. There was no procedure
in Panama to request a declaration of illegality of a strike, but the strike scheduled
for December 5, 1990, was definitely an illegal strike that was so declared on several
occasions by his Government, and especially by Vice President Ford. The action of
the Government, that is, the adoption of Law 25, did not violate any right of the
Panamanians.
Those affected were afforded a due process before the pre-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents