81
c)
the retroactivity established in Law 25 is based on Article 43 of the
Panamanian Constitution, which indicates that the laws do not have
retroactive effects, except when so specified in them provided they are public
order or social interest laws;
d)
Panama did not use Law 25 to detach the workers in terms of
employment, for which reason it may not be said that said Law was applied
retroactively; and
e)
Law 25 did not imply any change as to the punitive procedural system
applicable to the public servants of the central government or the State
institutions other than the IRHE and the INTEL. As to the workers of the
latter two institutions, the change of system did not have retroactive effects,
but instead it had immediate effects in the direction of the future.
Considerations of the Court
103.
Article 9 of the American Convention establishes that
[n]o one shall be convicted of any act or omission that did not constitute a criminal
offense, under the applicable law, at the time it was committed. A heavier penalty shall
not be imposed than the one that was applicable at the time the criminal offense was
committed. If subsequent to the commission of the offense the law provides for the
imposition of a lighter punishment, the guilty person shall benefit therefrom.
104.
The text of Law 25 provides as follows:
LEGISLATIVE ASSEMBLY
LAW N° 25
(Of December 14, 1990)
“Whereby measures intended to protect democracy and
constitutional order are adopted at governmental institutions”
the
THE LEGISLATIVE ASSEMBLY
HEREBY DECREES:
Article 1. In order to preserve the constitutional order, authorisation is hereby granted
to the Executive Branch and to the directors of autonomous and semi-autonomous
institutions, State enterprises, municipal enterprises, and other public entities of the
State to declare non subsistent the appointments of those public servants who took part
and who may take part in the organisation, convocation or implementation of actions
that attempt against democracy and the constitutional order, whether or not they hold
positions on the boards of directors of trade union organisations, and of public servant
associations; their delegates and trade union or sectoral representatives, directors of
public servant associations regardless of whether or not they enjoy trade union powers
or whether or not they are governed by special laws.
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