86
Council acted unconstitutionally in exercising a duty of the exclusive
competence of the Judicial Branch.
h)
the right to a competent tribunal was eliminated as of the issuance of
Law 25, since Executive Branch bodies tried the dismissed workers. The
administrative officials acted ultra vires; they usurped jurisdiction and
invaded powers of the regular judicial bodies when they determined the
liability of the workers and acted as guardians of the interests of the
administration, rather than protectors of the workers’ rights. The regular
judicial authority established previously in the law is the competent court, the
specialised courts being excluded;
i)
the right to the presumption of innocence, is established in Article 22,
paragraph two, of the Constitution of Panama, and in Article 1966 of the
Justice Code. Without having set forth and proven the events subject to
judgment, and without having proven guilt in a public proceeding with all due
guarantees, the State presumed the liability of the petitioners and proceeded
to punish them with dismissal from their positions. The workers were unduly
punished; the State did not presume their innocence, nor did it offer them a
fair trial. In the dismissal notes the national work stoppage was associated
with the military uprising, and the State presumed that the workers had taken
part in the organisation of actions that attempted against the democratic
government and the constitutional order.
117.
As to Article 25 of the Convention, the Commission argued that
a)
the 270 workers were deprived of their right to an effective recourse,
not only when the Supreme Court rejected the Law 25 unconstitutionality
action, but also when the Third Section of said Supreme Court rejected seven
administrative conflicts actions brought against the dismissals;
b)
the administrative judicial recourse was ineffective.
The actions
brought by the workers were rejected by means of arguments that led to such
result;
c)
despite the fact that the workers filed remedies with the Third
Administrative Conflicts Section of the Supreme Court to obtain a judicial
remedy for their protection, the rejection thereof left them unprotected;
d)
ineffectiveness and denial of the right to petition constitute one of the
reasons why the events were denounced before the Commission;
e)
when the Supreme Court declared unconstitutional one paragraph of
Law 25, it caused the validity of the rest of such law to be questioned since, if
the entity that made the selection, determined the liabilities and applied the
dismissal sanction of the State employees acted unconstitutionally, its acts
were absolutely null and void, and the rest of Law 25 remained inapplicable
because it referred to the dismissal action. The violation of Article 25(2)(c) of
the Convention was proven when the unconstitutionality remedy filed against
Law 25 was declared partially well founded. If the legal rules are derogated
when found to be unconstitutional, the jurisdictional actions performed on the
basis of such rules must be declared null and void; and
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