88
i)
the public official status of the workers of the IRHE and the INTEL has
not been placed in doubt, and the declaration of non-subsistence of their
appointments is a typical administrative act in labour relations. If it were
deemed that the natural judge of these workers was the labour judge, it
would have to be concluded that, in allowing them to have access to the Third
Section of the Supreme Court, their right to be heard by labour courts was
recognised, since this Section is the highest labour court in Panama;
j)
the 270 petitioners were not tried by the Cabinet Council;
k)
the State institutions did not apply Law 25 for the detachment of the
petitioners from their jobs;
l)
the presumption of innocence is a penal guarantee. Detachment from
the job is an administrative conflicts matter or a labour relations matter, by
virtue of which the principle of presumption of innocence may not be applied
to them; and
m)
when the administrative career does not prevail, as was the case in
Panama at the time of the events, there prevails the discretional appointment
system, in such a way that the authority that appoints the employee may
dismiss her or him.
*
*
*
Considerations of the Court
119.
Article 8 of the Convention, in sections 1 and 2, establishes that:
1.
Every person has the right to a hearing, with due guarantees and
within a reasonable time, by a competent, independent, and impartial
tribunal, previously established by law, in the substantiation of any accusation
of a criminal nature made against him or for the determination of his rights
and obligations of a civil, labor, fiscal, or any other nature.
2.
Every person accused of a criminal offense has the right to be
presumed innocent so long as his guilt has not been proven according to law.
During the proceedings, every person is entitled, with full equality, to the
following minimum guarantees:
a.
the right of the accused to be assisted without charge by a
translator or interpreter, if he does not understand or does not speak
the language of the tribunal or court;
b.
him;
prior notification in detail to the accused of the charges against
c.
adequate time and means for the preparation of his defense;
d.
the right of the accused to defend himself personally or to be
assisted by legal counsel of his own choosing, and to communicate
freely and privately with his counsel;
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