26 86. From the provisions in the Constitución Política de la República de Panamá de 1972 [1972 Political Constitution of the Republic of Panamá] and from the Judicial Code in effect at the time the events described in the instant case occurred, it results that lower-ranking prosecutors must abide by and comply with the rules issued by their superiors in the exercise of their legal powers, insofar as such rules be legitimate and in conformity with Constitution and statute.73 Lower-ranking prosecutors are subordinated both to the Procurador General de la Nación [National Attorney General] and to the Procurador de la Administración [Solicitor for the Administration]. 87. The investigation against the former Attorney General was conducted by the Procuradora de la Administración [Solicitor for the Administration], who prepared and subscribed the Vista Fiscal [Prosecutor’s Opinion] No. 472, supra paras. 47 and 48).74 88. In this regard, the expert report drawn by Mr. Olmedo-Sanjur, which was neither challenged nor questioned by the parties, states that “pursuant to Article 219 and Article 221 of the Constitution […], the Procurador General de la Nación [National Attorney General] and the Procurador de la Administración [Solicitor for the Administration] have the same hierarchy within the structure of the Ministerio Público [Office of the Public Attorney]” as “in order to hold both public offices […] the 73 Cf. Constitución Política de la República de Panamá de 1972 [1972 Political Constitution of the Republic of Panamá] supra note 47, folio 3050, which provides: Article 216.- The Office of the Public Attorney is comprised of the Procurador General de la Nación [National Attorney General], the Procurador de la Administración [Solicitor for the Administration], the Prosecutors and Representatives and other public officials as established by law […]. Article 218.- In order to serve as Procurador General de la Nación [National Attorney General] and Procurador de la Administración [Solicitor for the Administration] the same eligibility requirements established to be a Supreme Court Justice must be fulfilled. Both officials will be appointed for a period of ten years. Article 219.- The Procurador General de la Nación [National Attorney General] shall have the following specific duties: […] 2. Ensure that the other public officials with the Office of the Public Attorney faithfully carry out their duties and that they be held accountable for the breaches of duty or crimes that they may commit. Article 221.- The Procurador General de la Nación [National Attorney General] and the Procurador de la Administración [Solicitor for the Administration] and their alternates shall be appointed in the same fashion as the Supreme Court Justices. Prosecutors and Representatives shall be appointed by their senior officials. Subordinate staff shall be appointed by the respective Prosecutor or Representative. All such appointments shall be made in accordance with the Judicial Career, as provided in Title XI. In turn, the Código Judicial de la República de Panamá [Panamá Republic Judicial Code] (Case File of Appendixes to the Application, Book II, Appendix 46, folio 1908) provides: Article 331. The Procurador General de la Nación [National Attorney General] presides over the Office of the Public Attorney and all other officials in the area are hierarchically subordinated to him in accordance with the Constitution and the law. Except for the Procurador General de la Nación [National Attorney General], all public officials with the Office of the Public Attorney are subordinated to the Procurador de la Administración [Solicitor for the Administration]. […] The public officials with the Office of the Public Attorney shall exercise their duties independently and shall obey to nothing but the Constitution and the law, although they shall abide by such legitimate provisions as may be of their superiors in the exercise of their legal powers. 74 Cf. Prosecutor’s Opinion No. 472 dated September 22, 1999 of the Procuraduría de la Administración [Office of the Solicitor for the Administration], supra note 43, folio 1681. Likewise, cf. Report by the expert witness Olmedo Sanjur (Case File on the Merits, Book II, Appendix 46, folio 512).

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