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).