33
they were based on the organisation of, participation in, and implementation of an
illegal work stoppage associated with a military uprising, such acts intended to
subvert the constitutional order of the country. Such basis was false. He was
dismissed pursuant to Law 25. He was notified on December 10, 1990, when his
immediate superior, the Regional Manager, informed him that he had a note
whereby his contract was declared non subsistent. He did not have access to justice,
and he was able only to use the recourses allowed him by Law 25. He presented an
appeal before the authority that had dismissed him, by means of a reconsideration
remedy, and it was rejected. Later it was requested that Law 25 be regarded
unconstitutional, but it was determined that it was constitutional. He presented an
appeal before the administrative conflicts jurisdiction, but the appeal was rejected on
the grounds that the claim was based on Law 25, which was not illegal. The
reconsideration action before the same authority at the IRHE, and the action before
the administrative conflicts jurisdiction before the Supreme Court were filed
collectively. Only the evidence items submitted with the action brought, which were
in written form were presented. No testimonial evidence was presented in any of the
cases. He did not have access to the record. He knew about many pieces of
evidence that were submitted with the action brought, but he did not see the
evidence presented to assert that he had taken part in an illegal work stoppage. He
was not reinstated into his position. The relations that the workers and the workers
unions of the state enterprises in Panama maintained with the members of the Public
Force during his working years were not tense. The workers only tried to maintain,
through the labour struggles, the benefits that they had been able to obtain.
g.
Expert testimony of attorney-at-law Humberto
specialist in labour and constitutional law
Ricord,
a
He has been a lawyer since 1945. He has been a professor at the School of Law of
Panama’s National University for 35 years, and an active attorney-at-law from 1948
to the present.
He has been the complainant in many complaints of
unconstitutionality since 1948. He is the author of certain booklets on constitutional
law and labour law, and of some legal works of varied content. The right of public
servants to demonstrate publicly, subject to compliance with legal requirements,
such as the delivery of public notice 24 hours in advance, does exist, and is
established by the Constitution of Panama in broad terms, without distinction among
persons of certain qualities, that is, whether they are workers or private citizens in
general. There is not a penal law in Panama whereby either the strike or the work
stoppage in public services is regarded an offence. The Government did not decree a
state of emergency, nor did it suspend the constitutional guarantees on the occasion
of the December 4 and 5, 1990 incidents. Law 25 of December 14, 1990, affected
the right to stability on the job of public servants, which is stipulated constitutionally,
as well as the guarantee of a given jurisdiction and the right to join labour unions
concerning their general practice, since the Panamanian laws and Constitution
recognise certain rights and guarantees of labour unions and their members, which
were undoubtedly affected by this law. The May 23, 1991, judgment of the Supreme
Court is a decision that falls outside Panamanian law and the very provisions of the
Supreme Court itself concerning the rights of public servants and workers. The
problem of non-retroactivity, which is governed by Article 31 of the Constitution, was
put forth to the Supreme Court, which deemed that there was no unconstitutionality
in the non-retroactivity of Law 25, and that there was no violation of Article 31. The
Supreme Court eluded the application of Article 31 of the Constitution on the
fallacious grounds that such Article contained only penal judicial guarantees, but not
guarantees for those under the law. For the witness, said Article contains both,