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law was passed on December 14, and was published on the Official gazette on
December 17, but most of the dismissals had already been made by the 14th. In
Panama, the authority with competence to investigate offences against the
constitutional order, such as rebellion, sedition or any other offence against the
security of the State, was the Prosecutorial Agency, according to the Constitution
and the law. However, a type of special jurisdiction for this case was created
pursuant to Law 25, and it was determined in the “paragraph” of Article 2 of said
law, that the Cabinet Council would be the competent authority to determine when
the acts of public servants became attempts against democracy and the
constitutional order, which was equivalent to offences for whose investigation the
Prosecutorial Agency was responsible. Later, the Supreme Court declared the
“paragraph” of Article 2 of Law 25 unconstitutional. The Prosecutorial Agency, under
his authority, started a penal summary proceeding the same day, December 5, in
order to investigate whether offences had been committed and, in such cases, to
determine who was responsible. Colonel Eduardo Herrera-Hassán and some other
former members of the military, and even some civilians that had no relationship
with the labour union leadership were placed on a list of individuals regarded liable.
The investigation of labour union leaders was never ordered within the penal
proceedings initiated, which were later referred to the judicial branch. Elements
such as the coincidence between the movement of colonel Herrera-Hassán and the
workers’ movement were neither examined nor taken into consideration in the
investigation of the office of the Attorney General, nor was the fact that colonel
Herrera-Hassán would have informed a high State official that he was going to meet
with workers after having escaped from the prison. The simple fact that colonel
Eduardo Herrera-Hassán would have had the intention to meet with some labour
union leaders did not make them a part of the acts that he carried out before and
after his escape on December 4, 1990. In a note of the office of the Attorney
General of November 8, 1991, addressed to the Chairperson of the Labour and Social
Well Being Committee of the Legislative Assembly, it was stated that Law 25 of
November 14, 1990, violated agreements 87 and 98 of the International Labour
Organisation (ILO); that there was no evidence, in the investigation initiated, that
groups of State workers would have participated in the attempted coup d’état, and
that the rules of international law were above the Constitution. Said letter was
characterised as the opinion of the Attorney General of the Nation. Law 25 changed
the status of the workers who were under the Labour Code, by bringing them under
the legal system of administrative law. The remedies filed before the labour
jurisdiction were rejected and so were the administrative conflicts remedies.
International human rights law has not been taken into account either by the
Executive Branch, or by the courts. In its fourth article, the Constitution establishes
that Panama abides by the rules of international law. The Supreme Court has
established in reiterated jurisprudence that Article eight of the American Convention
is a part of the constitutionality block, and that paragraph one of said Article
establishes the right of all persons to be heard before being sanctioned, that is,
before their penal, civil, and fiscal, obligations, among others, are established. It is
evident that Law 25 violated Article 8 of the American Convention, at least with
reference to its first paragraph. The constitutionality block was in existence since
long before the Panamanian Supreme Court recognised it. When, in establishing its
position in its judgment concerning the claims of the workers dismissed pursuant to
Law 25, the Supreme Court expressed that the American Convention and the
International Covenant on Civil and Political Rights were only an overlap of the
precepts of the Constitution and that they had the value of a law and lacked
constitutional hierarchy, the office of the Attorney General of the Nation felt that the
purpose of the judgment was to constitutionalise something that was not