The recent apprehension of the former deputy and former director of the Panamanian Institute of Sports (Pandeportes), Héctor Brands, has once again revived the discussion about the need to eliminate the 'probable cause' requirement in investigations against members of the Legislative Branch to ensure the effectiveness and equality of the justice system.
This week it was learned that while Brands was in charge of Pandeportes, he allegedly obtained multi-million dollar contracts with different institutions through a society managed by relatives and close associates, whose final beneficiary was himself. Prosecutor Eduardo Rodríguez detailed that the funds from said contracts, amounting to more than 10 million dollars, would have been transferred to accounts of societies linked to the former deputy and his relatives, and used to purchase luxury items and trips abroad.
Deputy Ernesto Cedeño, from the 'Another Path' movement, who had already presented a proposal for this purpose to the National Assembly, believes that to prevent some legislators without values or scruples from trying to seek their 'first million', it is necessary to reform the Criminal Procedure Code, removing this requirement.
Although in its first attempt the document did not obtain the necessary support to be sponsored by the Government, Justice and Constitutional Affairs Commission, Cedeño affirmed that establishing these changes was the only way to equalize the burdens between citizens and those who were elected to represent them in the Justo Arosemena Palace.
The deputy indicated that to combat corruption it is necessary to impose a series of measures among which stand out: better accountability on the part of officials who exercise command and jurisdiction, allowing society to participate in state policies, and strengthening the justice system, carrying out the corresponding re-engineering.
Currently, the regulations establish that to initiate an investigation against a deputy, the following requirements must be presented: identity data, domicile and signature of the complainant and their legal representative, data of the accused and their domicile, a precise, clear and detailed account of the attributed fact, place and time of its commission and the sufficient evidence of the punishable offense imputed.
Cedeño maintains that it is a matter of 'values'; therefore, he will continue to insist until his initiative is scheduled and discussed in the National Assembly.
'Deputies should not have more privileges than the electorate that elects them,' he stated.
If these requests are not met, Article 488 of the Criminal Procedure Code clearly states that the complaint will be rejected, and the Supreme Court of Justice (CSJ) has 10 days to present the admissibility resolution.
'He who does not owe it, does not fear it, justice must do its work,' he reiterated at that moment.
