The principle of specialty, in effect since 1904, remains valid as confirmed by a recent certification from the Ministry of Foreign Relations of Panama (MINREX). Protected by the principle of specialty, the former head of state could not and cannot be prosecuted, detained, or punished for a crime or crimes other than those for which extradition was granted. When U.S. authorities handed Martinelli over to their Panamanian counterparts, they did so under the aforementioned principle, as documented in a note from June 8, 2018, from the Embassy of Panama in the United States. The note states that the U.S. Department of State authorized Martinelli's extradition solely to be tried for the crimes of violating secrecy and embezzlement, of which he was acquitted; however, the former president has been taken to court for cases (New Business and Odebrecht) that are unrelated to the crimes for which extradition was granted. This situation has been denounced on multiple occasions by the former president's legal team. Lawyer Carlos Carrillo Gomila, during the arguments phase, presented a note issued by the Ministry of Foreign Relations on July 11, 2024, which details that the entity did not receive any request from the Anti-Corruption Prosecutor's Office of the Public Prosecutor's Office or the First Specialized Prosecutor's Office against Organized Crime to lift the principle of specialty in the Odebrecht and New Business cases, respectively. However, the issue goes further, as MINREX reiterated that it is the only competent channel to process exceptions to the principle of specialty, as established in a ruling by the Administrative Litigation Chamber of the Supreme Court of Justice dated August 29, 2017, which reinforces the defense's argument during the hearing: Ricardo Martinelli could not and cannot be part of a trial for a crime foreign to the contents of the extradition agreement. The ruling formally establishes that the Ministry of Foreign Relations (MINREX) is the 'only channel or suitable means of communication' between the judicial authorities of Panama and foreign authorities. Carrillo highlighted that the confusion surrounding this protection is due to the fact that when Martinelli was declared 'not guilty' in the Pinchazos case, then-Prosecutor Kenia Porcell, along with her team, interpreted that his departure from the country would be a cause to lose it; however, this protection under the principle of specialty is only lost if the former head of state had voluntarily renounced it, had traveled to the United States, or if the judge who granted it had withdrawn it, situations that have not occurred to date. 'The then-Prosecutor could not usurp the functions of the Ministry of Foreign Relations and interpret that the right of specialty, which was notified to the Panamanian state by the United States, did not exist,' he stated. They indicate that the judge must respect the competencies of MINREX. This principle, according to the jurist, must be respected by Judge Baloisa Marquínez because she cannot override the competencies of MINREX in the ruling for the Odebrecht case. He maintained that the authorities cannot interpret the matter to issue a judgment without validation from those who established the treaty parameters; otherwise, it would be a disrespect for the agreement between the two nations (the United States and Panama). 'What is the point of having a treaty if it is not going to be applied in its literal tenor by the authorities? This is unacceptable and affects the image of the Republic,' he sentenced. Extradition did not include money laundering, according to the defense. The extradition request presented by Panama does not include money laundering charges, so trying Ricardo Martinelli for a different crime would violate the principle of specialty. Furthermore, no formal approval has been received from the United States to remove the existing specialty. The former president also referred to the matter, stating that two cases have been fabricated and invented against him to politically disqualify him and keep him out of the country. He expects the Supreme Court of Justice of Panama (CSJ) to do him justice, as lower instances have denied it, distorting the protection to which he is entitled and to which the authorities agreed upon his extradition. The principle of specialty in favor of former President Ricardo Martinelli, contained in Article VIII of the Extradition Treaty between Panama and the United States (USA).
