Because he was protected by the principle of specialty, the former president could not and cannot be prosecuted, detained or punished for a crime or crimes other than those for which extradition was granted. When US authorities handed Martinelli over to their Panamanian counterparts, they did so under the aforementioned principle, as stated in a note from the Embassy of Panama in the USA dated June 8, 2018. The principle of specialty in favor of former President Ricardo Martinelli, contained in Article VIII of the Extradition Treaty between Panama and the USA of 1904, remains in force, as confirmed by a recent certification from Panama's Ministry of Foreign Affairs (MINREX). Jurists point out that the judge must respect the powers of the Ministry of Foreign Affairs. According to them, this principle must be respected by Judge Baloisa Marquínez in the Odebrecht case, as she cannot override the powers of the Ministry in her ruling. This is unacceptable and damages the image of the Republic, they stated. The extradition request did not include money laundering, according to the defense. Lawyer Carlos Carrillo Gomilla presented a note from MINREX dated July 11, 2024, which details that the entity did not receive any request to lift the principle of specialty for Martinelli in the Odebrecht and New Business cases. The Ministry reiterated that it is the only competent channel to process exceptions to the principle of specialty, reinforcing the defense's argument. Carrillo explained that the confusion stems from the fact that after Martinelli was acquitted in the Wiretapping case, former Attorney General Kenia Porcell interpreted his departure from the country as grounds for losing the protection. However, this protection is only lost if the former president voluntarily waived it, traveled to the USA, or if the judge who granted it withdrew it—situations that have not occurred. The former president also stated that two cases have been fabricated against him to politically disqualify him and keep him out of the country. "What is the point of having a treaty if it is not going to be applied to its literal meaning by the authorities?" Furthermore, no formal approval has been received from the United States to waive the existing specialty.
