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4.    THE ELECTORAL TRIBUNAL



                             Who shouldered the awesome responsibility of presiding over an event of such
                     far-reaching national significance as the first presidential election in 16 years? What
                     were  their  backgrounds,  their  experience,  their  objectivity,  their  ideological
                     commitment to the democratic principles they were called upon to protect and defend?


                            A.    2 + 0  =  3

                             Following Royo’s hasty departure from the Herons Palace in July 1982,
                     Paredes, at that time still Commander in Chief of the National Guard, “instructed”
                     freshly sworn in President de la Espriella to make certain changes in the civil service,
                     ostensible to foster the process of national democratization.

                             The instructions publicly given de la Espriella –through a radio and
                     television network– included the reorganization of the Electoral Tribunal. At that
                     time, an agitated and perspiring Paredes also ordered –with the infamous dictatorial
                     “right away” – all newspapers closed for one week. Actually, what he ordered was
                     the closing of La Prensa, for the ERSA papers and La Estrella de Panamá did not
                     represent any problems for him.

                             The Electoral Tribunal was indeed reorganized but the changes it underwent
                     did  not  alter  its  essence,  which  was  –and  continues  to  be–  total  and  complete
                     submission to the wishes of the Defense Forces General Staff.

                             The  National  Constitution  stipulates  that  the  three  justices  sitting  in  the
                     Electoral  Tribunal  are  to  be  appointed  by  the  Executive,  Legislative  and  Judicial
                     powers of government, respectively. De la Espriella offered to appoint his justice on
                     the advice of the opposition parties and invited them to suggest names. Unfortunately,
                     the different opposition parties could not reach an agreement. Faced with this, César
                     Quintero,  who  did  appear  in  the  list  of  names  drawn  up  by  the  opposition,  was
                     appointed at the government’s request and charged with amending the Constitution.

                             Quintero replaced the late justice Luis Carlos Noriega, a brother of General
                     Noriega, who at that very time was biding his time and making ready to pounce on
                     Rubén Darío Paredes. In addition to his obvious connection to the Defense Forces and
                     the  partiality  that  it  entailed,  Justice  Noriega’s  image  had  been  greatly  damaged  a
                     month and half earlier by the disclosure that he had a four-million-dollar bank account
                     even though, ostensibly, he was nothing more than a modest mid-level civil servant.
                     Moreover,  Justice  Noriega  had  presided  over  the  Electoral  Tribunal  during  the
                     scandalous and fraudulent registration of the Panameñista Party. In other words, his
                     presence  did  not  tend  to  ensure  the  Tribunal’s  impartiality,  and  the  news  of  his
                     departure was well received by the community.
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