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Avnery: Cry, beloved country

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Cry, Beloved Country

by Uri Avnery — Gush Shalom

Anyone proposing the death penalty is either a complete fool, an incorrigible cynic or mentally disturbed — or all of these.

There is no effective therapy for any of these defects. I wouldn’t even try.

A fool would not understand the overwhelming evidence for the conclusion. For a cynic, advocacy of the death penalty is a proven votecatcher. A mentally disturbed person derives pleasure from the very thought of an execution. I am not addressing any of these, but ordinary citizens of Israel.

Let me start by repeating the story of my own personal experience.

In 1936, the Arab population of Palestine launched a violent uprising. The Nazi persecution in Germany drove many Jews to Palestine (including my own family), and the local Arabs saw their country slipping away from under their feet. They started to react violently. They called it the Great Rebellion, the British talked of “disturbances” and we called it “the events.”

Groups of young Arabs attacked Jewish and British vehicles on the roads. When caught, some of them were sent by the British courts to the gallows. When the Arab attacks did not stop, some right-wing Zionists started a campaign of “retaliation” and shot at Arab vehicles.

One of these was caught by the British. His name was Shlomo Ben-Yosef, a 25-year-old illegal immigrant from Poland, a member of the right-wing youth organization Betar. He threw a grenade at an Arab bus, which failed to explode, and fired some shots that hit nobody. But the British saw an opportunity to prove their impartiality.

Ben-Yosef was sentenced to death. The Jewish population was shocked. Even those who were totally opposed to “retaliation” pleaded for clemency, rabbis prayed. Slowly the day of the execution drew near. Many expected a reprieve at the last moment. It did not come.

The hanging of Ben-Yosef on June 29, 1938 sent a powerful shockwave through the Jewish public. It caused a profound change in my own life. I decided to fill his place. I joined the Irgun, the most extreme armed underground organization. I was just 15 years old.

I repeat this story because the lesson is so important. An oppressive regime, especially a foreign one, always thinks that executing “terrorists” will frighten others away from joining the rebels.

This idea stems from the arrogance of the rulers, who think of their subjects as inferior human beings. The real result is always the opposite: the executed rebel becomes a national hero, for every rebel executed, dozens of others join the fight. The execution breeds hatred, the hatred leads to more violence. If the family is also punished, the flames of hatred rise even higher.

Simple logic. But logic is beyond the reach of the rulers.

Just a thought: some 2000 years ago, a simple carpenter was executed in Palestine by crucifixion. Look at the results.

In every army, there are a number of sadists posing as patriots.

In my army days, I once wrote that in every squad there is at least one sadist and one moral soldier. The others are neither. They are influenced by either of them, depends on which of the two has the stronger character.

Last week something horrible happened. Since the announcement of the American Clown-In-Chief about Jerusalem, there have been daily demonstrations in the West Bank and the Gaza Strip. The Palestinians in the Gaza Strip approach the separation fence and throw stones at the soldiers on the Israeli side. The soldiers are instructed to shoot. Every day Palestinians are wounded, every few days Palestinians are killed.

One of the demonstrators was Ibrahim Abu-Thuraya, a 29-year-old legless Arab fisherman. Both of his legs were amputated nine years ago, after he was injured in an Israeli air-strike on Gaza.

He was pushed in his wheelchair over the rough terrain towards the fence when an army sharpshooter took aim and killed him. He was unarmed, just “inciting.”

The killer was not an ordinary soldier, who may have shot without aiming in the melee. He was a professional, a sharpshooter, used to identify his victim, take careful aim and hit the exact spot.

I try to think about what went on in the shooter’s brain before shooting. The victim was close. There was absolutely no way not to see the wheelchair. Ibrahim posed absolutely no threat to the shooter or to anyone else.

(A cruel Israeli joke was born immediately: the sharpshooters were ordered to hit the lower parts of the bodies of the demonstrators. Since Ibrahim had no lower parts, the soldier had no choice but shoot him in the head.)

This was a criminal act, pure and simple. An abhorrent war crime. So, did the army — yes, my army! — arrest him? Not at all. Every day, a new excuse was found, each more ridiculous than the other. The shooter’s name was kept secret.

My God, what is happening to this country? What is the occupation doing to us?

Ibrahim, of course, became overnight a Palestinian national hero. His death will spur other Palestinians to join the fight.

Are there no rays of light? Yes there are. Though not many.

A few days after the murder of Ibrahim Abu-Thuraya, an almost comic scene was immortalized.

In the Palestinian village Nabi Saleh in the occupied West Bank, two fully armed Israeli soldiers are standing. One is an officer, the other a sergeant. A group of three or four Arab girls, about 15 or 16 years old, approach them. They shout at the soldiers and make abusive gestures. The soldiers pretend not to notice them.

One girl, Ahd Tamimi, approaches a soldier and hits him. The soldier, much taller than her, does not react.

The girl comes even closer and hits the face of the soldier. He defends his face with his arms. Another girl records the scene with her smartphone.

And then the incredible happens: both soldiers walk backwards and leave the scene. (Later it appears that the cousin of one of the girls was shot in the head a few days earlier.)

The army was shocked by the fact that the two soldiers did not shoot the girl. It promised an investigation. The girl and her mother were detained that night. The soldiers are in for a rebuke.

For me, the two soldiers are real heroes. Sadly, they are the exceptions.

Every human being has the right to be proud of his or her country. To my mind, it’s a basic human right as well as a basic human need.

But how can one be proud of a country that is trading in human bodies?

In Islam, it is very important to bury the dead as soon as possible. Knowing this, the Israeli government is withholding the bodies of dozens of “terrorists,” to be used as trading chips for the return of Jewish bodies held by the other side.

Logical? Sure. Abhorrent? Yes.

This is not the Israel I helped to found and fought for. My Israel would return the bodies to the fathers and mothers. Even if it means giving up some trading chips. Isn’t losing a son punishment enough?

What has become of our common human decency?

 

Uri Avnery, a member of the Gush Shalom Israeli peace bloc, is an Israeli combat veteran who was wounded in the war of independence and is a former member of the Knesset.

 

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Libertad Ciudadana / TI: Why no US sanctions on Martinelli?

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them
…no sanctions against the accomplices either…. Martinelli regime photo.

No Magnitsky sanctions passed against Martinelli;
anti-corruption investigations must continue

by Libertad Ciudandana / Transparency International

While welcoming the inclusion of individuals and entities suspected of corrupt practices, Transparency International and its national chapter in Panama, Fundación para el Desarrollo de la Libertad Ciudadana (also known as Transparency International Panama), are disappointed that Ricardo Alberto Martinelli Berrocal, former president of Panama, has not been named in the first list of designees under the Global Magnitsky Human Rights Accountability Act announced by the US Government on December 21.

Designees include 15 individuals and more than 30 companies. Individuals sanctioned for suspected involvement in corruption include Gulnara Karimova of Uzbekistan, former president Yahya Jammeh of Gambia, and Israeli mining magnate Dan Gertler.

The US and Panamanian authorities should continue investigating Martinelli for his alleged involvement in corrupt deals.

Transparency International had called for Martinelli’s assets to be frozen and his U.S. visa or other relevant permit revoked under the Global Magnitsky Act in September 2017, along with other human rights and anti-corruption NGOs that each submitted case files on individuals and entities from various countries.

On 31 August 2017, a court in Florida approved a request to extradite Martinelli to Panama. This is awaiting approval from the US State Department. A new arrest warrant has been issued against him by judges in Panama as recently as 12 December 2017.

“With this decision, the United States has missed a further opportunity to send a clear signal that no corrupt leader can act with impunity and hold on to their ill-gotten gains,” said Delia Ferreira Rubio, chair of Transparency International.

“It is not appropriate that Martinelli, who is facing extradition to Panama for not appearing in criminal court, is able to enjoy his assets in the US,” said Olga de Obaldía, Executive Director of Transparency International Panama. “Nonetheless, Panama’s Supreme Court must press on and finalize other corruption charges to be added to the extradition request to the United States. Cases should be brought in a rigorous and timely manner.”

Background information

Over 200 investigations have been opened into allegedly corrupt deals that occurred during Ricardo Alberto Martinelli Berrocal’s term as president from 2009 to 2014. The former president himself is the subject of eight Supreme Court investigations, for charges including bribery, misappropriation of public funds, and abuse of power, among others. Among other schemes, Martinelli and his associates are accused of manipulating the allocation of resources to Panama’s largest social welfare scheme, the National Aid Program, through rigged tenders and use of shell companies. In addition, a US federal judge identified Martinelli as one of several alleged co­‐conspirators in a bribery scheme that helped a subsidiary of the German software producer SAP sell software to Panama in exchange for bribes.

The Global Magnitsky Human Rights Accountability Act is the most comprehensive human rights and anti-corruption sanctions tool in US history. Passed with bipartisan support and signed into law in December 2016, the law is named after whistle-blower Sergei Magnitsky, who was imprisoned by Russian authorities and died in custody in 2009. Under the act, the US government may sanction foreign individuals and entities found to have committed gross violations of human rights, or to have engaged in significant acts of corruption, by subjecting designees to asset freezes and visa restrictions. The law expands upon the 2012 Magnitsky Act, which applied only to Russian individuals and entities.

 

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Editorials: Whiching day; and Varela’s Odebrecht problem

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WHAT? Only a goat to sacrifice?

A whiching solstice

While neo-pagans gathered at Stonehenge and elsewhere and those who practice a variety of faiths are celebrating their different traditions this time of the year, this year’s solstice was a noteworthy political decision day around the world.

In the United Nations, there was a lopsided vote in the face of Donald Trump’s crude threats to condemn US recognition of Jerusalem as Israel’s capital. Actually, moving embassies to the Holy City would not be an intrinsically bad idea — but it is with some 380,000 of its citizens being deprived of rights and dispossessed. Jerusalem should be one, under a special legal status that protects the rights of all equally, and the capital of both Israel and an independent Palestine. Panama abstained, in keeping with the traditional neutrality that defends the canal by not giving anybody reason to attack it or us. Only a few of the most squalid and dependent regimes voted with the United States and Israel.

In Catalonia, the vote turnout was high a pro-independence majority was returned to office after Mariano Rajoy had dissolved the previous one and imprisoned many of its previous leaders and driven others into exile. The minority government in Madrid lost even with its adversaries campaigning from behind bars or from abroad. But the pro-independence forces fell short of a majority the popular vote, outpolling those who supported Rajoy’s crackdown but with leftists who would put off the Catalan independence question in between the pro and anti separation forces. More negotiations are indicated, but Rajoy’s departure from a political scene in which his only real base of support is among heads of state in an ailing European Union suggests that he should not be at the table. Really, the whole problem is not merely a matter of Catalan grievances. It’s Spain’s failure, in particular the scandalous nature of most of its political caste. The solution to Catalonia’s crisis is in Madrid, not by Spain reasserting its authority but by Spain getting its act together.

In Peru, President Pedro Pablo Kuczynski staved off impeachment. He probably was bribed by Odebrecht but the quid pro quo was neither proven nor even investigated in the rushed and ugly proceedings. Peru avoided a return of the Fujimori family to power and put off a rash of decisions about what to do about Odebrecht for other times and other tribunals. It was not the victory for corruption that the corrupt hope that it was. There will come a day of reckoning.

Here in Panama on December 21, President Varela’s nominations to the high court, which range from dubious to clearly awful, were also put off for a later day of decision. Will the president’s people be coming around with gifts to buy the votes that he doesn’t have for these appointments? In keeping with our history, so many infamous things are done over the holidays on the supposition that nobody will notice. But we do.

 

Varela’s Odebrecht problem won’t go away

Marcelo Odebrecht has walked out of a Brazilian prison into house arrest, Juan Manuel Santos has been tagged but probably won’t see many consequences anytime soon because his most strident foes are also tainted, and now Pedro Pablo Kuczynski has beaten the impeachment rap in Peru. So does that allow Panamanian President Juan Carlos Varela to breathe easier?

No matter what deals he makes, no matter how he might be able to pack the Supreme Court and kick an annoying prosecutor upstairs, Varela and his party are not off the hook. Four credible witnesses and several paper trails say that his party took millions from the Brazilian construction conglomerate, after which that thuggish company got no-bid or rigged-bid public works contracts from the Varela administration. The Panameñistas are going to be removed, most probably by the voters in the 2019 election.

The question is by whom and what. Let’s not hear “they’re just as bad or worse…” or “I’ll give you…” or “my family…” or any more of that. Panama has been robbed and only Panamanians can bring justice to bear. And we should.

 

Bear in mind…
 

Dearly beloved, avenge not yourselves, but rather give place unto wrath: for it is written, Vengeance is mine; I will repay, saith the Lord.
Therefore if thine enemy hunger, feed him; if he thirst, give him drink: for in so doing thou shalt heap coals of fire on his head.
Romans 12:19-20

 

If you can’t say anything good about someone, sit right here by me.
Alice Roosevelt Longworth

 

There is nothing like returning to a place that remains unchanged to find the ways in which you yourself have altered.
Nelson Mandela

 

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Peru’s president avoids Odebrecht ouster

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Leftist leader Verónika Mendoza, the deputy who came in third in the first round of the 2016 elections then threw her support to PPK to stop Keiko Fujimori, again intervened to stop the former dictator’s daughter. Photo from her Facebook page.

The old dictatorship’s long shadow dims outrage over the Odebrecht scandal in Peru

by Eric Jackson

In Lima on December 21, after rushed procedures and a 10-hour debate, 79 of 130 deputies in the Peruvian Congress voted to convict and oust President Pedro Pablo Kuczynski (PPK, as he is commonly known) for lies about money his companies received from the criminal Brazilian construction conglomerate Odebrecht. PPK is a billionaire businessman who served in the cabinets of two previous governments. The investment banker’s troubles stem from when he served as minister of economy and finance and later as president of the council of ministers in the Alejandro Toledo administration between 2001 and 2006. Toledo is a fugitive, wanted on charges of taking bribes from Odebrecht. It turns out that during the Toledo administration one of PPK’s companies, Westfield Capital Ltd, was paid just under $5 million for consulting work by Odebrecht. PPK says that he had separated himself from his companies’ management (but not ownership) while serving in public offices and did not know of the Odebrecht contracts. Later he admitted that he did know. Both Odebrecht and PPK say that the payment was for legitimate work done and not a bribe.

Polls suggest that just more than half of Peruvians think that PPK should be removed from office, and more than two-thirds believe that the Odebrecht investigations should continue no matter who is implicated in whatever way. One problem in dealing with Odebrecht is a policy, described by former CEO Marcelo Odebrecht (who just left prison for house arrest in Brazil), of going into a country and bribing all significant players so as to avoid controversies, or bribing nobody, in order to secure large public works contracts. In the state of Florida, for example, Odebrecht received lucrative public works contracts and made payments to both the foundation of Republican Jeb Bush and the political action committee of Miami Democratic party boss Xavier Suarez. In Peru, Odebrecht money sloshed across most of the political spectrum, including at least one campaign of the leftist former mayor of Lima, Susana Villarán.

As disturbing as the Odebrecht scandals are to most Peruvians, more disturbing to many is the shadow of Alberto Fujimori, who dissolved the Congress, dismissed the courts, spied on political adversaries and many other citizens and set loose the Grupo Colina death squads across the land. Yes, the Shining Path guerrillas whom Fujimori suppressed were notoriously brutal and the rival Marxist MRTA rebels were also an armed threat. US-backed non-governmental ronda campesina militias were also involved in the violence. Nearly 70,000 people lost their lives in the conflict, at least one-third of them at the hands of government forces. In the course of the fighting Fujimori’s right-hand man, Vladimiro Montesinos, took advantage to gain control of the drug business in areas conquered from the rebels and to run extortion scams on the side. Montesinos has been in a military prison since the mid-90s and faces trials in dozens of cases beyond those for which he has been convicted. Fujimori fled to Japan but later returned and has been imprisoned since 2007, serving a life sentence and facing several new trials.

Whether or not to free Alberto Fujimori — or any of the other people serving long prison sentences for the atrocities they committed during the conflict — is the hottest button to touch in Peruvian politics. Essentially the Fujimori family runs the Fuerza Popular party, and in her first run for president the ex-dictator’s daughter Keiko Fujimori said that she would free her father. But in the 2016 race she promised not to do so. This set off a rumble within Fuerza Popular, with Keiko’s younger brother Kenji Fujimori making a bid for party leadership and promising that if he has anything to do with it his father will walk out of prison. In the middle of PPK’s impeachment proceedings, an apparent draft recommendation to release the former president to house arrest for purported medical reasons was made public and helped to inflame the debate.

Keiko Fujimori essentially controls the Congress, with loyalist Luis Galarreta as speaker. Kenji Fujimori is also a Fuerza Popular deputy, with his own faction. His big sister has engineered a ban on him speaking in the Congress, but he still has a vote.

The 10-hour trial and the procedures leading up to it were farcical enough to garner withering criticism from Peruvians of many descriptions, including journalists and human rights activists who don’t particularly like PPK. During the trial and debate one deputy lashed out at PPK with xenophobic epithets for supposedly humiliating Peru in front of a Chilean. Other deputies — including the daughter of former president Alan García — had their cell phones out to take photos or videos or just to tell the president’s lawyer that they weren’t paying attention to what he was saying. Meanwhile in USA, PPK’s old Wall Street friends were conducting a media defense of him, most prominently via a widely republished if barely coherent editorial in The Washington Post. In the Peruvian Congress, the president only had a caucus of 18 loyalists.

However, days before the vote leftist deputy and former presidential candidate Verónika Mendoza, who has recently formed a breakaway party with 10 deputies after yet another leftist faction fight, denounced the impeachment move as a “cynical maneuver” by Keiko Fujimori to take over the government. She added that if PPK “can’t clear up the allegations involving himself, he should resign.”

PPK threw in all the chips and pulled out a wild card. It was announced that were he removed, his two vice presidents would resign and go with him. That would leave Keiko’s man Luis Galarreta as president, with uncharted waters about a special election and the rules of any such process.

Kenji Fujimori is anything but a PPK man, but allowing Galarreta, who suspended his speaking rights in Congress, to become president was a bit much for him. As was giving his big sister the upper hand in the battle to control the party. He announced that he would not vote for impeachment. He and nine other members of his party faction abstained on the motion to remove PPK and now the speculation is about whether his sister will engineer a party purge.

Several of the other parties in the Congress also split among those for whom a corrupt president and the specter of a return to something like the dictatorship of old were considered the greater or lessor horrors.

Late that night, the vote came down 79 in favor, 19 against and 21 abstentions. But Keiko needed 87 votes for the required super-majority that would have put her man in the presidency. PPK stays. For now.

 

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16 civic groups object to high court nominations

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high court

On the nominations to the Supreme Court of Justice

by 16 civic organizations

After total secrecy and lack of transparency, the Cabinet Council approved the designations of Zuleyka Moore and Ana Lucrecia Tovar de Zarak as new magistrates of the Supreme Court of Justice.

The designation was made without civic consultation, disregarding the agreements in the State Pact for Justice and the campaign promises of the current administration, and moreover ignoring the recommendations emanating from international bodies that promote magistrate selection processes with greater citizen participation.

The subject to consider is neither the professional qualifications nor the ethics of the persons proposed, because the thing that concerns us goes above all of those criteria. It deals with key concepts like conflict of interest, the guarantee of judicial independence and the separation of governmental powers.

A legal professional may meet all of the academic, professional and ethical requisites, but questions about lack of independence, or the existence of political ties, or whatever other questions that place in doubt her credibility or independence from other governmental powers, are keys to determining the convenience or lack thereof of her nomination to the highest body of justice. In the case of Ana Lucrecia Tovar de Zarak, the wife of the current vice minister of economy and an activist in President Varela’s campaign, those political ties that would affect the already deteriorated image of the administration of justice are clear.

The crisis of credibility in the Panamanian administration of justice is not only focused on the courts but also in the Public Ministry, which makes the nomination of the prosecutor in charge of the most important and complex cases as a magistrate of the Court does not help in the administration of justice and on the contrary generates more doubt than confidence.

We have learned that the nominations for the alternate magistrates go to persons who also have ties to the Cabinet Council, which to all appearances looks not like a search to strengthen the courts but to control the Supreme Court of Justice.

In this way the crisis in which the credibility of the administration of justice in Panama is submerged is deepened, along with the deterioration of democratic institutions in this country, at the moment when the country prepares to bring to trial a considerable number of persons from the former administration and moreover should investigate the current administration for the complaints that have been made about having received money from Odebrecht for its electoral campaign.

It is urgent for all sectors to unite and start out along the road toward a Constitutional Convention which, among other reforms to our government, seeks the total depoliticization of the selection of magistrates, attorneys general and other important officials, so as guarantee the separation of government powers.

Alianza Ciudadana Pro Justicia
Asamblea de Acción Ciudadana
Afro Panameña Soy
Asociación de Residentes de Coco del Mar y Viña del Mar
Central General Autónoma de Trabajadoras de Panamá (CGTP)
Centro de Incidencia Ambiental (CIAM)
Centro de Estudios y Capacitación Familiar
Centro de Estudios y Acción Social Panameño (CEASPA)
Comité de América Latina y el Caribe para la defensa de los Derechos de Mujeres
Fundación para el Desarrollo de Libertad Ciudadana / Transparencia Internacional
Espacio Encuentro de Mujeres
Frente por la Defensa de la Democaracia
Mesa de Análisis de Leyes y Políticas Públicas de Descapacidad
Movimiento Democrático Popular
Red Nacional de Apoyo a la Niñez y Adolescencia de Panamá
Servicio Paz y Justicia

 

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Confrontation day in Honduras — incumbent declared winner, OAS rejects that

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the fascist pigs

Honduras: incumbent declared the winner, OAS rejects that and calls for a new election

See the OAS election analysis by Georgetown professor Irfan Nooruddin

 the freedom fighters

The OAS General Secretariat on the Elections in Honduras

December 17, 2017

The Secretary General of the Organization of American States (OAS), Luis Almagro, calls for peace and coexistence in Honduras, while endorsing the denunciations and conclusions of the Electoral Observation Mission of the Organization (EOM/OAS) in Honduras, made public today.

The work of this Mission to ensure the best electoral conditions and to make democracy sustainable in Honduras has been commendable.

Its observations, based on technical knowledge and the accumulated experience of observation of elections in the hemisphere, have presented solutions to the most serious problems and irregularities that this electoral process has posed.

The proposed solutions are based on the responsibility and commitment that we must always have with the instruments of the Inter-American system.

Democracy is built on the certainty of genuine respect for the expression of the popular will in the Rule of Law.

That is why, having received the preliminary report of the Electoral Observation Mission in Honduras, as well as the report on compliance with the stages recommended for the verification process, the OAS General Secretariat cannot give assurance regarding the outcome of the elections held on November 26.

As previously reported by the EOM, the electoral process was characterized by irregularities and deficiencies, with very low technical quality and lacking integrity.

Deliberate human intrusions in the computer system, intentional elimination of digital traces, the impossibility of knowing the number of opportunities in which the system was violated, pouches of votes open or lacking votes, the extreme statistical improbability with respect to participation levels within the same department, recently printed ballots and additional irregularities, added to the narrow difference of votes between the two most voted candidates, make it impossible to determine with the necessary certainty the winner.

The Honduran people deserve an electoral exercise that provides democratic quality and guarantees. The electoral cycle that the TSE concluded today clearly has not met those standards.

For the aforementioned reasons, and given the impossibility of determining a winner, the only possible way for the victor to be the people of Honduras is a new call for general elections, within the framework of the strictest respect for the rule of law, with the guarantees of a TSE that enjoys the technical capacity and confidence of both the citizens and political parties.

The peace and harmony of the Honduran people is the main objective. And respecting the democratic values of citizens is the proper way to preserve society from death and violence.

The OAS General Secretariat makes an explicit and unequivocal call to all parties to avoid violence.

The channels of political dialogue must be rebuilt without tension or sectarianism.

It is the permanent vocation of the OAS General Secretariat to accompany Honduras on this path. That is why I have decided to designate as Special Representatives former Presidents Jorge Quiroga and Alvaro Colom to carry out the necessary work for a new electoral process and national democratic reconciliation in Honduras.

I ask all parties to support the work of the former Presidents. I am convinced that it is the only way for Hondurans to live in democratic peace and move forward in the path of shared prosperity.

There is no more important task for this General Secretariat than promoting, protecting and ensuring the rights of the people of the Americas.

This is the same consistent and impartial path that the General Secretariat is carrying out throughout the hemisphere and that must be what guides our efforts in Honduras.

As we have pointed out, in all the countries of the hemisphere, democracy can be improved, and in this context, cooperation among member countries and the General Secretariat is the main tool that the legal instruments of the Inter-American System set forth to strengthen their effective use in the hemisphere.

The OAS has not made efforts to declare a winner of either Juan Orlando Hernandez (as has been said) or Salvador Nasralla; but has respected the right to suffrage and the right to choose of the Honduran people who are the only losers in a day like today.

There are no conditions to affirm that the winner is one or the other, and this shows that this process has been affected by marked irregularities and deficiencies, by the violence of one side or the other before, during and after the election.

The denunciations made are particularly serious, they make it impossible to grant any certainty to the result of this electoral process.

The Honduran people do not deserve irresponsible attitudes or pronouncements, they deserve the maximum guarantees.

 

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What Republicans are saying

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What Republicans are saying

 

 

 

 

 

 

 

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What Democrats are saying

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Tim Keller, the new mayor of Albuquerque, New Mexico: “As your mayor, I’m dedicated to making the City of Albuquerque a safe, innovative and inclusive community. This includes returning to community policing, focusing on behavioral health and substance abuse issues, and hiring more front-line police officers and first responders.”

What Democrats are saying

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Varela makes his high court nominations

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Labor unions, the left, environmentalists and Panama’s indigenous nations will by and large dislike this Supreme Court appointment. But the attorney who filed the fraudulent environmental impact statement for the Barro Blanco Dam was quick to voice his support.

Varela’s high court nominations leave too little time to investigate

by Eric Jackson

It’s a political game unrestricted by any established customs or norms of legislative diligence. Presidents, with only narrow requirements about whom they may appoint to the Supreme Court, choose the people they want and only rarely is it so outrageous that the nominees do not get approved. To reinforce that, one habit that has become well nigh customary is that nominations to replace magistrates whose terms end with the year get made in December and considered in special legislative sessions wedged in among the holidays. Investigations? Forget about any that get into much depth. Debate? It’s usually a matter of who has or does not have the vote, with lowbrow “gotcha” objections and little or no discussion about the crisis in Panama’s legal system.

And so it seems now. President Juan Carlos Varela appointed his two hoped-for replacements for the last two Martín Torrijos appointees on the high court, Jerónimo Mejía of the criminal bench AND Oydén Ortega of the civil bench. Varela wants anti-corruption prosecutor Zuleika Moore Gouldbourne and corporate lawyer Ana Lucrecia Tovar de Zarak, respectively, for these posts. Moore is something of a public figure and to most Panamanians’ knowledge Tovar is not, and in each case that may be a problem.

Moore has been handling many high-profile corruption cases — and in many cases losing them. Most notoriously, judges have shut down her investigation of the Odebrecht scandals. Whether one wants to believe it a matter of corrupted courts, incompetent prosecutors or laws designed to encourage public corruption (or a combination of these things, as it probably is), even were the National Assembly inclined to establish the truth of the matter they are not given the time to do so.

Moore has worked as a prosecutor since 1992. A graduate of the law school at Panama’s Catholic university, USMA, she was a juvenile prosecutor for Guna Yala and Colon, then rose to be chief prosecutor in Colon before being named anti-corruption prosecutor.

Dionicio Rodríguez, the president of Panama’s largest bar association, the Colegio Nacional de Abogados, told Ricardo Martinelli’s newspaper, El Panama America, that he and the colegio’s board oppose Moore’s nomination. The specific reason Rodríguez gives is that she has apparently lost her most important case ever, the Odebrecht investigation. For their part, Martinelli supporters object to Moore as the conductor of a terrible witch hunt. Anti-corruption cynics consider that kicking Moore upstairs is a convenient way to end the Odebrecht probe, especially now that President Varela and his party have been named by multiple witnesses and documentary evidence as having taken money from the notorious Brazilian corporation. (Moore has not investigated Varela, as that would be under the jurisdiction of the National Assembly rather than the Public Ministry’s prosecutors.)

Tovar de Zarak is a partner in the Panama office of the Washington-based multinational offshore corporate law firm The Dentons. For them, she specializes in structuring deals for energy corporations. She is also an USMA graduate, with a master’s in banking and securities law from American University in Washington. In Martinelli times, from 2012 to 2014, she was president of the board of directors of the Securities Markets Superintendency (SMV). This was the time of the Financial Pacific and Martinelli insider trading scandals — to name only the two most notorious of several scandals under that organization’s supposed watch — and it was a time when one of their senior employees, securities analyst Vernon Ramos, was disappeared while investigating Martinelli’s insider trades in share of the parent company of the now abandoned Petaquilla gold mine. This reporter could find no published record of any expression of concern about the disappearance and probable murder of this top SMV employee by the nominee. Later, after having campaigned for Varela in 2014, Tovar was appointed to the board of the Banking Superintendency, while her husband, Ivan Zarak Arias, became vice minister of economy and finance. He quit the day before her nomination to the high court, and this is being turned into something of an issue by opponents from both the PRD and Cambio Democratico.

Family ties may, however, save Tovar from one of the more recent political splits here. The Independent Movement (MOVIN), backed by the Motta family, has fallen out with President Varela. But Tovar’s parents both worked in senior positions with Motta businesses and MOVIN leaders have praised this appointment to the high court. Tovar’s networking in the corporate world is deep. She’s an Aspen Fellow, a member of the Aspen Institute’s Central America Leadership Initiative and a member of the Aspen Global Leadership Network. Before working for The Dentons she worked for Citibank and the Fabrega Molino Mulino corporate law firm. As a grad student she was an intern with the OAS and more recently she has been a business dispute arbitrator with the World Bank.

From the legal profession the most salient criticism of Tovar’s appointment is that she lacks litigation experience.

From the world of politics the left dislikes the corporate paradigm for which she stands, the PRD tends to object to her for not being one of them and the Martinelistas look at her as a species of traitor for campaigning for Varela. From civil society activists who aren’t aligned with any of these factions, there is a suspicion that Tovar is a partisan appointee who will respond to Panameñista suggestions or manipulations.

The divisions as to Moore and Tovar promise to be different, but in neither case can it be automatically presumed that the same constellation of forces that have given Varela favorable majorities in the National Assembly will remain intact. But against those possible sets of divisions, there have always been legislators willing to vote for whatever person a president nominates for the high court, barring some terribly negative fact that goes way beyond allegiance to another party.

Tovar
So far the main objection that CD and the PRD are posing to Ana Lucrecia Tovar de Zarak is that she and her husband campaigned for Varela.

 

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