Editora Panama America S.A. (Epasa) requested that the Inter-American Commission for human rights (CIDH in Spanish) issue an injunction against the Panamanian State for its alleged attempts to limit freedom of expression in the country.
The request, which was underwritten by Epasa's legal representative, Ricardo Chanis, detailed the real threats of closure faced by its newspapers. It also denounced how the politicized use of justice in the country makes it virtually impossible for anyone to protect their legal rights in the national courts.
The company has been the subject of proceedings by the Electoral Tribunal, and it has been investigated by the Panamanian revenue service (DGI), amongst other things.
In its note to the IHRC, Epasa argued that the above constituted evidence of the multiple attempts made by the government of Juan Carlos Varela to bring about the closure of the publisher, which has been critical of his administration.
The injunction against the Panamanian State has the purpose of protecting Epasa from constant government threats, thereby allowing it to freely report on “authoritarian and anti-democratic” government measures such as the failed policy of price controls.
In the note addressed to the associate executive secretary of the IHRC, Elizabeth Abi-Mershed, the president of Grupo Epasa explained that the injunction request had not been presented in a Panamanian court due to the lack of independence of the country’s judiciary from the executive arm, under the administration of President Juan Carlos Varela.
Given the circumstances, Epasa explained, the company had no option but to resort to the Commission of the Organization of American States (OEA) "so as to make public the state of siege under which it operated".
Amongst the many proceedings that the company faces, one stands out: it was a ruling by the country's Electoral Tribunal (TE) against newspapers Panama America and Critica for allegedly publishing comments on the results of a poll highlighting the increasing unpopularity of President Juan Carlos Varela. The company is appealing the ruling; should it lose, it would be liable for a fine between $5000 and $25,000.
The request for an injunction was initially submitted in June this year. Upon the request of the ICHR, further details were provided supporting the company's case.
The injunction note also detailed other acts of political persecution, carried out via the national revenue service, aimed at companies that provided services to Epasa, or that simply happened to be part of the same business group.
