The Attorney General and former deputy chief of the Council of National Security, Kenya Porcell, made official yesterday an investigation that a year ago had been ordered by President Juan Carlos Varela aimed to discredit Editora Panama America S.A. (Epasa), with the excuse of the alleged commission of an offence against the economic order (money laundering) through its purchase.
In an attempt to save face and not become exposed, Porcell claimed that the investigation began on February 10, 2017, following the denunciation of the Panameñista legislator Jorge Iván Arrocha who, supported by the Security Council in charge of Rolando López, mentioned a series of companies that he argues, contributed money for the acquisition of Epasa from the Arias family for which transaction one of the main banks involved is Banco General of which the Humbert family is a strong shareholder.
The official said that her investigation is not aimed against the work of any communication media or editorial line and that on the contrary, the public prosecutor's office respects the right to freedom of information, so the activities developed by Panama America, Crítica and Día a Día will not be affected in any way.
However, the prosecuting authorities are asserting that money from the State was identified, through funds from the extension of the Arraiján - La Chorrera highway that were allegedly used to buy these media. Such public work had been granted through a tender for best value by the company of the Ochy brothers, Constructora Urbana.
"The economic transfer of the moneys was performed in two days, using seven local and five foreign banks of U.S., Swiss and Chinese jurisdiction", Porcell said.
During the press conference, Porcell sentenced Epasa with no hearing or trial for alleged crimes being first carried out.
Porcell said that the investigation process will not affect the operation of the Epasa group and that the public prosecutor's office respects the right to freedom of speech.
The official also said that there is no search warrant nor any other measures that may limit, affect or harm the exercise and operation of the Panamanian press.
In that sense, former vice-president Arturo Vallarino said that "Prosecutor Porcell is violating the principle of presumption of innocence in the Epasa case".
"She can only investigate, the judges are who actually decide”, he added.
Access to the file being handled by Porcell was denied to the attorneys from 1 to 30 June and no explanation was ever given for this.
Attorney Gilberto Cruz, lawyer of Epasa workers, referred to the complaint of lawyer Jaime Abad as a very deplorable and unfortunate action that has caused serious repercussions against the freedom of speech.
Cruz warned that the “mortars” seeking to silence Epasa have not appeared just today, but there is a number of processes in progress aimed at a very clear objective.
Therefore some actions before the Inter-American Court of Human Rights (IACHR) have been taken such as precautionary measure #496 2016, presented due to the attacks that have been happening.
"We are in the midst of a situation where, definitely and clearly, the logical deduction is that they are seeking to silence the freedom of speech and harm these 300 workers’ families of the Epasa group", he said.
Professor and candidate for the Dean of the Faculty of Social Communication of the University of Panama (UP) Leopoldo Bermudez warned that the freedom of speech cannot be restricted in any way.
Therefore, he recommended the authorities of the Public Ministry (MP) that before any investigation is even started, the freedom of speech is the fundamental factor, so they cannot close the media and leave hundreds of employees with no job without a justified cause that is fully proven, in this case, for money laundering.
