Panama's Supreme Court on Friday rejected a constitutional challenge to the candidacy of prominent presidential candidate Jose Raúl Mulino, resolving a source of uncertainty just two days before the May 5 election.
The court announced in a press release that it ruled that the second resolution of Plenary Agreement 11-1 dated March 4, 2024, is constitutional by a majority of 8 out of 9 votes. The agreement was issued by Panama's electoral court and ordered Mulino to be included as a candidate on the electoral vote. Under the resolution, the Electoral Tribunal would disqualify former President Ricardo Martinelli, who was convicted of money laundering, from running as a presidential candidate, and would automatically allow his vice-presidential candidate, Mulino, to become the presidential candidate in his place. Decided.
The lawsuit primarily focuses on the fact that Mulino's presidential candidacy was not accompanied by a running mate, and that election rules provided for automatic succession from Mulino to Martinelli, as internal elections had not been held. The fact that the conditions were not followed is at issue.
In this regard, the Court's judgment states that the Election Tribunal erred in issuing the challenged plenary agreement. The court found that the tribunal violated the right to free suffrage by preventing party members from internally selecting their electoral representatives, which led to the failure to select a slate of candidates, including the vice president. . For the court, this amounted to “an unwarranted interference by the electoral tribunal with the voting rights and autonomy of these organizations for political purposes.” However, since this was a “difficult case”, invalidating the promulgated law would do more harm by completely nullifying their opportunity to participate in the country's elections. , was not appropriate. The court therefore decided to declare the resolution in question constitutional, thereby confirming Mulino's eligibility for candidacy.
At a press conference, the Chief Justice, along with other justices, explained how the court reached its decision.
We have moved this Constitutional Court at this historical moment to protect our homeland and democracy. So are institutionalism, social peace, the right to choose and be chosen, and political pluralism. Let us never forget the important role that political parties play in strengthening democracy. And what we consider most important is the sovereign will of the Panamanian people.
Although the issuance of the judgment dispelled uncertainty regarding Mulino's candidacy two days before the country's elections, the court's ruling has come under criticism in recent hours due to questions regarding the legality and legal basis of the ruling. There is. timeliness of its publication.
