July 21, 2000--The Committee to
Protect Journalists (CPJ) has written to Panama President Mireya Moscoso
to express concern about the lack of progress in the reform of Panama's
"gag laws." Although Moscoso has stated publicly that such laws have
"no possible justification" in Panamanian society, the laws remain
on the books and have been used in two recent cases in which Panamanian
journalists were sentenced to prison for allegedly defaming public
officials.
For
full details, read CPJ's letter to Panama's President Moscoso.
The two cases--involving journalists Jean Marcel Chéry, of
the Panama City-based daily El Panamá América,
and Carlos Singares, editor of El Siglo-- "highlight the urgency
of abolishing these unjust statutes without delay," CPJ executive
director Ann Cooper wrote to Moscoso.
The gag laws include a range of articles, laws, and decree--many promulgated
under Panamanian military government--that not only criminalize criticism
of public officials, but also permit prior censorship.
180-Day Deadline Has Passed
Panamanian journalists, CPJ, and others in the international press-freedom
community were heartened when Moscoso approved a new law that eliminated
some of the more onerous gag-law provisions. Legislation which she
signed on December 20, 1999, required the Ministry of Government and
Justice to submit a bill within 180 days that was expected to bring
Panama's press laws fully in line with international standards. The
Ministry has failed to do this.
In her letter to Moscoso, Cooper points out that on May 25, a Legislative
Assembly committee approved a draft bill "that actually strengthens
certain aspects of existing criminal-defamation law." After vocal
protests from the Panamanian press, the bill was withdrawn on June
28, but it is now expected to reach the Assembly floor in September.
"CPJ hopes the legislative committee will consult with a wide range
of journalists and press-freedom advocates before submitting the revised
bill for parliamentary debate," Cooper wrote. The letter also offered
CPJ's services, "should the committee care to receive an opinion on
how best to bring Panama's existing press laws into compliance with
international law."
Summary Power To Jail Anyone Who Offends
Singares, one of the two journalists recently sentenced to jail, was
charged with "defamation and disrespect" under Panama's Judicial Code,
which grants the attorney general summary power to jail anyone who
offends him for up to eight days. Persons charged under this statute
are not allowed to defend themselves.
While CPJ believes that journalists are responsible for what they
publish, we think that civil libel law offers adequate remedies to
people who think they have been defamed. No journalist should ever
be jailed for what he or she writes. CPJ also believes that democracy
suffers whenever public officials are entitled to more legal protection
than ordinary citizens.
Read about the Declaration
of Buenos Aires, in which CPJ and other press-freedom advocates
call for the abolition of criminal-defamation statutes throughout
the Americas.
Click
here to read more about press freedom conditions in PANAMA
END