July 1, 2008
Reprinted from Miami Herald

The Panamanian Supreme Court Monday night reversed 183 criminal pardons issued by former President Mireya Moscoso -- among them accused Cuban-American anti-Castro terrorist Luis Posada Carriles, who had been accused of plotting to kill Fidel Castro in Panama.

As she wrapped up her presidency in summer 2004, Moscoso signed three executive orders that pardoned 183 people. Among them were up to 60 journalists accused of a variety of charges and three Cuban exiles arrested in 2000 for allegedly planning to plant a bomb at an event at which Castro was scheduled to speak.

Panama's former prosecutor and ombudsman sued, declaring the pardons illegal, Panamanian newspapers reported.

Posada -- a longtime fugitive who was on the lam dodging charges that he was behind an airline bombing in the 1970s -- was acquitted of more serious charges in Panama and was serving time in a Panama facility when Moscoso suddenly pardoned him.

The accused terrorist quickly showed up in Miami and later faced immigration charges in the United States for entering the country illegally. He beat those charges as well, and is free, living in Miami.

It's unclear what effect the Panamanian court's decision will have on his freedom here. Venezuela and Cuba have both sought extradition for him, and U.S. courts have refused to hand him over on the grounds that he could be tortured.

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July 1, 2008
Reprinted from Prensa Latina

Panama, Jul 1 (Prensa Latina) The Panamanian Supreme Court declared unconstitutional the pardon issued by former President Mireya Moscoso to Luis Posada Carriles and three other Cuban terrorists in 2004.

The ruling, announced Monday night, was unanimously approved by judges who considered irregular the decrees by which Moscoso released those dangerous criminals.

According to reports, with this declaration of the Court, those processes that resulted from the ex president's pardon must go back to their original state.

On August 26, 2004 the release of Posada Carriles and his accomplices prompted a wave of protests in the country and indignation worldwide.

Cuba broke off diplomatic relations with Panama that day, accusing Moscoso of complicity and protection of terrorism, holding her responsible for the new crimes those murderers could commit in the future.

Posada Carriles was arrested in this capital on November 2000 during the 10th Ibero American Summit when planning to kill Cuban President Fidel Castro with powerful explosives during an event at Panama University.

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July 1, 2008
Reprinted from Associated Press

PANAMA CITY, Panama: Panama's Supreme Court said Tuesday it has overturned presidential pardons for 180 people ? including four men Cuba claims tried to kill Fidel Castro.

Former President Mireya Moscoso granted the pardons in August 2004, just before leaving office. Cuba immediately severed diplomatic relations, though it later restored ties with new President Martin Torrijos.

The exiles include Luis Posada Carriles, a former CIA operative accused by Cuba of leading a plot to kill Castro, then Cuba's president, at a summit meeting here in November 2000.

Posada has long been Cuba's most-wanted man. Venezuela and Cuba accuse him of masterminding the bombing of an airliner that killed 73 people. Cuba claims he also organized a series of explosions at Cuban hotels. Posada has denied the allegations.

Panamanian courts ruled there was not enough evidence to try the men on charges of attempted murder, but but sentenced them to seven- and eight-year sentences for endangering public safety.

Pardoned along with Posada were Gaspar Jimenez, Guillermo Novo and Pedro Remon.

The defendants maintained they were in Panama to help a Cuban general who supposedly had planned to seek political asylum.

Posada eventually returned to the United States and was detained on charges of immigration fraud because he was accused of making false statements as part of his bid to become a naturalized U.S. citizen.

U.S. prosecutors are appealing a federal judge's dismissal of the charge.

Moscoso's pardons also covered 87 journalists who had faced charges of defamation or libel dating as far back as 1990.

The Supreme Court ruled late Monday that the pardons were unconstitutional and that its decision would be retroactive, leaving open the possibility that many of those formerly cleared could return to jail.

Posada's attorney in Panama, Rogelio Cruz, said he believes Panama may request his client's extradition from the U.S.

"Given the good relations between President Torrijos and the Cuban government, I have no doubt that Panama will ask for the four anti-Castro militants to be extradited from the U.S.," he said.

Panama's Foreign Ministry would not comment on whether it planned to request Posada's extradition, but Attorney General Ana Matilde Gomez praised the ruling as a "vindication of the constitution," and said her office would begin studying each case.

 

Panamá anula indulto a Posada Carriles

Declaran inconstitucionales indultos de ex presidenta Moscoso