FBIS3-21743 "jptdd010__l94048"
JPRS-TDD-94-010L Document Type:JPRS Document Title:Narcotics 7 March 1994
LATIN AMERICA PANAMA

Drug Trafficking, Money Laundering Key Topics in Endara's State of Nation Address

PA0103190794 Panama City Radio and Television Networks in Spanish 1642 GMT 1 Mar 94 PA0103190794 Panama City Radio and Television Networks Language: Spanish Article Type:BFN [State of the Nation Address by Panamanian President Guillermo Endara at the Legislative Palace in Panama City--live] [Excerpts] Your Excellencies Arturo Vallarino, president of the Legislative Assembly; Dr. Arturo Hoyos, president of the Supreme Court of Justice; Vice President Guillermo Ford Boyd; Mr. Ministers and Deputy Ministers; Mr. Comptroller General and Deputy Comptroller General; Reverend Oscar Brown, auxiliary bishop of Panama; honorable Attorney General and Solicitor General; honorable Supreme Court of Justice Magistrates; honorable Electoral Tribunal Magistrates; Governors; Mayors of Panama City and San Miguelito Districts; directors, managers, deputy directors, and assistant managers of decentralized agencies; special guests; members of the local and foreign media; ladies and gentlemen: This is the ninth and last time I will appear before you to fulfill my constitutional obligation of addressing you at the beginning of each legislative period to deliver a message on administrative matters. The next time I come to this arena, in six months, I will be doing it to deliver the presidential sash to the president the people will freely elect in May. At that time, the Legislative Assembly will comprise citizens who enjoy the approval of the majority of their voters. Because of this, the legislative period that begins today provides the current Legislative Assembly with a final opportunity to discuss the important bills it still has to discuss. Whatever is not done within the next four months will be left as unconcluded work by the representatives who were elected in 1989. [passage omitted] Today I want to stress a bill that is on your legislative agenda. This bill is inspired by the legal duties that officials charged with enforcing and interpreting the law fulfill on a daily basis. In addition, various social sectors directly affected by related crimes have made recommendations. With this bill, an attempt is being made to amend Law 23 of 1986 and some provisions of the penal code. All of this is being made to make more effective the struggle against the scourge of drug abuse and narcotics trafficking. This topic is very important. It is, unfortunately, a very current issue. During the last legislative period, you ratified the Vienna Convention on drugs and money laundering. This was another important step to establish, once more, Panama's commitment in the international struggle against these evils. The 1988 Vienna Convention--the name used to identify the convention against the illegal trafficking of drugs and psychotropic substances approved by the United Nations--is one aspect of our country's commitment within international cooperation. To this we must add the agreements signed with the United States of America, the United Kingdom and Northern Ireland, Colombia, and all the Central American republics to collaborate in the eradication of the illegal trafficking of drugs and psychotropic substances to prevent the shipment of chemicals and basic substances and, in general, to provide legal assistance in connection with drug trafficking and other crimes. Currently, we are extending this network of international agreements on this same matter through negotiations that have gotten under way with Canada, Mexico, and the Russian Federation. On this occasion, we have to make further progress with the approval of new internal regulations against drug trafficking and money laundering. For several years, we have discussed a possible review of existing legislation on this topic. The Legislative Assembly's Drug Commission began this process in 1991. The Attorney General's Office presented a bill during the previous legislative period. If changes proposed to existing laws are approved, we will have comprehensive guidelines to modernize and consolidate the legal basis needed for this struggle. We cannot deny this reality: Panama is threatened by drug trafficking, drug abuse, and money laundering. We are not the only ones to suffer the dangers and consequences of these evils, but we cannot find consolation in this fact. The Panamanian people have repeatedly expressed their concern over the fact that drugs could be undermining the foundations of our society. The Panamanian Government also has expressed this same concern several times at various international forums. The health and welfare of a generation of young Panamanians is at stake. The future of this nation rests on the shoulders of these Panamanians. In addition, we are witnessing, with great surprise, a new wave of murder, kidnapping, and other crimes that are characterized by a special kind of cruelty and savagery. Without a doubt, these crimes are directly linked to this imported scourge. Legitimate economic and financial activities in our country are overshadowed by money-laundering activities. Drug traffickers act against our sovereignty when they make a mockery of our borders and economic institutions and try to buy people and influence with their dirty money. My words are not exaggerated one bit. Quite the contrary, I am understating the situation. This is a sad and dangerous reality, and we cannot allow this to happen. The people demand that you--men and women who have been elected to serve society--take action on this matter. Mothers in Santiago, Bocas del Toro, and Penonome; teachers in Chitre and David; honest bankers in Panama City; policemen in Colon, Darien, and Los Santos--all of them demand action against this evil of our times and demand the approval of the necessary tools to fight it. These legal instruments will not by themselves solve the problem completely. They must be enforced by able, devoted, honest, and well-paid officials. Ample economic resources are also required. Nevertheless, strict and effective legislation is essential to avert an unfair fight. The country is in the middle of an important election campaign. The new legislation that you deputies are to debate does not entail political purposes. This legislation has not originated in any political party and favors no special interests. Quite the contrary, it benefits all Panamanians. Our fellow citizens demand and deserve the approval of this legislation. I wish to refer briefly to some of the items that may be good to introduce into legislation extant. These items are included in the recommendations presented by the Attorney General's Office and supported by various sectors of society. In the first place, to investigate these crimes it is necessary for our legislation to include canons on two settings that it currently does not envisage: the undercover agent and controlled deliveries. Both are necessary to be able to infiltrate international mafia bands and to destroy them with overwhelming evidence obtained from within the criminal organizations themselves. Next, it is necessary to apply stiffer measures, other than preventive detention, on those found guilty of drug trafficking or related crimes. We cannot deceive ourselves. We must admit that this business moves plenty of dirty money. This money starts to move as soon as a drug trafficker is apprehended and sent to prison. He starts to make his tempting moves immediately, determined to buy any weak consciences available to him or which succumb to his dishonest approaches. For this reason, it is necessary that only magistrates may lift preliminary measures, such as preventive detention. The magistrates will be made fully responsible for their actions. Third, we must admit that profits can be made in this business, not only in cash, but in other assets, negotiable certificates, securities, or goods. All of these can be laundered and, in turn, must be confiscated. Fourth, it is necessary to revise the structure of the agency that conducts investigations on drug trafficking cases. Presently, the Drug Secretariat through a single office investigates all drug- and money-laundering related crimes. The accumulation of files and the bottleneck are evident. It is necessary to decentralize functions to make the punishment of criminals more expeditious and effective. Also, the situation of drug addicts has not been overlooked in the project. We must offer alternatives for their rehabilitation and, later, for their rejoining of society. To this effect, we have been planning that all of these goods, instruments, or valuables that have been seized in these cases be turned over to the National Commission for the Study and Prevention of Drug-Related Crimes. This commission would then assign them to the government or nongovernmental institutions that form part of it, or will put them up for public bidding in order to create a common fund for campaigns and programs for the prevention, rehabilitation, and repression of these crimes. Last, I want to specifically point out a new measure in our penal code. Not only is it new, but in addition it is needed immediately. I am referring to the new measure that will establish penalties for using money or any illegal financial resources coming from drug trafficking to finance political campaigns. This measure, which would be new in terms of legislation of this kind, would be designed to alert us against the temptation of willingly ruining the exercise of free democracy. Such links would be shameful and denigrating. Let it be clearly understood by narcotics traffickers that in times of democracy their shameful money is never welcome, and much less welcome in Panamanian political campaigns. Let the drug barons know that in Panama there is a definite political determination that rejects their activities and their money. [passage omitted]