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]