Panama’s Ban on Incumbent Ricardo Martinelli’s Reelection Explained
Ricardo Martinelli (right) and running mate Jose Raul Mulino (left), who will continue alone on the ballot in place of Martinelli. Photo by Martin Bernetti via The Tico Times.
The Panamanian Electoral Court has banned former president Ricardo Martinelli from running in the upcoming election on May 5. This decision comes after Martinelli has been accused of various acts of corruption since 2018, including spying on private communications, accepting bribes, and money laundering. The case involving money laundering allegations led Martinelli to be sentenced to ten years in prison, and the Panama constitution bars anyone sentenced to five or more years in prison from serving as president.
Martinelli first served as president from 2009 to 2014. During this time, Panama’s economy grew to be the richest in Latin America with the most rapid income convergence. Unemployment rates were low as well. Despite running what appeared to be a competent government, beginning in 2012, President Martinelli ordered the National Security Council to spy on the communications of journalists, union leaders, and representatives of civil society organizations. He was arrested for this in 2015, extradited from Miami, and tried in 2018. However, the First Oral Judicial Circuit Court of Panama overturned the charges, and he was not convicted.
On July 18, 2023, the case known as “New Business” was introduced. This alleged that Martinelli used public funds to buy a majority stake in a media conglomerate. During this time, Martinelli was in the midst of a re-election campaign. When the case was first introduced, Marinelli’s lawyer, Carlos Carrillo, remarked in a news conference that Martinelli’s candidacy remained popular and he was the favorite to win the election. This is because the case could still be challenged and his campaign would be allowed to continue during the appeals process. Martinelli repeatedly denied any wrongdoing and said that the conviction was motivated by political interests. Despite this, he was found guilty and sentenced to a 128-month prison sentence. This decision has been upheld following a challenge from Martinelli. Panama’s Constitution prevents anyone sentenced to five or more years in prison from running for President, rendering Martinelli ineligible for reelection. As of February 2024, Martinelli insisted he would still run for president, but it is unclear how he plans to sidestep the Constitution in order to do this.
Martinelli’s running mate, Jose Raul Mulino, will continue alone on the ballot for the Realizing Goals Party. Martinelli has stated that he would be happy to pass his votes to Mulino should he not be able to find a way to appeal the court’s ruling and run for election. Mulino currently leads the polls with 26% of voters saying they would vote for him (the next candidate only has 10.8% of voter support.) Other candidates include Martin Torrijos of the People’s Party (former president from 2004-2009), Jose Gabriel Carrizo of the Democratic Revolutionary Party (current vice president), Romulo Roux of the Democratic Change Party, and Independent candidates Zulay Rodriguez and Ricardo Lombana.
The action of Panama’s courts to uphold the verdict sentencing Martinelli to more than five years in prison, thereby affirming Martinelli’s ban from running for election, marks a significant step in the country’s fight against corruption. International pressure for Panama to increase transparency and to double down on prosecution of corruption may have contributed to the court’s decision. These include measures for Panama to increase financial transparency in their economy that is highly reliant on international trade as well as the U.S. banning corrupt Panamanian officials from entering the country. Nonetheless, banning Martinelli from running for president shows an increase in prosecution of corruption after charges against him were dropped after he was tried for spying on private communications in 2018.
The nearing election will prove to be an important one for Panama. With nine out of every ten citizens thinking the country is on the wrong path and 86% of citizens disapproving of the current administration, an election would be the first step to potentially altering the country’s direction. Many Panamanians were willing to ignore Martinelli’s corruption during his time in office because of the successful economy, stating “robo pero hizo,” (he stole, but he also did something). The actions taken by the court show a potentially changing attitude as the country cracks down on corruption. The upcoming election is a perfect time for the citizens to uphold this new image by taking the steps to elect a new government.