National Assembly: The future of community peace justices: Should they be separated from municipal jurisdictions? – Exclusive content

Panama/The judicial or decentralized state institutions are the institutions under its command Community House for Policing and Justice These are the options on the table in the community peace justice reform debate.

Since its launch Law No. 16 of June 17, 2016After the establishment of the Community Justice of Peace in Panama, the complaints did not stop. The main goal was to remove the House of Peace from the municipal jurisdiction.

Dissatisfaction came from the city government, the judges themselves, and the citizens. The former claimed that they did not have the resources to uphold justice in the House of Peace.

For their part, the magistrates appealed for protection from the municipal jurisdiction, arguing that they were not considered and did not have basic elements such as stationery and printers. In addition, citizens still did not know which cases the justices of the peace handled.

In 2021 alone, there are 473 Peace Houses active in 679 townships. However, the number of justices in the country’s Peace Houses is expected to increase with the creation of new townships and the election of 701 representatives in the May 5 elections. Meanwhile, there are currently eight mediation centers.

Over the past decade, the legislature has made a series of amendments to Law 16, but no significant progress has been made so far.

In 2022, the then government minister, Janana Tewani Menkomopresented a proposal to the General Assembly to radically change the regulations. At the time, the ministry considered it unfeasible for Peace House to Peace House. Judiciary.

You can read: Cabinet authorizes community peace justice project

One of the main changes proposed, agreed at the time with all the relevant authorities, was the application of new requirements for community judges and secretaries. In addition, the powers of judges and mayors were modified and the structure of the regional technical committees was changed so that they only deal with complaints of a moral nature.

The jurisdiction of the magistrates was also limited to hearing cases concerning the payment of maintenance, etc. in municipalities without family courts. Similarly, the obligation to have one community mediator in each peace house was replaced by a minimum of three mediators in each municipality, thus reducing the municipal budget for appointing such personnel.

However, the city government remains responsible for any disciplinary violations by judges.

The magistrate who succeeded the magistrate had accumulated a large number of complaints against these regulations. At least that’s what he said. Nessa Perez OsorioThe Chitré regional magistrate cited a series of flaws in the law during the legislative plenary session, particularly its budgetary nature, the lack of instruments and the need not to make appointments for political reasons.

We are trying to see how we can improve it so we can provide better care and effective justice. The current law does not give us the tools to do our job,” he said.

They also complained that citizens approached the House of Peace for help but the problems were not under their control.Law No. 16 states that the Justice of the Peace is the body responsible for preventing and sanctioning acts and behaviors that undermine peace and peaceful coexistence in the township.

Even the inspectors, Eduardo LeBlancbut also suggests that the law needs reform.”We believe that we must give more power to the Justices of the Peace, to analyse who will be their boss, who will give them the budget. They cannot be at the mercy of politics. I believe community justice of the peace is the foundation of peace in our country and it can be in the hands of the governor.”, he once said publicly.

proposal

At least three proposals were introduced in the legislative plenary session of the parliament, each seeking different changes to the above provisions. Jorge Herrera Transfer all power from the Community House to Judiciary.

A candidate nominated by Deputy Yarelis Rodríguez Intends to repeal Law No. 16 And determines National decentralized institutions Become an implementer of social justice. AND A community justice council must be established to ensure resource management and project oversight to promote community justice.

“Community judges can request directly from AND the budget necessary for the operation of their offices,” the proposal reads. In addition, it contemplates “the construction of community prison centers for the detention, rehabilitation and shelter of offenders who violate community laws, people at social risk and drug addicts, with the aim of their rehabilitation and reintegration into society.”

The initiative of MP Jhonathan Vega from the independent group Vamos does not seek to change the jurisdiction of magistrates, but pursues other goals, such as improving the training of magistrates, implementing monitoring and evaluation mechanisms, and ensuring effective access and better coordination among relevant institutions.

What does the current minister say?

The current government minister also supports the idea of ​​reforming Law No. 16, Dinosca Montalvohe has expressed his commitment to changing the above rules.

Via: Government minister eager to improve administration and peace justice in Sinaproc

Montalvo said he had reviewed the proposal put forward by the previous administration, but it did not fill the gaps in the needs of citizens, who are most affected by the lack of response from the system.

He explained TVN News They are evaluating how to certify mediators because they cannot be just anyone but have to manage a culture of peace. But before settling on changes in regulations, the minister said they will focus on the regional technical committees.

To be precise, during the Covid-19 pandemic, the District Technical Committee (Honourable), which was responsible for conducting preliminary research on the profile of Justices of the Peace to recommend candidates and determine their qualifications, and also had to receive complaints from citizens who were affected by illegal acts, moral, ethical or judicial lapses of the magistrates, was completely disbanded. For example, the National Capital District Technical Committee was completely disbanded.

See the three proposed laws here: