The OAS and the Panama crisis - Organization of American States, Lawrence S. Eagleburger statement - transcript

US Department of State Bulletin, Nov, 1989

We respected the lateness of the hour on August 24 but will not remain silent. We will not permit Gen. Noriega's representatives to abuse the limitations our Constitution establishes to protect the rights of the accused. We cannot accept his characterization of our unwillingness illegally to reveal evidence in advance of trial as "proof" that the serious criminal charges against Gen. Noriega are frivolous or manufactured.

But neither will we fall into the trap that perhaps the representative of Panama was seeking to lay for us. We will not compromise our ability to prosecute Gen. Noriega by violating the rights that he--like every other criminal defendant--is guaranteed under our legal system. Nor need we do so to produce the "proof" that the Panamanian representative so diligently sought.

In addition, we will respond to allegations by Gen. Noriega's representative that the United States is reneging on our solemn commitment to faithful implementation of the Panama Canal Treaties and that we are intervening in the internal affairs of Panama.

Today I will lay out the facts on those issues as well and allow you to judge: Who threatens the canal treaties? The United States or Gen. Noriega? Who is engaged in intervention in the internal affairs of other countries, and who is depriving the Panamanian people of their right of self-determination? The United States or Panama? Who is responsible for destabilizing the Panamanian military and Panamanian society? The United States or Gen. Noriega? Let us review the record.

The Indictment Process

On February 4, 1988, Gen. Noriega and 15 other defendants--including Pablo Escobar, the Ochoa brothers, and other members of the infamous Medellin drug cartel--were indicted by a Federal grand jury in Miami, Florida, on multiple counts of narcotics trafficking and related offenses. Gen. Noriega and Panamanian businessman Enrique Pretelt were simultaneously indicted by a Federal grand jury in Tampa, Florida, on conspiracy to import an enormous quantity of marijuana and on related charges.

Let me begin by outlining the meaning and seriousness of an indictment under U.S. law.

The criminal process is initiated when a Federal investigative agency, for example the Drug Enforcement Administration (DEA), believes it has evidence of violations of U.S. law. This evidence may be based upon an investigation involving witnesses, physical evidence, bank records, etc. The agents present this information to the office of the U.S. Attorney in their region. A prosecutor reviews this information to determine whether there is sufficient evidence that a crime--or crimes--has been committed to bring the case before a "grand jury".

A grand jury is composed of from 16 to 23 ordinary U.S. citizens selected at random. The grand jury operates under the supervision of a Federal judge. The grand jury has the duty to review the evidence submitted by the U.S. prosecutors. It has the authority to issue a "subpoena" directing a person to give testimony or to produce evidence in his possession. And it can also issue subpoenas to obtain bank records and other corporate documents.