2. What do you think will be the biggest challenges facing you as an ICC judge?

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1 QUESTIONNAIRE Name: Graciela J. Dixon C. Nationality: Panamanian Nomination State: Panama List: A X or B Background: 1. Why do you want to be a judge at the ICC? The existence of the ICC is the result of over a century of struggle, more importantly are the results obtained with the constitution of the United Nations in 1948, whom with ups and downs, contributed making possible to put in to effect the Rome Statutes on July, 1 of The ICC is as of today, the first and only legitimate permanent international judicial organism to process cases related to genocide, crimes of lese humanity and of war, under circumstances that their perpetrators have not yet been judged by their national courts to where they belong or where ever such crime has been committed. The honor bestowed upon me by the Panamanian government to allow me to aspire to become a Judge at the ICC, represents one of the highest distinction a jurist can pretend after verifying that I comply with the requirements established by the ICC. It gives me the opportunity to endeavor and continue to be engaged with life as I have done since a young student and as a professional, I have distinguished my self to be a human rights defender, impelling to respect and value human rights and dignity regardless of race, creed, religion, age, sex or social conditions especially of group of persons who are traditionally exposed of been socially excluded, striving in that sense to improve their quality of life. Also to pursue so justice will prevail in the midst of a pacific coexistence in a state of law at the highest level. This is an opportunity to commit in representation of my country and Panamanian people, to contribute with the international effort at first hand to persecute and punish the authors of such acts which attempts against the preservation of peace and social coexistence which implies the preservation of the human nature environment. 2. What do you think will be the biggest challenges facing you as an ICC judge? The astonishing transformation the world has been exposed to in the most recent times, has caused an impact on societies, going way beyond the ambit of the internal juridical order of the States and their relations among them. It has been

2 precisely this new global context that has pushed International Penal Law to become a specialized international norm. This field requires more scientific,multidimensional and holistic, systematic and continuous studies that may allow promote adjustments to the regulations and institutions over which rests human rights guaranties of the first, second and third generation of all ambits, assuring their congruence with the sovereign state as the regional and international states. My performance as a Judge at the ICC, will not be limited exclusively to judge over matters pertaining the court, but also to strengthening the mechanisms to make verdicts be more effective and serve as example to members who are doubtful yet about participating as part of the Rome Treaty, also promoting for the worlds system to mature in regards to juridical protection through forums that can bring better understanding, where problems can be discussed with solutions and where we acquire commitments in order to prevent and diminish criminal conducts. Surely, the diverse juridical systems in force presently in each nation, will be a challenge to the administration of international penal law, nevertheless, that is consubstantial where as the mission of the ICC is concerned, while judging the causes that are of their competence, for this reason, I find in each case more than a challenge a valuable opportunity to apply and put into service my knowledge, experience and inquiry capacity of the causes for which the ICC is called to judge the persons accused for the commission of serious crimes against humanity and peace. 3. What do you believe are currently some of the major challenges facing the Court and what do you believe will be some of the major challenges in the coming years? Traditionally, international law has been defined as the law applicable to the relation among States. So then, one of the motives for the existence of the International Courts has been to solve controversies among States. How ever, during the past years, individuals have transformed to main elements of international law and they have recognized the competence of the international courts to judge them. Before Nuremberg, the sole responsibility for international crimes as piracy, was determined exclusively by national institutions who enforced their sovereign authority. Thereafter, it was considered that the State who had the custody over the transgressor were the ones who could judge him, regardless of their nationality or of their victims or of where the offense was committed, therefore, piracy began to be considered as an international crime. This concept, now known as universal jurisdiction has been applied more recently to the genocide crime and other war crimes as well as against humanity. The tendency towards the internationalization of the individual responsibility for certain crimes repudiated, shows a regrettable fact where the States, rarely make

3 the transgressors come fort to justice. As guardian of the international humanitarian law, the ICC supports the efforts set out to finish with the impunity of those crimes and be interested particularly for the creation international penal courts as well as their jurisprudence. At this stage, we require to fortify our ICC in many aspects in order to cause an effective impact on world society. It is necessary to insist on to those countries members who haven t ratified the Rome Statute as yet, to become formal members, also we need to augment the number of countries members, focusing specially on those with large populations, evaluate the realities of their internal and out doors context and the reasons why they haven t subscribed the Rome Treaty. It is imperative for the whole world to understand, that the struggle for a better world is a global yearning, to struggle for human rights and make those rights value in order to find acceptable standards when applying national penal justice. At the same time, we require to diminish the breach among the countries relating their social development and law in general, as well of the structure and consolidation of their system of justice. It s also necessary that the countries must be more transparent, procuring accessibility to the information in a direct manner, trustful and timely. With out a doubt, it has become a challenge to design and execute continuous educational programmes that may allow judges from around the world to see over yonder of their national problems, this shall make them to be capable to evaluate global criminal conduct, also the education should be extended to other members of justice system. Another aspect of cardinal importance is the strengthening of systems to access the judicial career, that is for judges as for the public prosecutors and public defenders with the understanding that our judicial system counts with capable human resources, that their performance may be evaluated and guarantee it s independence to act. There are many aspects that I could mention, but I ll conclude with those relevant to the system that makes the ICC operative, this goes over the function of jurisdictional practice, this makes reference to the organization and internal structure, in other words, how does the administrative part is governed, as to the economic and financial activity, it s norms and procedures that regulate the human resource, IT capacity so to be able to boost and reinforce the different data base.

4 List A o r B Criteria: While this question is relevant to either list A or list B candidates, we know that some candidates have competence that would quality for both lists. Candidates with competence in both criminal and international law should feel free to answer any questions in 4 a) or 4 b) to give the reader a more complete view of their background and experience. 4 a) For candidates on list A: - How would you describe your competence in criminal law and procedure? - How would you describe your experience as judge, prosecutor, counsel or in another similar capacity, in criminal proceedings? Even though, our nomination has been assigned to form part of the List A, that is for the candidates who comply with the requirements mentioned in part b)i) paragraph 3, where it asks about the recognized competence in law and penal procedures and necessary experience in penal cases as acting Judge at the Supreme Court, in my case I ll explain my competence and professional knowledge also in the area of the norms of human rights as continues: April Dec Postgraduate Degree in Human Rights. Law School of Santa María La Antigua University. Panama currently Has a Judge of the Plenary Council of the Supreme Court of the Republic of Panama. It is my duty to decide on legal actions initiated for the defense of constitutional rights, and Habeas Corpus and Habeas Data appeals made for the purpose of safeguarding fundamental guarantees and human rights. Additionally, also is my duty to hears cases involving legal actions and warnings over Constitutional breaches, the most representative mechanisms of Constitutional Tutoring International Consultant on human rights for CODEHUCA (Human Rights Coordination for Central America). In Political Participation and Promotion of Human Rights: November 2005 I was appointed by the Organization of American States and the United Nations as Observer of the installation of the Supreme Court of Ecuador.

5 October 1996 International Observer for the presidential elections in Nicaragua as Panamanian delegate to the WOMEN organization. December Legal Representative for the victims of United State of America invasion of Panama President and Founding Member of the Workers Revolutionary Party President of the Students Center at the Law and Political Sciences School of the University of Panama National Bar Association of Panama (CNA) - Member of the Human Rights Teaching Experience: Professor at the Law and Political Sciences School of the University of Panama, teaching Human Rights, Principles of Political Sciences, Social Security Law, and Social Law Interdisciplinary Workshop. Professor of Human Rights chair at the Latin American University of Science and Technology (ULACIT), Republic of Panama. Participation in National Seminars, Conferences and Congresses: 2003 National Forum on Freedom of Expression in Panama, Panama City. (Participant) 1998 Seminar, Expressions of the Principle of Due Process in Relation to Other Procedural Principles, organized by the Panama s Judicial School and sponsored by UNPD and the Spanish International Cooperation Agency Guest speaker at a round table on the subject The Ombudsman: A Reality in the Face of National Uncertainty, Postgraduate Course on Higher Education; University of Panama, Faculty of Public Administration Speaker on Study of National Legal Codes, at a seminar on Human Rights in Panama, organized by the Center for Social Training of Panama.

6 1993 Lecturer on Civil Procedure, Criminal Procedure and Human Rights, at a seminar organized by the Law and Political Sciences School of the University of Panama Speaker on the subject The Role of the Ombudsman In Criminal Proceedings Involving Sexual and Ethnic Discrimination. Conference organized by the Social Training Center of Panama Guest speaker at the First Workshop for Qualification and Training of Women and Aboriginal Peoples in relation to Criminal Justice, a seminar/workshop organized by the Center for Social Development. Subject: The Neoliberal Model and Its Application in Relation to the Economic, Social and Cultural Rights in Panama Lecturer on the subject Human Rights of Political Prisoners, at the IX National Sociology Congress organized by the Sociology School of the University of Panama Guest speaker at the VII National Sociology Congress organized by the Sociology School of the University of Panama. Subject: Alternatives to the Crisis: Democracy, Imperialism and National Reconstruction Speaker at a seminar on Political Theories, organized by the Confederation of Workers of the Republic of Panama. Subject: The Development of Democracy in Panama: Where is it Headed? Participation in International Seminars, Conferences and Congresses: Among others, the following are mentioned: 2006 Lucknow and Seventh International Conference of Chief Justices of New Delhi the World, organized by the World Unity and Peace Education Department of City Montessori School. Subject: Strengthening International Law to Guarantee the Conservation of the Environment for Future Generations Salta Guest speaker, on the subjects Freedom of Expression and the Right to Information and The Right of the Community to Truthful Information, at a seminar on Justice and the Communications Media.

7 1990 New York Gave conference on The invasion of Panama: Denouncing Human Rights Violations vis-à-vis International Law. Publications and Research: 2000 Study: The Contribution of West Indians to the Construction of the Panama Canal Comparative Study: The Application of International Law of Human Rights within the Panamanian Internal Law 1993 Monograph: Human Rights in Panama, a joint publication edited by the Center for Social Training (Centro de Capacitación Social) Monograph: The Neoliberal Model and the Legal Recognition of Economic, Social and Cultural Rights in Panama. Edited by the Center for Social Training Article: Perspective of Political Prisoners and Refugees of War Article: The Meaning of Amnesty for Political Prisoners. Published in the weekly news paper Ahora Article: Cry for Justice and Freedom, published in the magazine El Mundo Honors Awarded: 1997 Independent Attorneys Front (F.R.A.I) conferred on to me the Thelma King Award for National Dignity, in recognition to her outstanding social, professional and humanitarian work Human Rights Commission of the Legislative Assembly, For her active participation as a candidate to the position of Ombudsman Ministry of Education: Panama Indeed Has Worthy People, in recognition of her merits and virtues as an exemplary citizen. The competence and capacity in the knowledge and professional practice in penal law just as in the norms and procedures, it is known by my formation and legal capacity supported by my Bachellor Degree obtained at the Law and

8 Political Sciences Faculty at the University of Panama in 1978, as well by my law career practice as litigation Lawyer for over 19 years continuous with out interruptions, additional 10 years about to fulfill at the end of year 2007 as Judge of the Criminal Chamber of the Supreme Court of the Republic of Panama, highest Tribune in penal matters procedures where Extraordinary Appeals in Cassation and Examination, Objection Incidents in Extradition Matters, Excarcelation Bails, Prevention Measures as Substitution to Detention. As an Appeal Tribune, we know of sentences stated for homicides. Since the year 2006, I have been the acting President of the Criminal Chamber of the Supreme Court of the Republic of Panama. Where as international collaboration is concerned as well as the signature of Agreements and Treaties with other States based on reciprocity, I also have attended and known about rogatory letters about penal matters. Following, summary of my performance which states my knowledge and experience that supports my competence in Criminal Law and Procedure: currently Judge of the Plenary Council of the Supreme Court of the Republic of Panama. It is my duty to decide on legal actions initiated for the defense of constitutional rights, and Habeas Corpus and Habeas Data appeals made for the purpose of safeguarding fundamental guarantees and human rights. Additionally, I hears cases involving legal actions and warnings over Constitutional breaches, the most representative mechanisms of Constitutional Tutoring currently Chief Judge of the Criminal Chamber and the Extraordinary Appeal Court of the Supreme Court of the Republic of Panama currently Chief Judge of the General Affairs Chamber of the Supreme Court of Justice of the Republic of Panama. In the framework of international judicial cooperation and the observance of conventions and treaties signed with other countries, or based on the principle of reciprocity, she has jurisdiction to execute letters rogatory in criminal proceedings, and to enforce exequatur procedures in respect of civil and family matters currently Chief Justice of the Supreme Court of the Republic of Panama.

9 Attorney at law. Her practice includes 19 years as a litigation attorney, including criminal procedures, before her appointment as a Judge of the Supreme Court of Panama. Participation in National Seminars, Conferences and Congresses: 2007 Lecturer on Strengthening the Judicial Administration in Panama, at the Seminar on Judicial and Procedural Aspects in Civil and Criminal Cases, Latin American University of Science and Technology (ULACIT) Guest speaker on the subject The new challenges facing the administration of Justice in Panama, Third Panamanian Congress on Procedural Law, Colombian-Panamanian Institute of Procedural Law Second Panamanian Congress on Procedural Law, Colombo-Panamanian Institute of Procedural Law Speaker on Criminal Dogmatics as an Instrument of Defense, XIII Labor Conference on Public Defense in Panama Speaker on Preventive Detention and Cautionary Measures in Panamanian Legislation, First University Congress on Judicial Sciences of the Latin University (Universidad Latina) Seminar on Measures Restricting Rights, organized by the Judicial School and the Ongoing Judicial Training Project Seminar on Criminal Procedure Reform Processes, Judicial School Seminar Application, Interpretation and Efficiency of Criminal Law, organized by the Panama s Judicial School and sponsored by the United Nations Development Program (UNDP) and the Spanish International Cooperation Agency Seminar, Expressions of the Principle of Due Process in Relation to Other Procedural Principles, organized by the Panama s Judicial School and sponsored by UNPD and the Spanish International Cooperation Agency. Participation in International Seminars, Conferences and Congresses:

10 Among others, the following are mentioned: 2006 Cambridge, Guest speaker, Transnational Judicial Dialogue: Massachusetts Strengthening Networks and Mechanisms for Judicial Consultation and Cooperation, organized by American Society of International Law (ASIL) and Harvard Law School 2005 Santo Domingo, Guest speaker at the VI Meeting of Women Dominican Republic Magistrates of Latin America and the Caribbean, Topic: Preventing Revictimization in Criminal Justice Processes Involving Family Violence Santiago, Speaker at the international seminar Judges and the Chile Rule of Law Mexico Conference on The International Criminal Court Statute and its Implications for the Rule of Law in Latin American Countries, 2000 Santo Domingo, Speaker at the VI International Criminology Course, Dominican Republic Subjects: Preventive Detention and Cautionary Measures and Criminal Justice Policy for Children and Adolescents Guatemala Second International Seminar on the Administration of Justice and Aboriginal Peoples, 1998 Antigua, Seminar / Workshop on International Cooperation on Guatemala. the Fight Against Drug Trafficking and Organized Crime Publications and Research: 1999 Monograph: The Presumption of Innocence and the Application of Preventive Detention 1999 Monograph: The Rome Treaty for an International Criminal Court. In reference to the second part of the present question, I can describe my experience as Judge at the Supreme Court of Justice in my country, as a highly enriched, singular and unrepeatable experience, it has been a high distinction and a great honor that I have assured to carry out in hand a long with the National Constitution and the laws in my country, serving not only with my duty to pass judgments, but also attending the delicate task to Manage the Judicial

11 Organ as its President for a period of two years which will conclude on December, 31 of 2007, after transferring in a formal and solemn ceremony, the position I am at currently holding which will be passed on to the next President of the Supreme Court, yet to be elected. Nomination process 5. What are the qualifications required in your nominating State for appointment to the highest judicial offices? How do you meet these qualifications? This answer is given by Article 201 of the National Constitution of the Republic of Panama, which establishes the following requirements to become a Judge of the Supreme Court: of Justice: - To be a Panamanian by birth - To be 35 years of age - To be able to exert political and civilian rights. - Be a graduate of Law and have inscribed the university title at the Office that the Law establishes. - Have completed a period of ten years during which you should have practiced the profession regardless as a lawyer, occupying any position at the Judicial Organ or at the Election Tribune, all which require a University title in Law or have being a Professor of Law at any University Teaching Facility. If these requirements aren t fulfilled the postulation will not be admitted. Also Article 202, of the National Constitution of Panamá, establishes that who ever has been condemned because of fraudulent crimes by executed sentences given by a Court of Justice, will not be admitted to assume any position at the Judicial Organ. To meet the qualifications for the position, I must say, it is justified since I have complied with the Constitutional requirements above mentioned, and also, supported by my academical, professional; labour, ethical and moral background; demonstrated during my active participation in the political and social life of my country, in defense of human and civilian rights, respect and tolerance of others, and striving for a better social justice and State of Law. In addition, thanks to the transparency of acts in my private and public performance all which has been recognized and motivated to be distinguished with a plural amount of significant honors.

12 6. Article 36 of the Rome Statute provides for two possible nomination procedures. Please, describe in detail the procedure used in your nomination. The Government of the Republic of Panama, as a State Member, decided to present my candidacy to aspire to be a Judge at the ICC as part of the List A, based on the paragraph 3b (i) of Article 36 of the Rome Statute, which refers to recognize competence in Law and Penal Procedures and the necessary experience in Penal Causes, as a Judge. The procedure established for the proposal of candidates to a judicial highest position in my country is which the Panamanian government chose to nominate my candidacy to the ICC, according with Article 36, paragraph 4a(i). 7. Have you provided the statement required by article 36(4)(a) of the Rome Statute and by the nomination and election procedure adopted by the Assembly of the States Parties? If not, why not? Yes, the Panamanian Government provided the statement in due time, with a detail declaration accordingly to the Article 36, paragraph 4(a) of the Rome Statute and paragraph 6 of the Resolution of the Assembly of the States Parties. Legal System and Language Abilities: 8 a) Which legal system does your country belong to? Do you have knowledge or experience working in other legal systems? 8 b) What difficulties do you envision encountering working with judge from other legal systems? How would you resolve such difficulties? Panama belongs to the traditional juridical Roman Civil System, structured and conformed by formal sources led by the Political Constitution of the Republic of Panama, as its principal normative source. The Supreme Court of Justice has the obligation to guard the integrity of the Constitution. In consequence, it has the responsibility to decide about the constitutionality of all the Laws, Decrees, Ordinances and Resolutions presented to them as unconstitutional by any citizen, with the right to be heard by the Attorney General of the Nation. The instances that administer justice in Panama, are: the Supreme Court of Justice, the Superior Tribunes of Justice, the Circuit Judges, the Municipal Judges, the Tribune in charge of Minors, the Maritime Tribune, the Superior Tribune of Employment, the Sectional Judges of Employment and other Lessor Tribunes established within the Judicial Organ toward this end. Our legal system accepts jurisdiction from International Tribunes, with some reticence.

13 I have had the opportunity working with cases of other legal systems. Parting from recognizing other legal systems, of which the Judges of the ICC form part, some of the difficulties envisioned encountering working with judges from other legal systems could be aspects about the juridical tradition of each country, the use of concepts, terminologies, classifications, categories, reasoning methods, the diversity of legal sources and social culture. A probable solution would be applying a method focused on General Principles of Criminal Law, Legal Procedures and Guarantees, the application of Analogy, interpretation of Jurisprudence based upon the experience of other Regional and International Courts as the Roman Statute that could be applicable on each case. 9. a) What is your knowledge and fluency in English, if it is not your native language? Do you have experience working in this language? b) What is your knowledge and fluency in French, if it is not your native language? Do you have any experience working in this language? Spanish and English are my native languages. My English, came way back from my greathgrand parents, who passed it on, plus formal schooling I had received such from Elementary likewise at High School, I learned to read, write, think and speak in English, very early and very well. Due to my carrer, English Language became an important and indispensable tooi which made my daily working experience using English favorable. My French is considered just as well as my English, even though, it is not used as often as I do with the English language. 10. Please explain your qualification for this position. What aspects of your career, experience or expertise outside your professional competence do you consider especially relevant to the work of an ICC judge? Respectfully, I ll like to call to your attention to the fact that the first part of this question has been already answered in questions 1,4 and 5. However, the aspects of my career, experience or expertise outside my professional competence that I consider relevant to work as an ICC Judge, are those related to: 1. The Executive and Director Role in Management that I have performed in Organisms and Associations in National and International field. 2. Legal Advisor and Consultant. 3. The bond, contribution and exchange given a long the past years with different and diverse sectors in the national and international context. 4. Participant as speaker or assisted to a plural number of reunions, seminars, conferences, congresses in the national and international field. 5. Publications and Research. In the order of the aforementioned, are the following to list:

14 current Chief Justice of the Supreme Court of the Republic of Panama current President of the International Association of Women Judges (IAWJ), current President of the Latin American Federation of Judges (FLAM) Vice President and Member of the Board of Directors of the Inter-Oceanic Region Authority of Panama Legal Counsel of the Office of the Minister of Labor and Social Welfare of Panama Legal Counsel of the Center for Social Training, a Panamanian NGO Technical Advisor and Legal Counsel of the Women s Committee of the Legislative Assembly of Panama National Consultant to the United Nations Children s Fund (UNICEF) in the Technical Commission for the Implementation of the Family Code in the Republic of Panama International Consultant on human rights for CODEHUCA (Human Rights Coordination for Central America) current Member of the International Association of Judges (IAJ) current Member of the Latin American Forum of Women Judges (FMAL) Association of Friends of the Afro West Indian Museum of Panama. National Union of Women Attorneys of Panama (UNA). National Bar Association of Panama (CNA) - Member of the Human Rights Commission and Commission for the Defense of the Profession, Panamanian Association of Women Magistrates and Judges (AMAJUP). Panamanian Association of Magistrates and Judges (ASPAMAJ) Buenos Aires Guest speaker at the Ordinary General Assembly of the Latin American Federation of Judges(FLAM), with the subject Judicial Independence and Security 2006 Lucknow and Seventh International Conference of Chief Justices of New Delhi the World, organized by the World Unity and Peace Education Department of City Montessori School. Subject: Strengthening International Law to

15 Guarantee the Conservation of the Environment for Future Generations Cambridge, Guest speaker, Transnational Judicial Dialogue: Massachusetts Strengthening Networks and Mechanisms for Judicial Consultation and Cooperation, organized by American Society of International Law (ASIL) and Harvard Law School 2006 Seoul Guest speaker at the Annual Conference of the Korean Women Judges Association. Subject: The Leadership of Women Judges Around the World Washington, D.C. Guest speaker, Inter-American Dialogue, Subject: Afro-descendants and the Judicial Systems in Latin America Santo Domingo, Guest speaker at the VI Meeting of Women Dominican Republic Magistrates of Latin America and the Caribbean, Topic: Preventing Revictimization in Criminal Justice Processes Involving Family Violence Santiago, Speaker at the international seminar Judges and the Chile Rule of Law Mexico Conference on The International Criminal Court Statute and its Implications for the Rule of Law in Latin American Countries, 2003 San Juan, Speaker at the Second Meeting of Women of Puerto Rico America Strasbourg Tenth Judicial Conference Kingston Speaker at a symposium on West Indian Participation in the Construction of the Panama Canal Santo Domingo, Speaker at the VI International Criminology Course, Dominican Republic Subjects: Preventive Detention and Cautionary Measures and Criminal Justice Policy for Children and Adolescents Lecturer on Strengthening the Judicial Administration in Panama, at the Seminar on Judicial and Procedural Aspects in Civil and Criminal Cases, Latin American University of Science and Technology (ULACIT) Guest speaker on the subject The new challenges facing the administration of Justice in Panama, Third Panamanian Congress on Procedural Law, Colombian-Panamanian Institute of Procedural Law VIII National Lawyers Congress, National Bar Association. Speaker on the subject: The Role of Lawyers in Support of the Administration of Justice Second Panamanian Congress on Procedural Law, Colombo-Panamanian Institute of Procedural Law.

16 2004 Speaker on Criminal Dogmatics as an Instrument of Defense, XIII Labor Conference on Public Defense in Panama National Forum on Freedom of Expression in Panama, Panama City. (Participant) 2002 Work Sessions of the Association of Women Magistrates and Judges of Panama, held in Las Tablas, Santiago and David, cities of the Republic of Panama Speaker on Preventive Detention and Cautionary Measures in Panamanian Legislation, First University Congress on Judicial Sciences of the Latin University (Universidad Latina) Seminar on Measures Restricting Rights, organized by the Judicial School and the Ongoing Judicial Training Project Seminar on Criminal Procedure Reform Processes, Judicial School Seminar Application, Interpretation and Efficiency of Criminal Law, organized by the Panama s Judicial School and sponsored by the United Nations Development Program (UNDP) and the Spanish International Cooperation Agency Seminar, Expressions of the Principle of Due Process in Relation to Other Procedural Principles, organized by the Panama s Judicial School and sponsored by UNPD and the Spanish International Cooperation Agency Monograph: The Presumption of Innocence and the Application of Preventive Detention 1999 Monograph: The Rome Treaty for an International Criminal Court Comparative Study: The Application of International Law of Human Rights within the Panamanian Internal Law 1993 Monograph: Human Rights in Panama, a joint publication edited by the Center for Social Training Monograph: The Neoliberal Model and the Legal Recognition of Economic, Social and Cultural Rights in Panama. Edited by the Center for Social Training Article: Perspective of Political Prisoners and Refugees of War Article: The Meaning of Amnesty for Political Prisoners. Published in the weekly news paper Ahora. 11. Do you have any specific legal experience, including, but no limited to, violence against women or children? During my 19 years of independent legal practice as Attorney at Lw, I took on proceedings of diverse nature which included matters in the field of the

17 Administrative Law, Labour Advisement and Representation, Civil Suits, Penal Procedures and Litigation, International Legal Affairs, Merchandise Law and Family. As Magistrate, of the Supreme Court of Justice of Panama, at the Penal Chamber, regarding the specific topic about violence against women and children I have had to make decissions resolving the process about crimes related to homicide againts women, girls, boys and teenagers under violent circumstances where the origin of the crime has been domestic violence. 12. Historically, many of the gave abuses suffers by the women in situations of armed conflict have been marginalized or overlooked. What experiences have you had dealing with crimes of sexual and/or gender based violence? Are there situations or cases in the past where you believe you have applied a gender perspective, i.e. inquired into the ways in which men and women were differently impacted? If so, what effect? Are there situations where you did not analyze the different impacts of a situation on women and men but on reflection now think such an analysis would have been appropriate? As Attorney at Law during my independent legal practice my experiences have been acting in defense of the victim of sexual and or gender based violence. As Magistrate, I have also dealt with cases of victims who have suffered sexual and or gender based violence. However, when resolving the cases I assure to preserve and protect in the most ample manner, the application of the law in accordance with human rights in equity conditions without any discrimination in regards to etnia, race, sex, religion, gender, sexual orientation, political affiliation, nationality, socio-economical status or any other factor avoiding being bias on my behalf while evaluating and deciding about any of the above mentioned offences. 13. Victims have a recognized right to participate in ICC proceedings and to apply for reparations under Article 75. What experience relevant to these provisions do you have? Our legislation recognizes the participation of the victim in the penal proceedings, also it recognizes the responsibility of the material consequence of the facts. In most of these type of cases, we have registered that it has been ordered to repair or compensate the victims. There was a very relevant case in our Court which had to do with the lost of one eye of a person caused by a member of the Police Force, we ordered for this person to receive an indemnization for over two hundred thousand dollars. Depending on what the case might be, we act accordingly applying the same principle of Article 75 as well in our national experience.

18 14. Did you help advocate for the adoption of human rights or international humanitarian law treaties or other instruments? Please describe your experience. In terms of advocate for the adoption of human rights or international humanitarian law treaties or other instruments, I ll say that I haven t in a formal manner presented any project of law for either human rights or international humanitarian treaties; nevertheless, I can add in my favor of some contributions I ve made in defense and promotion of the respect to human rights. Therefore, I have belonged to the Human Rights Commission of the National Bar Association of Panama (can), I have been an International Consultant on human rights for CODEHUCA (Human Rights Coordination for Central America), I have assumed Legal Representation of the victims in the invasion to Panama on behalve of the United States of America, I have been a Professor teaching Human Rights, at the University of Panama and at the Latin American University of Science and Technology (ULACIT), Republic of Panama, I have taken part in many national and international forums of which I can mention: National Forum on Freedom of Expression in Panama, Panama City. (Participant),Guest speaker at a round table on the subject The Ombudsman: A Reality in the Face of National Uncertainty, Postgraduate Course on Higher Education; University of Panama, Faculty of Public Administration, Speaker on Study of National Legal Codes, at a seminar on Human Rights in Panama, organized by the Center for Social Training of Panama, Lecturer on Civil Procedure, Criminal Procedure and Human Rights, at a seminar organized by the Law and Political Sciences School of the University of Panama, Lecturer on the subject Human Rights of Political Prisoners, at the IX National Sociology Congress organized by the Sociology School of the University of Panama, in New York, speaker of conference on The invasion of Panama: Denouncing Human Rights Violations vis-à-vis International, I have written monographs and articles such as: Law, Comparative Study: The Application of International Law of Human Rights within the Panamanian Internal Law, Monograph: Human Rights in Panama, Article: Perspective of Political Prisoners and Refugees of War, Article: The Meaning of Amnesty for Political Prisoners. Published in the weekly news paper Ahora. Humbly, I have been honored with awards about many themes, specifically about Human Rights there was the Human Rights Commission of the Legislative Assembly, For her active participation as a candidate to the position of Ombudsman. 15. Have you served on the staff or board of directors of human rights or international humanitarian law organizations? Please describe your experience. No, I have never served on a staff or board of directors of human rights or international humanitarian law organizations.

19 16 a) Please provide us with a list of your writings and opinions relevant to evaluating your experience. The list of my writings and opinions is as following: 2000 Study: The Contribution of West Indians to the Construction of the Panama Canal Monograph: The Presumption of Innocence and the Application of Preventive Detention 1999 Monograph: The Rome Treaty for an International Criminal Court Comparative Study: The Application of International Law of Human Rights within the Panamanian Internal Law 1994 Study: Legal Basis for Implementation of the Family Code Monograph: Human Rights in Panama, a joint publication edited by the Center for Social Training (Centro de Capacitación Social) Monograph: The Neoliberal Model and the Legal Recognition of Economic, Social and Cultural Rights in Panama. Edited by the Center for Social Training Article: Perspective of Political Prisoners and Refugees of War Article: The Meaning of Amnesty for Political Prisoners. Published in the weekly news paper Ahora Article: Let s Discover the Real World that Afflicts Them. Published in the magazine Women always on their feet Article: Cry for Justice and Freedom, published in the magazine El Mundo Article: The Image of Women and its Degrading Uses by Certain Communication Media. Published in the journal La Prensa Article: Roads Leading to Economic Development and the Need for a Technological University, published in the journal La Prensa, Panama. Other matters: 17. Have you ever resigned form a position as a member of the bar of any country or been disciplined or censured by any bar association of which you may have been a member? If yes, please describe the circumstances. I have never resigned, been disciplined or censured by any bar association of any country. 18. Have you ever been found after an administrative or judicial hearing to have discriminated against or harassed an individual on the grounds of

20 actual or perceived age, race, creed, color, gender, sexual orientation, religion, national origin, disability, marital status, socioeconomic status, alienage or citizenship status? If yes, please describe the circumstances. No, I have never done any discriminating act or harassed anyone after an administrative or judicial hearing. 19. It is expected that a judge shall not, by words or conduct, manifest or appear to condone bias or prejudice, including, but not limited to, bias or prejudice based upon age, creed, color, gender, sexual orientation, national origin, disability, marital status, socioeconomic status, alienage or citizenship status and shall require staff, Court officials and others subject to his or her direction and control to refrain from such words or conduct. a) Do you disagree or have difficulty with this expectation? b) How will you be able to meet this expectation? In my condition as Magistrate and Chief Magistrate of the Supreme Court of Justice of the Republic of Panama, I cannot disagree with the expectation that a judge shall not, by words or conduct manifest or appear to condone bias or prejudice, including, but not limited to, bias or prejudice based upon age, creed, color, gender, sexual orientation, national origin, disability, marital status, socioeconomic status, alienage or citizenship status and shall require staff, Court officials and others subject to his or her direction and control to refrain from such words or conduct, on the contrary, I demand as imperative, for all Court officials and others subject to my direction and control (including myself), to refrain themselves from such conduct and usage of words. Guaranteeing a strict control and supervision, audits and pledging and applying rigorously sanctions that the norms and regulations establishes for when there is a void of conduct and most of all, allowing for each process to be public preventing to create distrust when being responsible for an assignment or case. 20. Article 40 of the Rome Statute requires judges to be independent in the performance of their functions. Members of the CICC and governments are concerned about the difficulties judges might experience in interpreting articles of the Rome Statute where their government has already expressed an opinion. a) Do you expect difficulties in your taking an independent position? b) Would you be able to judge impartially whether an investigation by your government was genuine? I do not expect to have difficulties taking an independent position. I am required as a Judge of the ICC to proceed accordingly to the penal law and criminal procedures already established and according to my loyal

21 knowledge and experience in the cases that I should attend, I find no difficulties to be impartial in my verdicts even though my country or national of my country should see themselves involve in any investigation. As a fact, while acting as Magistrate, member of the Penal Chamber and as Chief Magistrate of the Supreme Court of Justice of the Republic of Panama, I have assumed the position pledged strictly to the Constitution and the Laws, guaranteeing in that manner, the independence and transparency of my verdicts. In case to be elected as Magistrate of the ICC, I can assure that my conduct will be invariable, complying with the Rome Statute, Treaties and International Norms applicable to the process of competence of the Court. 21. A judge is expected to be on the bench or otherwise handle legal matters for at least seven hours per day, five days per week, and at times a judge s responsibilities may require him or her to be on the bench or at work into the evenings and on weekends. Do you expect to be able, now and in the foreseeable future, to perform these tasks on your own or with reasonable accommodation? If no please describe the circumstances. I ll respond to this question categorically, sustained on the antecedents of my humble life and after assuming the responsibilities and challenges I have taken so far, I consider to be trained and prepared to perform what should be without a doubt, the demands of such position as Magistrate of the ICC, keeping always in mind a sense of responsibility in the compliance of the obligations to confront with efficiency, opportune and respecting the fullfilment of the terms with which the cases should be resolved. Shortly, I should be concluding my period as a Magistrate of the Supreme Court of Justice in my country having the honor to have been, Chief Magistrate in the two last year of my term, that is since January 2006 to December With so many challenges set forth during this past 10 years, having to confront new responsibilities and requirements of extended schedules, it not a situation unknown in my present practice, since it has been necessary to invest long hours of study to be able to have a full and objective comprehension of the cause been seen and discussed in the Chamber. Also, having to assume the Presidency of the Supreme Court of Justice of my country, demanded of me, an additional and extraordinary effort to demonstrate abilities and knowledge solving problems pertaining the juridical aspects of social problems and also develop the capacity in management and administration of the Supreme Court of Justice, all these required working until late hours into the evenings as during on the weekends.

22 22. Do you know of any factors that would adversely affect your ability to competently serve as a judge, to comply with a judge s ethical responsibilities, or to complete the day-to-day responsibilities that a judge is required to assume? If yes, please explain. Currently, there is no factor that would adversely affect my ability to competently serve as a Judge to comply with the ethical responsibilities required, or to complete the day to day responsibilities that a Judge is required to assume. I am mentally and physically fit to assume the challenge at a this new job; and so is my family if I am elected to the position.