Guatemala’s Public Ministry has rejected Panama’s request for the extradition of Ricardo Alberto and Luis Enrique Martinelli Linares, which Panama presented in August.

The Panama petition was rejected, without holding a hearing, because the United States got there first and Guatemalan law dictates that the first request received,, must be resolved, and  Guatemala doesn’t have an extradition treaty with Panama.

Panama's request came a year after the United States required Guatemala to capture and deliver the children of former President Ricardo Martinelli. The arrest took place on July 6, 2020 at La Aurora airport and since then they have remained in the Mariscal Zavala military prison, from where they have presented several legal appeals.

Panama’s Third Criminal Settlement Court , headed by Baloisa Marquínez wants the Martinelli Linares brothers in Panama to answer for bribes paid by state contractors to Panamanian officials ( Blue Apple case ). The court has yet to decide whether to call 51 people to trial, for alleged money laundering.

On August 9,  Judge Marquínez sent to the Panamanian Foreign Ministry a request for preventive detention for the extradition of the “citizens” Martinelli Linares.

Delivery imminent
Although Panama's request was formally received, the Secretary-General of the Guatemalan Attorney General, Ángel Pineda, announced since August 30 that delivery to the United States was imminent.

"We know that it is in the final phase to issue the corresponding resolution for extradition," he said.

Recently, the First Court of Appeals of the Criminal Branch of Guatemala ruled against appeals filed by the legal defense of Luis Enrique Martinelli Linares, which would give the final green light to move forward with the delivery to the United States. Meanwhile, the case of his brother, Ricardo Alberto, would continue to be suspended pending the resolution of two appeals.

The United States requested the capture and extradition of the children of former President Martinelli for the alleged commission of various crimes related to money laundering, before the Eastern District Court of New York.