Convention
Abbreviation:
CAT
COMMITTEE AGAINST TORTURE
Twentieth session
4 - 22 May 1998
Concluding observations of the Committee against Torture
Panama
206. The Committee considered the third periodic report of Panama
(CAT/C/34/Add.9) at its 332nd and 333rd meetings, on 13 May 1998 (CAT/C/SR.332
and 333), and adopted the following conclusions and recommendations.
1. Introduction
207. Panama
ratified the Convention on 24 August 1987. It has not made the declarations
provided for in articles 21 and 22 of the Convention.
208. It is
also a State party to the Inter-American Convention to Prevent and
Punish Torture.
209. The
third periodic report covers the period from 21 September 1992, when
the second periodic report was submitted, to 19 May 1997.
210. The
representative of Panama provided additional information during the
oral presentation, particularly regarding events after that period.
211. The
Committee appreciates Panama's sending a high-level delegation to
present the report and the cordial spirit of the discussions.
2. Positive aspects
212. The
Committee has received no reports of cases of torture during the period
covered by the report.
213. Panamanian
legislation contains appropriate safeguards for the effective protection
of human rights and especially the prevention of torture, in particular
the maximum period of 24 hours, subject to no exception, within which
a detainee must be brought before the competent judicial authority,
and the prohibition against holding anybody incommunicado.
214. The
establishment of the Office of the People's Advocate is a positive
step.
215. Other
positive measures include the provision in the Judicial Code for a
system of monthly visits to prison establishments by judges, magistrates
and investigating officers and the establishment by the Public Prosecutor's
Department of a "prison mailbox" system to facilitate the exercise
by prisoners of their right to lodge complaints and petitions.
216. The
implementation of a human rights training project for members of the
National Police and the introduction of a technical course on penology
at the Faculty of Law and Political Sciences of the University of
Panama seem to demonstrate an intention to professionalize this area
of public service.
217. The
State authorities demonstrate a commendable concern for restructuring
the Judiciary to improve the performance of its important role in
the effective functioning of a State under the rule of law.
3. Subjects of concern
218. The
Committee is concerned about the following:
(a) The absence
in Panama's legislation of a stipulated maximum duration of pre-trial
detention;
(b) The high
proportion of unsentenced detainees in Panama's prisons;
(c) The possibility
that compliance with article 3, paragraph 1, of the Convention may
be jeopardized by the repatriation of refugees coming from neighbouring
countries.
4. Recommendations
219. The
Committee recommends that the State party:
(a) Consider
the possibility of making the declaration provided for in article
22 of the Convention;
(b) Adopt
all necessary safeguards for the protection of refugees from neighbouring
countries, in particular so as to ensure that in case of repatriation
they are not placed in the situation referred to in article 3, paragraph
1, of the Convention.
