310. Nevertheless, the Committee expected to be provided with further details on
the training of health personnel and the outcome of the inquiries conducted by
the Canadian authorities relating to two immigrants of Chinese origin, in
addition to the statistics requested by the Committee.
Panama
311. The Committee considered the second periodic report of Panama
(CAT/C/17/Add.7) at its 141st and 142nd meetings, on 21 April 1993 (see
CAT/C/SR.141 and 142).
312. The report was introduced by the representative of the State party, who
informed the Committee of the efforts his Government had made to improve and
adapt the Panamanian penal and penitentiary system to contemporary requirements
and of the progress that had been made in bringing the Panamanian justice system
into conformity with the Convention. He indicated that those tasks had not been
made easier following the events of 20 December 1989, which had led to the
destruction of the penitentiary centres and an increase in crime.
313. The representative also provided further information of general interest,
relating to the separation of powers between the legislative, judicial and
executive branches of government and to the organization and structure of the
administration of justice in Panama. In particular, reference was made to the
powers and composition of the Supreme Court of Justice and its four chambers,
one of which, namely the Administrative Division, following the adoption of a
recent law, had the power to annul any administrative decisions that undermined
the protection of human rights or were not in conformity with the standards
provided for in the international human rights instruments to which Panama was a
party.
314. The representative also provided a description of the role of the Public
Prosecutor, the Attorney General and the staff of the Public Prosecutor’s
Department in the prosecution of crimes. It was indicated that an inquiry into
the prosecution of a crime could be opened by the Public Prosecutor on the basis
of information received from the media or other sources without the necessity of
an individual complaint or accusation. The legal process in place for the
prosecution of crimes consisted of three stages. During each stage all the
guarantees of due process were respected, for example, presumption of innocence,
right to, and contact with, a lawyer, provision of instructions relating to
preventive detention, recourse to habeas corpus and prohibition of coercion.
The inquiry procedure, or first stage, was of a maximum duration of two months
except in exceptional circumstances, when it could be extended for another two
months. Once the inquiry had been completed, the process entered its second or
intermediate phase with the accused brought before the competent court. Within
15 working days the court had to decide on the merits of the inquiry. In
extreme cases, the court could return the case to the Public Prosecutor in order
that further inquiries be undertaken. The third stage was preceded by a given
period to permit the defence to gather the necessary evidence and to determine
whether to challenge the evidence presented by the prosecutor and appeal against
the proceedings so far undertaken. On the basis of the evidence before the
court, a decision by the court would be pronounced within 10 days. The accused
had the right to appeal to a higher court against any sentence handed down to
him.
315. In addition, the representative indicated the measures
ensure the impartiality and independence of the judiciary.
particular, the Council of Judicial Ethics, which evaluated
rulings on complaints from victims of violations of certain
principles during judicial procedures.
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taken by Panama to
He mentioned, in
and handed down
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