superior. However, in the case of police officers on duty and members of the
armed forces, responsibility fell solely on the superior who had given the
order. Furthermore, disciplinary measures could be imposed by a supervisory
body of the police force upon police officers who had violated another’s human
rights.
330. With regard to article 3 of the Convention, the representative explained
that in relation to extradition matters Panama adhered to the norms established
by the Bustamanti Code and the Caracas Convention and that the extradition of a
person would not be permissible if there were evidence that it might lead to his
being tortured, executed or persecuted.
331. Concerning article 4 of the Convention, the representative informed the
Committee that specific provisions of the Penal Code were devoted to matters
relating to torture and other human rights violations.
332. In respect of article 9 of the Convention, the representative indicated
that mutual legal cooperation existed between Panama and other States regardless
of whether a formal bilateral agreement was in place.
333. In connection with article 10 of the Convention, the representative
explained that compulsory training programmes were organized for doctors,
lawyers etc. to ensure that they were fully aware of all aspects of human rights
issues.
334. With respect to article 11 of the Convention, the representative indicated
the measures his Government had taken to implement the minimum rules for the
treatment of prisoners and he pointed out that there had been no cases of
torture in prison establishments. With regard to pre-trial detention, he stated
that the prison authorities must receive a written detention order and that
there were no cases of pre-trial detention having lasted longer than one year.
He also indicated that Panamanian law provided that the police were entitled to
detain a suspect for 24 hours before the rule of habeas corpus applied.
Guarantees were provided to ensure that persons were not subjected to coercion
when making statements and persons accused of having committed an offence were
entitled to make their statements in the presence of a lawyer. Furthermore, all
interviews were recorded and the accused had the right to appeal if he felt that
constitutional guarantees had been violated.
335. Regarding article 13 of the Convention, the representative indicated that
persons who considered themselves victims of torture were entitled to apply for
administrative redress and to initiate proceedings in the courts.
336. Concerning article 14 of the Convention, the representative explained that
Panamanian legislation provided for compensation in the event of civil liability
for wrongful arrest and that if the plaintiff were unable financially to sustain
his own case, the State was under the obligation to provide funds for that
purpose. Moreover, technical and medical services were provided under the
social security system and included therapy for persons suffering from a mental
disorder.
337. With respect to article 16 of the Convention, the representative informed
the Committee that cases involving mentally ill persons were assessed by the
Institute of Forensic Medicine and that criminal proceedings would be suspended
until the person was considered fit for trial. Psychiatric institutions did
exist in Panama exclusively in the interests of treating persons with mental
illness and there were no cases in Panama of persons being or having been held
in psychiatric institutions on the grounds of their political opinion.
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