incompatibility with the Covenant : what were the possibilities were exiles to return to Panama, and under what conditions mentally ill detained. drug for political addicts or the 440. The representative of the State party stated in his reply relating to the retroactivity of laws that the phrase in the Constitution concerning “publ.ic order and social interest” had led to abuses in the past, and it was hoped that in any future reform of the Constitution there would be an opportunity to remove those words. A set of draft rules was expected to be adopted by the Judicial Council by the end of the year relating to requirements for admission to the judicial profession. Under the previous regime, judicial appointments had been made without regard to such requirements. The criminal investigation department had been reorganised as the judicial police department with Assembly was expected to adopt essentially the same mandate. The Legislative a law making that department accountable only to the Public Prosecutor’s Oftice and the judiciary and no longer to the executive branch. The process of weeding out many undesirable members of the criminal investigation department was continuing. The reforms carried out in the Public Prosecutor’s Office were in their final phase, with the dismissal of certain prosecutors on the basis of incriminating information and the appointment of their A bill dealing with the prison system had been drafted and was replacements. currently being considered by the legislative branch. There was a chapter of the Bar in each of the country’s nine provinces. Membership of the Bar consisted of about 3,500 practising lawyers, and it had recently been a critical factor in the development of new legislation. 441. Replying to additional questions posed by members of the Committee, the representative explained that it was difficult at the present time to establish the legal ranking of the Covenant tis -ba vi6 the Constitution because of the division of opinion between internationalists and constitutionalists. The forthcoming constitutional reform would not help to solve that problem, as it would focus on the elimination of militarism. There were no persons imprisoned for their political views in Panama and no exiles, as no one had Act No. 112 of 1974 had not yet been repealed. been expelled. Court judgements were not open to writs of unconstitutionality but were subject to repealed specific laws but did not amDarO* Rulings of unconstitutionality restore pie-existing situations. Insane persons or those under the influence of drugs could be detained in order to safeguard their lives or health. of movemention of aliens 442. In connection with that issue, members of the Committee wished to know what was the distinction between expulsion and deportation; whether an appeal against an expulsion order had suspensive effect: whether the denial of the possibility of appeal from expulsion orders issued for reasons of health and public policy was compatible with article 13 of the Covenant: which illnesses could constitute grounds for the expulsion of aliens for reasons of health1 and whether the Government could arbitrarily decide to resort to expulsion rather than deportation. 443. In reply, the representative said that expulsion orders were used where foreigners who had met the requirements for entry into the country were found to be undesirable on various grounds, including that of national security. Deportation orders applied where aliens had not complied with the requisite -lll-

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents