by the First Criminal Court (Juzgado Primero) of San Miguelito, although, under applicable Panamanian law, this case should also have been joined with the other ones. In respect of this case, the author explains that he received a notice of trial in October 1984, when detained at Coiba, without the text of the indictment. He was subsequently kept in the dark about the course of the proceedings and not called to appear before the judge. The Court passed judgement on 15 September 1988, four and a half years after his arrest. that he was never brought before a judge: he emphasizes that these elements constitute not only violations of the Covenant but also serious violations of Panamanian law. 2.6 In respect of both cases pending before the Juzgado Quinto and the Juzgado Primero of San Miguelito, the author posted bail on 14 March 1986 for a total of $4,200. On an unspecified date in the spring of 1986, he was released on bail. 3.3 As to the conditions of detention, the author complains about ill-treatment in the Modelo prison (see para. 2.8 above). He adds that he had to perform forced labour at Coiba prison although no sentence had been pronounced against him. In the latter context, he claims, in general terms, that inmates on Coiba are physically abused, beaten, tied to trees, denied food and obliged to buy some of their food from the prison commander, who is said to confiscate 40 per cent of the food sent from Panama City and then sell it to the inmates. 3.2 It is further submitted that the judicial proceedings the in case were unreasonably prolonged: in particular, the Juzgado Primero of San Miguelito only rendered its judgement in respect of the allegedly uncovered cheque of $169 in September 1988, over four and a half years after Mr. Wolf’s arrest. 2.7 In August 1986, the author was rearrested and charged with issuing two more uncovered cheques. Bail was revoked, and the author returned to prison. The two new cases were assigned to the Eighth Criminal Court (Juzgado Octavo) of Panama. The author submits that, as in the other cases, no and oral public hearing took place, that he was denied access to counsel, and that he was informed of the judgement against him in July or August 1988, when still detained at Coiba prison. State party’s information and observations 4.1 The State party contends, in submissions made both before and after the Committee’s decision on admissibility, that the communication is inadmissible on the ground of non-exhaustion of domestic remedies and observes that criminal proceedings were still pending against him. It explains that “Panama’s legal system provides effective remedies under its criminal law against (for example) the committal decision taken pursuant to articles 2426 to 2428 of the Panamanian Code of Criminal Procedure. The applicant faces a number of criminal charges in connection with which no judgement has yet been given; the normal procedure is being followed. He may, however, appeal to a higher court against the committal decision, in addition to resorting to all the remedies specified under criminal law”. 2.8 The author notes that he informed the Embassy of the Federal Republic of Germany of his arrest. During his brief detention at the Modelo prison, he was not allowed to speak without supervision with officials from the Embassy. After the Embassy lodged a formal protest with the Foreign Ministry of Panama, he was allegedly ill-treated and confined to a special cell, together with a mentally disturbed prisoner, who allegedly had killed several other inmates. In the same context, the author states that all his property was stolen in the prison, and that he was denied food for five days. Finally, he contends that officials of the German Embassy were denied the right to visit him at Coiba prison. 4.2 As to the facts of the case, the State party notes that on 16 September 1985, the author was sentenced to three years’ and seven months’ imprisonment for 11 counts of cheque fraud.1 Had he served the full term, he would have been released on 8 January 1988. He was, however, released on parole by Executive Complaint 3.1 The author claims that, in each of the criminal cases against him, he was denied a fair and public hearing by a competent, independent and impartial tribunal, in that he was not heard personally and not served sufficiently motivated indictments. He further complains that, at all times, he was denied access to legal counsel and 1 The author claims to have been convicted on nine counts and acquitted on two (para. 2.3). 81

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