its rules of procedure, decide whether or not it is
admissible under the Optional Protocol to the
Covenant.
Decision of 24 November 1986, signed jointly by
the President of Panama and the Minister of the
Interior and Justice; he was free after that date,
until he was rearrested for further offences.2
5.2
At its thirty-sixth session, the Committee
considered
the
admissibility
of
the
communication. With respect to the requirement
of exhaustion of domestic remedies, the
Committee noted the State party’s contention that
the author had failed to avail himself of effective
remedies but observed that it had not, at that
point in time, denied that the author had no
access to legal counsel, nor indicated how he
could have resorted to further local remedies in
the absence of such assistance. In the
circumstances, the Committee concluded that the
requirements of article 5, paragraph 2 (b), of the
Optional Protocol had been met.
4.3
Concerning
the
further
judicial
proceedings against Mr. Wolf, the State party
explains that on 15 September 1988 the Juzgado
Primero of San Miguelito found the author guilty
of signing an uncovered cheque to the order of a
supermarket, and sentenced him to two years’
and 10 months’ imprisonment and an additional
87-day fine at the rate of 2.5 balboas a day.
At the same time, the Juzgado Octave continued
to investigate one further charge of fraud against
the Compaña Xerox de Panama, and another one
of forgery to the detriment of Apartotel Tower
House Suites. Mr. Wolf was sentenced to three
years’ imprisonment on the first charge; he
appealed, and the case was transferred to the
Second High Court of Justice (Segundo Tribunal
Superior de Justicia), which ordered the Juzgado
Quinto to join the indictments and pronounce a
single sentence. In the second case, oral
proceedings had been scheduled but could not
proceed, because the accused had left
Panamanian territory.
5.3
On 27 July 1989, the Committee
declared the communication admissible and
asked the State party to forward copies of the
indictments against the author and of any
relevant court orders and decisions. None were
received.
5.4
The Committee has noted the State
party’s submission of 6 December 1989, made
after the decision on admissibility, in which it
again argues that the communication is
inadmissible on the ground of non-exhaustion of
domestic remedies, and that the author had had
legal representation. The Committee takes the
opportunity to expand on its admissibility
findings.
4.4
The State party affirms that the author’s
claims are without any foundation (reclamación
carente de todo fundamento), that the judicial
proceedings against Mr. Wolf were conducted in
full respect of the requirements laid down under
Panamanian law, and that the author was not
only represented, but that his representatives
used the legal recourses available to them, in the
best interest of their client. The State party adds
that if some of the judicial decisions could not be
notified to the author, this was probably because
he had left the national territory. The State party
does not, however, provide further details about
the course of the judicial proceedings, nor about
the author’s legal representation or the identity of
his representatives.
5.5
The State party submits, in general
terms, that judicial proceedings against the
author remain pending, and that the latter was
assigned legal counsel. It is implicit in rule 91 of
the Committee’s rules of procedure and article 4,
paragraph 2, of the Optional Protocol, that a State
party to the Covenant should make available to
the Committee all the information at its disposal;
this includes, at the stage of the determination of
the admissibility of a communication, the
provision of sufficiently detailed information
about remedies pursued by, the author. The State
party has not forwarded such information. It has
confined itself to the observation that the
author’s representatives availed themselves of
the legal remedies open to the author, in his best
interest. Thus, there is no reason to revise the
Committee’s decision on admissibility.
Issues and proceedings before the Committee
5.1
Before considering any claims contained
in a communication, the Human Rights
Committee must, in accordance with rule 87 of
2
According to the author, however, he was released
on bail in the spring of 1986 and rearrested in
August 1986 (paras. 2.6 and 2.7). In his comments
of 8 February 1989, the author claims not to know
anything about the purported presidential pardon of
November 1986, a time subsequent to this second
arrest.
6.1
Concerning the substance of Mr. Wolf’s
allegations, the Committee notes that the State
82
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