316. Recently efforts had been made to reduce preventive detention, sentencing
to prison and the prison population, through, inter alia, the revision of the
penal system.
317. Finally, the representative of the reporting State outlined more specific
measures that had been taken to implement the provisions of the Convention,
which included the incorporation within domestic law of the definition of
torture and penalties for the violation of human rights ranging from 6 months to
15 years’ imprisonment and mutual legal assistance in matters of extradition.
The representative also indicated the importance his Government attached to
meeting the requirements of its international human rights obligations and in
this connection referred to the construction and functioning of a model prison
at La Joya.
318. The members of the Committee expressed their appreciation for the
information contained in the report and that provided by the representative of
the State party. They also observed that they had received no allegations that
torture was practised in Panama. Nevertheless, they wished to receive more
information on how the provisions of the Convention, especially article 1, had
been incorporated within domestic law. They also requested further information
on the status of the Convention in domestic law and on the 23 court decisions
relating to the implementation of the Convention, referred to in the report.
They wished to receive further information on the organization, functions and
independence of the judiciary and administrators. They also wished to receive
information on the number of persons in detention, particularly political
prisoners, and asked whether the public had welcomed the measures taken by the
Government on the depenalization of the judicial system. Further information
was also sought on the work of the Panamanian Commission on Human Rights,
especially with regard to torture-related matters, and whether non-governmental
organizations could regularly inspect and visit prisons and places of detention.
Members of the Committee also wished to know whether the Government intended to
make a declaration under articles 21 and 22 of the Convention.
319. Concerning article 2 of the Convention, members of the Committee requested
further information on the application of provisions of the Judicial Code by
which the Administrative Division was empowered to nullify administrative
decisions which violated justiciable human rights. They also wished to know
whether special courts existed for members of the armed or security forces and
whether the jurisdiction of ordinary courts could be suspended, notably in a
state of emergency. Clarification was also requested as to the compatibility of
Panamanian legislation with provisions of article 2, paragraph 3, of the
Convention, according to which an order from a superior officer or a public
authority could not be invoked as a justification of torture.
320. In respect of article 3 of the Convention, additional information was
sought on the measures taken by the State party to ensure that persons were not
extradited to a State where the risk of being subjected to torture existed.
321. Regarding article 4 of the Convention, members of the Committee wished to
receive further information on the penalization of acts of torture.
322. Additional information was requested on the implementation of articles 5, 7
and 9 of the Convention, particularly with regard to the full application of the
principles of universal jurisdiction and mutual legal assistance.
323. With regard to article 10 of the Convention, further information was sought
specifically on the training given to medical personnel for the prohibition of
torture and the identification and treatment of torture victims.
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