CAT/OP/PAN/1
27.
It may also submit proposals and observations to the relevant State authorities on
existing and draft policy or legislation which it considers to be relevant to its mandate.
28.
The national preventive mechanism should engage in a meaningful dialogue with the
State party on the implementation of its recommendations. It should also follow up on the
implementation of its recommendations and of any recommendations made by the
Subcommittee. The national preventive mechanism should ensure that any confidential
information acquired in the course of its work is fully protected.
29.
The Subcommittee reiterates its full readiness to cooperate with the State party
by providing advice and support for the implementation and functioning of the
national preventive mechanism.
III. Legal and institutional framework for the prevention of
torture and ill-treatment
A.
Criminalization of torture
30.
The Subcommittee informed the National Assembly’s Committee on Governance,
Justice and Constitutional Affairs that it was concerned that the definition of torture in
article 156-A of the Criminal Code, which does not cover acts committed by third parties at
the instigation or with the consent or acquiescence of a public official, is not fully in line
with international standards for the criminalization of torture.
31.
The Subcommittee recommends that the Committee on Governance, Justice
and Constitutional Affairs of the National Assembly propose an amendment to the
definition of the offence of torture in Panamanian criminal law so as to bring it into
line with international standards, in particular article 1 of the Convention against
Torture. The Subcommittee notes that this departure from international standards in
Panamanian law can lead to impunity.
B.
Non-applicability of statutory limitations to torture
32.
The Subcommittee also informed the Committee that it was concerned about the
continued applicability of statutory limitations to the offence of torture under Panamanian
law, even though such limitations do not apply in cases in which the civilian population is
subjected to systematic and widespread torture.
33.
The Subcommittee recommends that the Committee on Governance, Justice
and Constitutional Affairs of the National Assembly propose legislative amendments
to ensure that, in line with international standards, no statutory limitations
whatsoever are applicable to the offence of torture.
34.
The Subcommittee acknowledges the frank discussions it had with the Committee
on Governance, Justice and Constitutional Affairs. The Subcommittee, through its regional
team on the Americas and its focal point for Panama, is well placed to provide technical
assistance to the Committee in the drafting of the legislative proposal needed to amend the
provisions of Panamanian law defining torture in article 156-A of the Criminal Code and to
ensure that no statutory limitations apply to the offence of torture.
C.
Detection of torture and ill-treatment
35.
The Subcommittee received credible allegations from persons deprived of their
liberty that they had been subjected to torture or ill-treatment in a variety of circumstances.
These allegations contradict official information to the effect that there were only three
complaints of alleged torture in 2017. During its visit, the Subcommittee attempted to
obtain official information from the Supreme Court on the number of convictions for
torture that had been handed down, but the information has not been forthcoming. The
Subcommittee is of the view that the provisions of Act No. 1 of 2011, which added article
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