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 6 GE.18-12640

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