324. In connection with article 11 of the Convention, members of the Committee
wished to receive further information on the implementation of the article,
particularly regarding the length of pre-trial detention, the rules and
regulations governing preventive detention and the right of an individual to
legal assistance from the moment of his arrest.
325. Regarding article 13 of the Convention, clarification was sought as to the
authority competent to conduct inquiries into complaints against the police.
326. With regard to article 14 of the Convention, clarification was requested as
to the rights of victims to bring a criminal action against a person alleged to
have committed a violation of human rights and the rights of victims to
rehabilitation and compensation. In particular, members of the Committee asked
whether medical centres for the rehabilitation of torture victims existed in
Panama and whether or not the State assumed responsibility for compensating a
victim of torture whenever a police officer had committed such an act.
327. Concerning article 16 of the Convention, members of the Committee requested
further information on the treatment and institutionalization of mentally ill
persons, particularly whether specialized psychiatric hospitals existed and
whether political prisoners had ever been detained there.
328. Replying to questions raised by members of the Committee, the
representative of the reporting State said that the Convention against Torture
had been fully integrated into Panamanian legislation and that the Constitution
of Panama contained a full definition of torture. Derogations from the
Convention were not admissible unless the Convention itself was denounced. The
Supreme Court of Justice was concerned with ensuring respect for the
Constitution and adherence to the provisions of the Convention. The function of
the Attorney General’s office was to defend the interests of the State, to
ensure compliance with legislation and to monitor the conduct of public
officials. The Attorney General was authorized to initiate any proceedings
against any official. Panama had a professional civil police force which was
subordinate to the Public Prosecutor’s Department. It also had a national
police force which was subordinate to the Ministry of Justice, which was itself
responsible to the President. With regard to the issue of decriminalization and
recourse to forms of punishment other than imprisonment, the representative
informed the Committee that such measures were favoured when dealing with first
offenders charged with crimes customarily punishable by less than three years’
imprisonment. The results of those measures had been positive and a failure
rate of only 1 per cent had been noted. The representative also indicated that
until 21 December 1992 there had been no cases of political prisoners, but that
four such cases had recently come before the courts, for which information would
be provided in the next report. In addition, he indicated that there were 3,400
persons currently in prison for various types of offences. Non-governmental
organizations were allowed access to prisons and other detention establishments
and they could make recommendations concerning conditions of detention. Under
article 22 of the Constitution any such recommendations must be transmitted to
the relevant authorities.
329. Concerning the various questions raised with regard to article 2 of the
Convention, the representative informed the Committee that although the
possibility existed for administrative decisions to be overturned should they
violate human rights, no such cases had been recorded. He also stated that no
exceptional circumstances whatsoever, whether a state of war or internal
conflict, could be invoked in Panama for justification of torture. In addition,
he explained that article 34 of the Constitution did not exempt a person from
liability for a manifest violation of a constitutional or legal provision to the
detriment of another person on the grounds that he acted under orders from a
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