415. The Committee considered
the second periodic
(CCPR/C/42/Add.7
and 11) at its 1051st to 1054th
5 April
1991 (see CCPR/C/SR.l051-1054).
report
of Panama
meetings,
held on 4 and
416. The report
was introduced
by the representative
of the State party,
who
observed
that on 20 December 1989 a democratically
elected
Government had
taken power from the military
dictatorship
that had ruled since 1968.
The
current
Government had the political
will
to promote human rights
and had
taken steps to improve the human rights
situation
in Panama, although
most
of
the people in Panama were somewhat ignorant
of the international
system for
the protection
of human rights.
and -work
* .
wit&a~&&
the Cove-
is. v.
417. With regard to that issue , members of the Committee ?:ished to know what
the status
of the Covenant was relative
to Panamanian domestic
legislation;
how conflict
between a provision
of the Covenant and domestic
law would be
resolved;
whether
a subsequent
law could suspend the Covenant:
whether
provisions
of the Covenant could be invoked directly
before the administrative
whether
there had been any instances
where thi.6 had
authorities
and courts;
actually
been done and, if so, with what results:
whether
the removal,
pursuant
to Act No. 33 of 1914,
of one of the generic
remedies applicable
in
administrative
mattctrs
had in fact been advantageous
to individuals:
and what
activities
relating
to the promotion
of greater
awareness
on the part of the
relevant
administrative
authorities
as well as the public
at large of the
provisions
of the Covenant and the Optional
Protocol
had been undertaken.
418. In addition,
members of the Committee wished to know whether
a specific
legal provision
had been adopted to incorporate
the Covenant into Panamanian
law; whether
the Government would consider
seeking
a declaratory
judgement on
the status
of the Covenant from the Supreme Court:
and why individual
Panamanians did not invoke the Covenant and submit communications
to the
Commi t tee.
Further
information
was sought regarding
the ongoing process
of
constitutional
reform,
particularly
with regard to the abolition
of the army,
the establishment
of a police
force responsible
for national
security,
and
Members of the Committee also wished to have
changes in the judiciary.
information
on the legal situation
prevalent
in Panama as a result
of the
including
the measures
adopted to guarantee
to citizens
the rights
invasion,
set forth
in the Covenant,
especially
in view of the presence
of foreign
troops
that exercised
internal
control
with the consent of the Government;
on
the legal basis of confiscation,
without
legal process,
of property belonging
to alleged collaborators
with the former regime: on any steps proposed to
compensate victims in various areas of Panama City and Colon whose homes and
wurkplaces had been destroyed by bombing! and on the recent actions taken to
investigate
cases of disappearances and deaths.
419. With regard to remedies, members of the Committee wished to know how
m
operated; how often the right of m
had been exercised by
individuals;
what the relationship
was between h,&~%#mrw
and w
and
whether a detainee could in fact seek relief
through both measures: what
safeguards were offered to individuals
under the Administrative
Code; whether
the right of appeal against a decision of the administrative
court still
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