existed:
and to what extent
individuals,
especially
poor people,
had access to
the courts
and to legal assistance.
They also asked what the Government’s
policy was with regard to the treatment
of those who had been associated
with
the past repression
and whether
the Government of Panama would indeed have
full sovereignty
over the Panama Canal by the year 2000.
420. In his reply,
the representative
said that the Covenant had
constitutional
status
and that no subsequent
law could derogate
from it,
The
covenant could be invoked directly
before the administrative
authorities
and
courts in Panama, which had been done particularly
during the last three or
four years of the dictatorship.
Many bbeas COTJ)U~:actions had invoked the
Covenant as well as domestic legislation,
but the Supreme Court had never in
its rulings taken into account the provisions of the Covenant.
Reforms under
Act No. 33 of 1974 had been beneficial
to individuals
since it had speeded up
administrative
procedures and provided new administrative
remedies. Act No. 2
of 1984 had established mandatory teaching of human rights in all schools, but
had never been put into effect.
However, the Ministry
of Education was now
working, with the assistance of non-governmental organieations,
to promote the
teaching of human rights at all levels of education.
The Government had also
requested technical
assistance and advice from the United Nations Centre for
HumanRights, especially
with regard to the administration
of justice
in
Panama.
421. Replying to other questions, the representative
stated that his
Government’s chief concern was for the consolidation
of democracy. That
required a reconciliation
of the conflicting
elements within the country and
was reflected
in the manner in which former officials
were being prosecuted.
Many people had been detained by United States focces and subsequently turned
over to the Government, and those against whom there were no charges had been
released.
Those still
under detention had been charged with offences, were
not ill-treated
and were represented by legal counsel.
There was a great
ignorance of penal law in the country because the law had fallen into neglect.
As a consequence of the reorganixation
of the judiciary
and the Prosecutor’s
Office, 40,000 criminal cases had been turned over to the courts.
Provis!.ons
for access to free legal aid had been made in legislation
enacted in 1983, but
practical
arrangements still
had to be worked out.
Access
to the courts and
to legal assistance, especially
by the poorest members of society,
was a
complicated problem linked to the legacy of military
dictatorship.
The
Government had recently
introduced a new Legal Code and had begun working on
regulations to ensure the independence of the judiciary.
Ili=&asm
and
@nparo were both intended as guarantees of human rights,
but the former was
the specific
remedy guaranteeing individual
freedom and the only one for which
detained persons could apply.
The Government had proposed to abolish the 1974
law establishing
an office to investigate
administrative
errors and was
working on a series of regulations
to ensure proper conduct by the police,
especially
in the use of firearms.
The provisions of the Panama Canal Treaty
would be respected and complied with.
Bight of self -.determm*
.’
422. In connection with that issue , members of the Committee asked whether any
measures had been taken to prevent public and private
support for the
apartheid regime of South Africa;
what was Panama’6 position with regard to
the rights of the Palestinian
people: and whether the policy outlined in
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