incompatibility
with the Covenant : what were the possibilities
were
exiles
to return
to Panama, and under what conditions
mentally
ill detained.
drug
for political
addicts
or the
440. The representative
of the State party stated
in his reply relating
to the
retroactivity
of laws that the phrase in the Constitution
concerning
“publ.ic
order and social
interest”
had led to abuses in the past,
and it was hoped
that in any future
reform of the Constitution
there would be an opportunity
to
remove those words.
A set of draft rules was expected to be adopted by the
Judicial Council by the end of the year relating
to requirements for admission
to the judicial
profession.
Under the previous regime,
judicial
appointments
had been made without regard to such requirements.
The criminal investigation
department had been reorganised as the judicial
police department with
Assembly was expected to adopt
essentially
the same mandate. The Legislative
a law making that department accountable only to the Public Prosecutor’s
Oftice and the judiciary
and no longer to the executive branch.
The process
of weeding out many undesirable members of the criminal investigation
department was continuing.
The reforms carried out in the Public Prosecutor’s
Office were in their final phase, with the dismissal of certain prosecutors on
the basis of incriminating
information
and the appointment of their
A bill dealing with the prison system had been drafted and was
replacements.
currently
being considered by the legislative
branch.
There was a chapter of
the Bar in each of the country’s
nine provinces.
Membership of the Bar
consisted of about 3,500 practising
lawyers, and it had recently
been a
critical
factor in the development of new legislation.
441. Replying to additional
questions posed by members of the Committee, the
representative
explained that it was difficult
at the present time to
establish the legal ranking of the Covenant tis -ba vi6 the Constitution
because
of the division
of opinion between internationalists
and constitutionalists.
The forthcoming constitutional
reform would not help to solve that problem, as
it would focus on the elimination
of militarism.
There were no persons
imprisoned for their political
views in Panama and no exiles,
as no one had
Act No. 112 of 1974 had not yet been repealed.
been expelled.
Court
judgements were not open to writs of unconstitutionality
but were subject to
repealed specific
laws but did not
amDarO* Rulings of unconstitutionality
restore pie-existing
situations.
Insane persons or those under the influence
of drugs could be detained in order to safeguard their lives or health.
of movemention
of aliens
442. In connection with that issue, members of the Committee wished to know
what was the distinction
between expulsion and deportation;
whether an appeal
against an expulsion order had suspensive effect:
whether the denial of the
possibility
of appeal from expulsion orders issued for reasons of health
and
public policy was compatible with article
13 of the Covenant: which illnesses
could constitute
grounds for the expulsion of aliens for reasons of health1
and whether the Government could arbitrarily
decide to resort to expulsion
rather
than
deportation.
443. In reply,
the representative
said that expulsion
orders
were used where
foreigners
who had met the requirements
for entry
into
the country
were found
to be undesirable
on various
grounds,
including that of national security.
Deportation
orders
applied
where aliens
had not complied
with
the requisite
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