Communication No. 289/1988 Submitted by: Dieter Wolf Date of communication: 30 January 1988 Alleged victim: The author State party: Panama Date of adoption of Views: 26 March 1992 (forty-fourth session) under article 281 of the Panamanian Criminal Code, individuals who issue uncovered cheques are entitled to a “grace period” of 48 hours to settle their debts, so as to avoid arrest and detention. The author was not given this grace period but was instead immediately imprisoned at the Modelo prison. When he complained and invoked article 281 of the Criminal Code, he was transferred 300 kilometres away to the island of Coiba, which houses a penitentiary for inmates sentenced to hard labour. He claims that he has never been brought before a judge. Subject matter: Inhumane treatment of prisoner Procedural issues: Notion of victim— Substantiation of claim—State party’s duty to investigate and clarify the matter—Nonexhaustion of domestic remedies Substantive issues: Right not to the subjected to cruel, inhuman or degrading treatment—Right not to be subjected to forced labour—Unlawful arrest—Right to be promptly brought before a judge—Right to humane treatment, including the right to be separated from convicted prisoners— Fair trial—Right to adequate time and facilities to prepare one’s defence and to communicate with counsel—Right to be tried without undue delay—Right to be tried in one’s presence— Equality of arms 2.2 The author insists that when he was transferred to Coiba, no judgement against him had been delivered. Furthermore, although he had requested legal assistance, he was not given access to legal counsel. If legal counsel was ever assigned in his case, he never had any contact with him. Articles of the Covenant: 7, 8(3)(a), 9(1) and (3), 10(1) and (2)(a) and 14(1) and (3)(b), (c) and (d) 2.3 As to the judicial proceedings in his case, the author notes that 11 of the above-mentioned cases of alleged fraud were joined by the court of first instance (Juzgado Quinto). In September 1985, the judge sentenced him to three years and seven months of imprisonment on nine of counts cheque fraud, while acquitting him on two counts. The author submits that no public hearing took place, and that he was unable to attend court, since he was detained at Coiba prison. Articles of the Optional Protocol: 1, 2, 4(2) and 5(2)(b) 1. The author of the communication is Dieter Wolf, a German citizen who, at the time of his initial submission to the Committee, was detained at the Isla de Coiba penitentiary in Panama. In September 1988, he was released and allowed to leave the country: since July 1989, he has resided in Germany. By letter of 2 July 1990, he requested the Committee to proceed with the examination of his communication. The author claims that his human rights have been violated by the authorities of the Republic of Panama. Although he does not invoke violations of specific provisions of the International Covenant on Civil and Political Rights, it appears from the context of his submissions that he claims violations of articles 9, 10 and 14 of the Covenant. 2.4 The author himself prepared and filed the appeal against the conviction, but surmises that this was never seen by the Court of Appeal. He subsequently learned that the appeal had been dismissed on an unspecified date, although he was never able to see the written judgement. He then wrote to the court and requested the assignment of a legal aid representative, so as to be able to appeal to the Court of Cassation, he did not receive any reply. The facts as submitted by the author 2.5 With regard to the proceedings concerning a twelfth cheque, issued in the amount of $169 to the order of a local supermarket, the author states that he was tried 2.1 The author indicates that he was arrested on 14 January 1984 on charges of having issued a total of 12 uncovered cheques, for amounts ranging from US$ 25 to $3,000. He explains that 80