by the First Criminal Court (Juzgado Primero) of
San Miguelito, although, under applicable
Panamanian law, this case should also have been
joined with the other ones. In respect of this case,
the author explains that he received a notice of
trial in October 1984, when detained at Coiba,
without the text of the indictment. He was
subsequently kept in the dark about the course of
the proceedings and not called to appear before
the judge. The Court passed judgement
on 15 September 1988, four and a half years after
his arrest.
that he was never brought before a judge: he
emphasizes that these elements constitute not
only violations of the Covenant but also serious
violations of Panamanian law.
2.6
In respect of both cases pending before
the Juzgado Quinto and the Juzgado Primero
of San Miguelito, the author posted bail
on 14 March 1986 for a total of $4,200. On an
unspecified date in the spring of 1986, he was
released on bail.
3.3
As to the conditions of detention, the
author complains about ill-treatment in the
Modelo prison (see para. 2.8 above). He adds
that he had to perform forced labour at Coiba
prison although no sentence had been
pronounced against him. In the latter context, he
claims, in general terms, that inmates on Coiba
are physically abused, beaten, tied to trees,
denied food and obliged to buy some of their
food from the prison commander, who is said to
confiscate 40 per cent of the food sent from
Panama City and then sell it to the inmates.
3.2
It is further submitted that the judicial
proceedings the in case were unreasonably
prolonged: in particular, the Juzgado Primero of
San Miguelito only rendered its judgement
in respect of the allegedly uncovered cheque
of $169 in September 1988, over four and a half
years after Mr. Wolf’s arrest.
2.7
In August 1986, the author was
rearrested and charged with issuing two more
uncovered cheques. Bail was revoked, and the
author returned to prison. The two new cases
were assigned to the Eighth Criminal Court
(Juzgado Octavo) of Panama. The author submits
that, as in the other cases, no and oral public
hearing took place, that he was denied access to
counsel, and that he was informed of the
judgement against him in July or August 1988,
when still detained at Coiba prison.
State party’s information and observations
4.1
The
State
party
contends,
in
submissions made both before and after the
Committee’s decision on admissibility, that
the communication is inadmissible on the ground
of non-exhaustion of domestic remedies and
observes that criminal proceedings were still
pending against him. It explains that “Panama’s
legal system provides effective remedies under
its criminal law against (for example) the
committal
decision
taken
pursuant
to
articles 2426 to 2428 of the Panamanian Code
of Criminal Procedure. The applicant faces a
number of criminal charges in connection with
which no judgement has yet been given; the
normal procedure is being followed. He may,
however, appeal to a higher court against the
committal decision, in addition to resorting to all
the remedies specified under criminal law”.
2.8
The author notes that he informed the
Embassy of the Federal Republic of Germany of
his arrest. During his brief detention at the
Modelo prison, he was not allowed to speak
without supervision with officials from the
Embassy. After the Embassy lodged a formal
protest with the Foreign Ministry of Panama, he
was allegedly ill-treated and confined to a special
cell, together with a mentally disturbed prisoner,
who allegedly had killed several other inmates.
In the same context, the author states that all his
property was stolen in the prison, and that he was
denied food for five days. Finally, he contends
that officials of the German Embassy were
denied the right to visit him at Coiba prison.
4.2
As to the facts of the case, the State
party notes that on 16 September 1985, the
author was sentenced to three years’ and seven
months’ imprisonment for 11 counts of cheque
fraud.1 Had he served the full term, he would
have been released on 8 January 1988. He was,
however, released on parole by Executive
Complaint
3.1
The author claims that, in each of the
criminal cases against him, he was denied a fair
and public hearing by a competent, independent
and impartial tribunal, in that he was not heard
personally and not served sufficiently motivated
indictments. He further complains that, at all
times, he was denied access to legal counsel and
1
The author claims to have been convicted on nine
counts and acquitted on two (para. 2.3).
81
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