amnesty provisions in Panama and the effects an amnesty might have on the
of filing a complaint or b~inging a civil suit.
possit~lity
222. Concerning article 14 of the Convention, members of the Committee asked
which measures had been t8k~n in Panama with 8 view to the social
reintegration ~f dvtainees and for the medical rehabilitation of victims of
torture and ill-treatment. In that connection, it was asked whether the
Panamanian delegation could indicate how many Officials had been implicated in
cases of ill-treatment sincv the Convention had been ratified. Noting that
the CiVil Code did not refer to the right of the vic~tim of an act of torture
to obtain com~ensatlon, members of the Committee requested more detailed
infor~aticn or that point.
They asked in particular for data on
indemnification and the amount and nature of possible compensation.
213. Noting that Panamanian le~ialation did not contain provisions for
implementing article 15 of the Convention, members of the Committee asked
which internal measures the State took to prevent a statement obtained under
torture from being invoked as evidence, in accordance with the Convention, and
what effect proceedings woul~ have in a case w~ere evidence had been obtained
under torture.
224. With regard to article 16 of the Convention, members of the Committee
wishod to know which criteria were used to differentiate between the offence
of torture and disriplinary ~r administrative violations.
225. In reply to the questions raised by members of the Committee, the
representative oC Panama stated that it was of course possible thal the act
which had ratified the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment could be supersed~d by another act.
However, in a~cordance with the provisions of article 31 of the Convention,
denunciation would not become e(fective until one year after the necessary
written notification had been received by the United Nations
Secretary-General. The new democratic Government was concerned about th~
widespread abuses that had pre~ailed within the prison system during the
20-year period of dictatorship from 1968. It had undertaken to restructure
the national police force. Cab1net Council Decree No. 38 of 10 February 1990
had abolished the former Defence Force, establishing a r.ational police force
directly responsible to the executive organs whose actions w&re subject to the
Constitution and the laws of the Republic and whose tasks included ensuring
respect for human rights and support for democratic institutions. As a result
of the action tak~ by the Govercment with rtspect to the reorganization of
the police Corce,ne latter was qradu8l1y winning confidence and beginninq to
perform its role efficiently.
226. With regard to article 1 of the Convention, the representative said that
it was up to the judqe to determine, on the basis of expert advice, whaL in
any qiveh case constituted phyclical or mental Fain or suffering amountinq to
torture.
227. Turning to article 2 of the Convention, the representative ~t8ted that
the legislation governing the national pri50n system dated back to 1941 and
had not been substantially amended since. However, 8S part of efforts to
update the 1941 legislation, measures were beinq taken to en6~re that the
United Nations Standard Minimwn Rules for thll Treatment of Plisonel6 were
-41-
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