applied to all prisoners. Many shortcomings still had to be overcome,
particularly with regard to overcrowdir". In 1990, &mnesties and pardons for
those convicted of political crimes and reduction in sentences for
350 ordinary offenders had alleviated the problem of overcrowding. At the
start of 1990, less than 10 per cent of the prison population had been
convicted of offences and almost ~l per cent had been prisoners on trial or
awaiting trial. According to the most fecent statistics, the number of remand
prisoners and prisoners on trial hBd fallen to 81 per cent and it was haped
that it would drop further to 60 or 50 per cent within one year ar a result of
the application uf Act No. 3 of 1990. Technical teams composed of social
workers, psychologists and criminologists were needed. Prisoners had to be
properly classlfied within the prisons. The representative further indicated
that the Government of Panama had taken a number of practical steps to ensure
the dignity of individuals detained in prison. It had allocated the
equivalent of some $5.4 million for the construction of a new detention
centre. was mindful of the problems existing in the prison system and was
making every affort to ensure that detainees were not mistreated.
228. With respect to article 4 of the Convention, the representative pointed
out that, siuce 1983, the Panamanian Penal Code had contained provisions on
offences against the integrity of the person. with particular reference to
violations involving unnecessary suffering inflicted by pUblic officials. In
all cases. the decision as to guilt was made by the officiating judge on the
basis of expert advice. If the person concerned was found to have been
responsible for cruel, inhuman or degrading trea~ent, an application on his
behalf for bail could be denied. Public officials found guilty of such
offences faced sentences of 10 to 15 years' imprisonment. There was no
capital punishment in Panama.
229. In connection with artiCle 7 of the Convention, the representative ga~e a
detailed description of the three phases of climinal proceedings in Panama and
point~d out that the persons accused of an offence were entitled to be brought
before the competent authorities within a period oC 24 hours and. when
formally charged. had to be informed of their rights. They were entitled to
the services of a defenca counsel, paid for and appointed by the State it the~
were without means. Accused persons could. however. defend themselves in
person if they so wished. Pre-trial detention was the responsibility of the
Public Pros<lcutor's Office and should not normally exceed two months'
duration. However, if the offence was of a serious nature or if repeated
offences were invol'/Ad it could be extended to four months, subject to the
remedy of hAbl~~ul. As a safeguard against arbitr&ry detenti(,n by the
State. the Penal Code made provision for compensation on the grounds of
material or moral injury and for setting aside cases after a period of one
year's detention. Criminal legislation in Panama prohibited solitary
confinement or incommunicado d~tention, and affirmed the principle of the
presumption of innocence. Defendants who alleged ill-treatment when in
custody could request a medical examination by a doctor of their own choosing
and could submit evidence of such ill-treatment in the court proceedings.
There were no political prisoners in Panama. A number of former political
figures had been charged but the offences in question were common crimes
committed while they had held political oCfice. not political crimes. The
represdntative indicated that no speciCic programmes were envisaged for drug
traffickers. The Government's policy was to try to ensure that they were
-42-
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents