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| DEVELOPMENTS
        IN THE SITUATION OF HUMAN RIGHTS IN PANAMA   INTRODUCTION            
        During its forty-seventh session, held in
        Washington D.C., the Inter-American Commission on Human Rights decided
        to include in its Annual Report to the General Assembly, a summary of
        the developments in the situation of human rights in Panama during 1978.            
        This first report published by the
        Commission on the Situation of Human Rights in Panama (OEA/Ser.L/II.44,
        doc. 38, rev. 1, June 22, 1978), published on December 8, 1978, went
        only as far as June 1 of that year. 
        Based largely on data obtained during an in loco
        observation, the report presented that following conclusions and
        recommendations:            
        Conclusions                      
        The Commission believes that the present
        report contains the most important information with regard to the
        situation of human rights in Panama from the current Government’s
        taking power until the first of June of 1978, and that this information
        permits the following comment with respect to the observance of these
        rights.            
        The Commission believes, moreover, that it
        is useful to underline certain special aspects, in order to facilitate
        an understanding of what has occurred in Panama, as well as the reasons
        for the recommendations that are made in this report.            
        The events examined correspond to a period
        of nine years; however, particular emphasis is given to the events and
        the impressions from the on-site observation. During these nine years,
        two periods should be distinguished, one which begins in 1968, the year
        of the coup d’état from which the current Government emerged and
        which ends en 1972, when the current Constitution was approved, and a
        second which commences with the new Constitution and continues until
        June 1, 1978, the date in this report.            
        In the first period (1968-1977), the regime
        adopted a political-juridical structure set forth in the Constitution of
        1972. With respect to human rights situation, there was evident
        improvement, although the following types of violations could be noted:
        1) the expatriation of Panamanian citizens for political reasons, in
        clear violation of the Constitutional provisions; 2) restrictions on the
        freedom of assembly, expression and association, especially when of a
        political nature; and 3) interference in the judicial process by
        government officials. There has not been effective protection of the
        above rights because of important factors which seriously affect the
        independence of the judiciary, with resultant, negative fall out on the
        freedoms and guarantees related to the due process of law.            
        Information available to the Commission,
        however, does not go so far as to present a picture of a systematic
        violation of fundamental rights. Rather, such information indicates that
        there has been progress as regards respect for traditional democratic
        freedoms, although in the opinion of one group interviewed by the
        Special Commission, such progress is temporary. Other interviewees
        emphasized that continued progress is uncertain because of the lack of
        an institutionalized base to guarantee it.            
        The Government of Panama, aware of this
        problem, informed the Special Commission that it was willing to receive
        suggestions from Panamanians and from the IACHR to improve the
        observance of human rights. This attitude was expressed during the visit
        of the Special Commission, for example, in the case of the repeal of
        Decrees 341 and 342, which were the object of conversations between the
        Special Commission and Panamanian authorities, and later, the repeal of
        Decree 343.            
        Likewise, the improvement of the situation
        referred to previously in these conclusions should be considered in the
        context of three particularly relevant conditions: the juridical and
        political preeminence of the Head of Government, the absence of
        political control by the representative body, because it does not have
        the necessary powers for that purpose, and the existence of factors that
        interfere with the structural and operative independence of the
        Judiciary. These three conditions are closely related to the political
        as well as to the constitutional reality, but, they constitute
        situations which encumber Panamanian life and tend to promote a lack of
        respect for human rights. These realities can affect—or do affect,
        according to important groups of Panamanians—the implementation of the
        new system of political representation and popular participation created
        by the regime and set forth in the Constitution of 1972, that is to say,
        the system of representation by districts (corregimientos). In the final
        analysis, the constitutional powers of the Head of State, which are very
        broad give the Head of State great power without any significant
        counterbalances, which by its very nature not only opens the door to an
        abuse of power, but also permits in practice, the annulment, limitation
        and distortion of the effective exercise of political representation and
        popular participation, not to mention, of course, the observance of
        other rights and guarantees. In this regard, it is important to note
        that many persons critical of the system of representation by corregimientos
        also expressed doubts about the representative character of the old
        system.            
        The following recommendations are intended
        to assist the Government of Panama, and in general, the people of
        Panama, in their desire to improve the situation of human rights.   Recommendations            
        1-         
        To take all necessary measures to insure the independence of the
        Judiciary and to instruct all officials of the Executive branch to
        comply with all judicial orders.            
        2.         
        To adopt the necessary measures for the protection of persons
        held in custody—whether for interrogation, pre trial, detention,
        incarceration following conviction and sentencing or for any other
        purpose—from physical abuse or the threat thereof by officials.
        Particular efforts should be made to prevent the sexual abuse of women
        held in custody.            
        3.         
        To strictly apply the national and international rules
        prohibiting forced labor of persons in custody who have not been
        convicted and sentenced by the appropriate judicial authority.            
        4.         
        To provide persons accused of criminal offenses with adequate
        means to prepare and present their defense. Some steps that might be
        taken are the following: (a) provision of legal assistance to all
        accused persons; (b) provision of ample opportunities for accused
        persons to consult regularly with counsel, to participate in the
        preparation of their defense and to be informed expeditiously of all
        steps taken in connection with the processing of their case; (c) full
        implementation of the Panamanian law governing visitation of centers of
        detention by judges, and (d) elimination of existing night-court
        procedures which allow persons to be sentenced to prison terms without
        any real opportunity to prepare their defense.            
        5.         
        To implement the international norms, reflected in the Panamanian
        Constitution which, for example, precludes the expatriation of
        Panamanian citizens except as an option available to persons who have
        been tried or convicted in judicial proceedings satisfying all of the
        requirement of the due process of law.            
        6.         
        To take steps to allow judicial review of cases involving persons
        convicted by administrative action under Decree Law 342.            
        7.         
        To guarantee individuals the right to organize and assemble for
        peaceful political purposes and to disseminate their views among the
        general population.            
        8.         
        To apply generally recognized norms for the classification and
        separation of persons in custody.            
        9.         
        To accelerate efforts to relieve the existing congestion in
        detention centers and prisons and to assure the availability of adequate
        medical services for all persons held in custody, taking into account
        the particular needs of each place. In light of the work activities
        required of prisoners on the Island of Coiba, improved medical
        facilities are particularly required there.            
        In accordance with the Commission’s
        practice the report, including the conclusions and recommendations were
        sent to the Government of Panama; the Commission requested the
        Government to formulate its observations or comments. In a note dated
        October 27, 1978 the Government replied in the following terms,
        detailing the legislative changes that had been made and specifying the
        measures taken to improve the observance of human rights:           
        Mr. Edmundo Vargas Carreño         
        Executive Secretary of the         
        Inter-American Commission of           
        Human Rights         
        Organization of American States         
        Washington, D.C.           
        Dear Mr. Vargas:           
        At the instructions of the Minister of
        Foreign Affairs of the Republic of Panama, Dr. Carlos Ozore T., I have
        the honor to convey to you observations and comments on the report on
        the situation of human rights in Panama, approved by the Inter-American
        Commission on Human Rights at its Fortieth Session.           
        First of all, we are pleased to note that
        mention is made in the introduction of the report of the fact that the
        Commission’s on-site observation was based on an express invitation by
        the Head of the Panamanian Government, General Omar Torrijos Herrera,
        dated September 13, 1977 as well as of the statement to facilitate by
        all means the performance of its mission were extended to the IACHR,
        which enabled it for the first time in its history to examine the
        functioning of a country’s criminal justice system, and that this was
        due to the full cooperation of the Government of Panama.           
        We are also pleased to observe that the
        comments made under the heading “Legal Framework,” although rather
        condensed, reflect quite objectively that the constitutional and legal
        provisions in effect in Panama are clearly aimed at guaranteeing respect
        for an observance of human rights.           
        According to the chapter on conclusions,
        the report intends to reflect the status of rights in Panama up to June
        1, 1978. Without analyzing at this time whether that purpose is fully
        accomplished, and refraining from examining specific aspects of the
        report, we believe that to end it at that date does not present an
        adequate reflection of the Panamanian situation. From June until the
        present date, basic changes have occurred which, in our opinion, should
        be included in the report. These changes are of such importance that
        they cannot be left aside. The report, if published in its present
        version, would reflect some situations that no longer exist.           
        As one example, we mention the fact that
        last October 25 the National Assembly of Municipal Representatives
        approved an Act amending the Constitution of Panama. This Act amends
        Articles 41, 129, 140, 141, 143, 145, 146, 147, 148, 149, 150, 151, 152,
        153, 154, 157, 163, 164, 172, 173, 180, 181, 235, 237, and added
        Articles 153A and 153B.           
        Next we should like to comment on the
        content of the constitutional amendments and other significant aspects,
        which in our opinion, should be taken into account for inclusion in the
        Commission’s report.           
        I. Constitutional
        Amendments           
        The amendments to the Constitution include
        matters of major importance, such as the following:           
        1) The
        legislative function shall be exercised by the Plenum of the National
        Assembly of Municipal Representatives and the National Legislative
        Council. In accordance with Article 146, as amended, the National
        Legislative Council shall be set up in the following manner.           
        1. The
        President of the National Assembly of Municipal Representatives who
        shall preside. In his absence, the Vice President shall replace him;           
        2. Four
        (4) Municipal Representatives from each Province and one (1) from the
        Region of San Blas and the Municipality of Puerto Obaldía for a term of
        two (2) years. They shall be chosen by a majority vote of
        Representatives of each province in an election among and by the
        Representatives of the municipalities of the respective province at a
        meeting to be convoked and chaired by the Vice President of the National
        Assembly of Municipal Representatives of the Province every two (2)
        years, within ten (10) days following October 11. Each of these members
        shall have an alternate representative who shall be a municipal
        representative and who shall be elected in the same manner.           
        3. Two
        (2) provincial representatives and one (1) from each political region or
        division created by law in the indigenous areas and their respective
        alternate representatives, elected by direct popular ballot for a term
        of six (6) years. The provisions of the Constitution contained in
        Articles 133 and 134 shall be applicable to the provincial
        representatives, except that residence shall refer to the province;
        Articles 135 and 136, and, in the latter case, the restriction in the
        first paragraph is extended to the state; Article 137, except where
        prior authorization must be given by the National Legislative Council;
        and Article 139.           
        The provincial representatives referred to
        in paragraph 3 shall be elected in 1980 with the participation of the
        political parties.           
        2) As
        of 1984, the President and Vice President of the Republic are to be
        elected directly.           
        3) Among
        the administrative functions of the National Assembly of Municipal
        Representatives are the following:           
        “To approve or reject the appointments of
        the Justices of the Supreme Court and their alternates, the Attorney
        General, the Comptroller General and the Assistant Comptroller General
        of the Republic, the Prosecutor and his alternate.”           
        4) As
        of October 11, 1977, Article 277 of the Constitution ceased to be in
        effect.           
        The members of the Inter-American
        Commission on Human Rights are surely not unaware of the impact of these
        amendments, and they will be able to make an exhaustive analysis of that
        impact on the basis of the text of the Reform Act, a copy of which is
        attached.           
        II. Political
        Parties           
        On October 5, 1978, the National
        Legislative Council approved Law 81 of October 5, 1978, governing
        political parties and establishing January, 1979 as the time for them to
        receive legal standing through the corresponding registration process.           
        The text of Law 81 of 1978 is attached.           
        III. Practice
        of Journalism           
        Through Law 67 of September 19, 1978,
        journalism is given professional standing. A copy of this Law is also
        included.           
        IV. Exiles           
        Apart from the aforementioned aspects, we
        also wish to bring to the attention of the Commission the fact that the
        same day the United States Senate approved the resolution ratifying the
        Canal Treaty, the Head of the Panamanian Government announced that there
        would be no limitations or conditions for the return of exiles to the
        country. This has been honored.           
        V. Pardon
        of Common Criminals           
        The Panamanian Government’s respect for
        freedom is also demonstrated in specific actions such as Decree Nº 3 of
        October 10, 1978, whereby a pardon was decreed in favor of 215 common
        prisoners who deserved a pardon for good conduct. A copy of this decree
        is also attached.           
        It is not our intention to comment on each
        of the individual cases referred to in the report. The Commission’s
        requests for information have been amply and promptly met. We shall
        continue to respond in this manner.           
        Finally, we wish to state to the members of
        the Inter-American Commission on Human Rights that the Panamanian
        Government continues to recognize that body’s role, which is not only
        to investigate violations of human rights, but also to disclaim, through
        its reports, unfounded charges made against countries such as ours that
        respect those rights.           
        Please accept the assurances of my highest
        consideration.           
        Juan
        M Manuel Castulovich         
        Vice
        Minister of Foreign Affairs            
        Because of the cooperation provided by the
        Government of Panama in providing documentation and adopting measures
        that contributed to the observance of human rights in a number of areas,
        the Commission decided, as indicated in the following resolution, to
        publish its report, but not to send it to the General Assembly of the
        Organization.   RESOLUTION
        ON THE SITUATION OF HUMAN RIGHTS IN
        PANAMA           
        WHEREAS:           
        The Government of Panama, in a cable dated
        September 13, 1977, extended an invitation to the IACHR to visit Panama
        and prepare a report on the situation of human rights, and gave all
        possible assurances that the IACHR would be entirely free to conduct its
        investigations during that visit;           
        At its 42nd session (Washington,
        D.C., October 31 – November 12, 1977) the IACHR resolved to accept the
        invitation and communicated its decision to the Government of Panama in
        a cable of November 7, 1977;           
        A Special Committee appointed by the IACHR
        conducted an in loco observation in Panama, from November 29
        through December 7, 1977;           
        The Report of the Special Committee was
        submitted to the IACHR for consideration at its 44th session
        (Washington, D.C., June 8-23, 1978), which at its 580th
        meeting, held on June 22, 1978, approved the Report on the Situation of
        Human Rights in Panama, which was sent to the Panamanian Government on
        August 15, 1978;           
        In a note dated October 27, 1978, that
        Government forwarded its observations and comments on the Report to the
        IACHR;           
        Those observations and comments basically
        concern the changes that have occurred in Panama’s legal system
        subsequent to the Report’s approval.   THE
        INTER-AMERICAN COMMISSION ON HUMAN RIGHTS   RESOLVES:             
        1. To
        publish the Report approved by the IACHR at its 580th meeting
        on June 22, 1978, together with a communication received from the
        Government of Panama on October 22, 1978, containing that Government’s
        comments and observations on the Report.           
        2. To
        reiterate its satisfaction with the measures taken by the Government of
        Panama during the Special Committee’s visit and subsequent to the
        visit, which are in response to the recommendations made during the in
        loco observation, such as the repeal of Decree 342 and 343.         
        3. To
        note that the recent amendments to the Constitution of Panama and the
        enactment of other laws tend to improve the conditions for effective
        observance of human rights.           
        Of the changes made in the legal system of
        Panama, the following should be mentioned:           
        a) The
        end of the enforcement of the transitory provision contained in Article
        277 of the Constitution, commented upon on pages 12, 13, 119 and 120 of
        the Report of the IACHR.           
        b) The
        power given to the National Assembly of Municipal Representatives to
        approve or reject the appointments of the Justices of the Supreme Court
        and their alternates, the Attorney General, the Comptroller General and
        the Assistant Comptroller General of the Republic; the Prosecutor and
        his alternate; and           
        c) The
        amendments by which the National Assembly of Municipal Representatives
        now takes part in the legislative function.           
        4. To
        express again its satisfaction with the decision taken by the Government
        of Panama to allow, without limitations or restrictions, the return to
        Panama of the citizens of that country who are now in exile.           
        5. To
        recall that approval of the Report on the Situation of Human Rights in
        Panama and of this resolution is done without prejudice to the
        continuation of the regulatory processing of the individual cases on
        alleged violations of human rights in Panama.            
        This summary of developments in the
        situation of human rights in Panama during 1978 is based on information
        received by the Commission in the form of general data, and individual
        cases being processed in accordance with the Regulations. The
        legislative changes and other measures adopted by the Government were
        adequately covered in the observations submitted by the latter (see
        paragraph 3 above).   THE
        RIGHT TO LIFE            
        Since June 1, 1978, the Commission has
        received information concerning the alleged responsibility of the
        Government of Panama in connection with three deaths:            
        a)         
        Román Rivera Montenegro (Case 2936) died on June 16,
        1978, in the town of Capira as a result of blows received at the hands
        of the Guard following his arrest along with other members of the
        opposition party. In a note dated July 17, 1978, the Government of
        Panama reported to the Commission that charges had been filed against
        five members of the Guard and that officials from the Third Judicial
        District were investigating the matter.            
        b)         
        Jorge Antonio Camacho Castro and Demóstenes Rodríguez
        (Case 2968), university students who died from bullet wounds. Other
        students were wounded while taking part in a peaceful meeting at the
        Universidad de Panamá. The students were attacked by members of the
        Panamanian Student Federation (Federación de Estudiantes Panameños), a
        rival student organization which seems to have some connection with the
        party now in power. Government authorities have been accused in this
        case. An official investigation has been initiated and the Government of
        Panama has responded to the Commission’s request for information.   THE
        RIGHT TO SECURITY AND HUMAN TREATMENT            
        a.         
        With regard to the right to security and humane treatment, the
        Commission recommended in its report that the Government of Panama
        implement the recognized standards for classification and separation of
        detainees, that it make sure that adequate medical facilities are
        available to them, especially on the Island of Coiba, and that it adopt
        measures to protect these individuals, so that they may not be subjected
        to physical mistreatment or threats on the part of officials. No
        information has been provided to the Commission with regard to the
        measures taken in this report.            
        b.         
        The only case presented to the Commission during the period of
        time in question is that of Rodolfo Raúl Bravo and a number of other
        individuals detained in Capira on June 16, 1978, who were tortured by
        the Guard in the same incident described above in the case of Román
        Rivera.   THE
        RIGHT TO FREEDOM: FORCED LABOR            
        Although the Commission recommended to
        Panama that it apply domestic and international standards prohibiting
        forced labor by individuals who have not been found guilty or condemned,
        the Government has not informed the Commission of the measures taken in
        this report.   THE
        RIGHT TO A FAIR TRIAL AND TO DUE PROCESS OF LAW            
        a.         
        The Commission made a number of specific recommendations with
        regard to the measures to be taken to guarantee individuals accused of
        criminal offenses the adequate means to prepare and conduct their
        defense (see paragraph 4, Recommendations); however, the Commission has
        not been informed of the measures adopted in this area.            
        b.         
        One of the Commission’s major concerns with regard to the right
        to due process and a fair trial was the existence of night courts which
        led to numerous violations of these rights. The Commission knows of no
        measure taken by the Government in response to its recommendations.   THE
        RIGHT TO FREEDOM OF EXPRESSION            
        In its report, the Commission singled out
        certain laws and situations that seemed to lead to violation of the
        right to freedom of expression. The following events and situations were
        denounced to the Commission during the course of 1978.            
        a.         
        On June 2, 1978, a mob, apparently instigated by the Government,
        threw rocks at radio station RADIO MIA. According to the allegations,
        the calls from the station requesting police protection were ignored
        until after the incident, although two police patrols could be seen from
        the station while it was being attacked.            
        b.         
        By virtue of Resolution Nº 04, of June 15, 1978, the Government
        of Panama cancelled the license of JUAN BARRERA SALAMANCA (Case 3846)
        for an indefinite period, due to “disrespectful comments concerning
        the Vice Minister of Government and Justice, César Augusto Rodríguez
        Maylin,” which it is alleged, were said during his program “The
        Fourth Power,” broadcast by “RADIO FEMENINA”. On the 16th,
        Barrera was arrested by agents from the G-2 and taken to a cell in the
        Investigating Department (DENI) where they held him incommunicado
        until 3:00 p.m. the following day.            
        c.         
        Again in June, another two radio journalists, JULIO ORTEGA from
        “RADIO MIA” and ANDRÉS VEGA from radio “LA EXITOSA” were
        informed by the Ministries of Government and Justice that they had to
        discontinue their political commentaries.            
        d.         
        Decree Nº 67, of September 9, 1978, cited by the Government in
        its Observations as a measure intended to give journalists professional
        standing requires that journalists obtain a license from the Government.
        It also requires that foreign journalists register with the Technical
        Board on Journalism, where they must obtain a special license valid only
        for the period of their mission. A number of sources allege that this
        system has been set up in order to control possible criticism of the
        Government.   THE
        RIGHT TO VOTE AND TO PARTICIPATE IN GOVERNMENT            
        a.         
        On August 6, 1978, 505 representatives were elected to the
        National Assembly of Municipal Representatives, which in October
        appointed the new President of Panama. Official observers sent by the
        OAS at the Government’s request presented their report on August 7,
        1978.            
        b.         
        The Commission’s first report pointed out the structural
        defects in Panama’s political system. As a result of those defects,
        the membership of the Assembly was not egalitarian. A number of
        constitutional changes, pointed out earlier in the observations made by
        the Government of Panama on the Commission’s report, could reduce the
        problem. For example, in 1984 the President of Vice President will be
        elected through direct popular elections.   CONCLUSIONS            
        Although the Commission has observed
        gradual and steady progress in the observance of human rights in Panama,
        some irregularities and limitations in terms of the full enjoyment of
        those rights still persist.            
        At the same time, the Commission is pleased
        to point out that a number of recommendations that it made to the
        Panamanian Government in its earlier report have been implemented by the
        Government; however since implementation of the remaining
        recommendations would help to provide effective protection of the
        fundamental human rights in Panama, the Commission reiterates the need
        that those other recommendations be carried out to the fullest.   
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