Human Rights Committee

Ninety-second Session

2519^th & 2520^th Meetings* (AM & PM)

HUMAN RIGHTS COMMITTEE TAKES UP THIRD REPORT OF PANAMA ON COMPLIANCE

WITH INTERNATIONAL COVENANT ON CIVIL, POLITICAL RIGHTS

 

Country’s Representative Says Justice System Reform Under Way;

Prison Overcrowding, Criminal Case Backlog among Issues Raised by Experts

While noting Panama’s ongoing efforts to promote the fundamental rights of all its citizens, experts on the Human Rights Committee today expressed concern that the Government’s recognition of the need for reform had not been matched by actual improvements in the country’s judicial and penal institutions, especially in light of reports that prolonged and pre-trial detention was common, and that overall prison conditions in the country remained harsh.

As the Committee began its two-meeting consideration of Panama’s third report on compliance with the International Covenant on Civil and Political Rights, several experts expressed appreciation for that country’s progress, noting the number of serious measures and provisions that had been adopted over the last few years addressing refugee issues, the right to life and guarantees for freedom of expression.

However, Nigel Rodley, expert from the United Kingdom, was among those calling for more targeted efforts to address shortcomings in the country’s penal system, especially to deal with prison overcrowding and rehabilitation of detainees.  Remarking that it was very difficult to “build one’s self out of an overcrowding problem”, he said that, while the Government seemed to have a host of plans and programmes in the works, currently:  “The whole system seems to be structured to create an untenable situation.”

With that in mind, he asked Panama’s delegation what measures were in place to ensure that the criminal justice system did not just keep churning out prisoners -- 60 per cent of whom were supposed to be only pre-trial detainees in the first place.  Further, he wondered when the slow-going reform of the judicial system was likely to lead to a reduction in the backlog of criminal cases, especially since it appeared that the accumulation of unresolved cases had led to a number of other problems, including prolonged detention and prison overcrowding, among others.

He went on to express general concerns about the nature of pre-trial detention in Panama -- not when persons were sent to an actual detention centre, but at earlier times and places, including in police stations.  He wounded about the length of time persons could be held at such places and whether they had access to the outside world during those times.

Similarly, Christine Chanet, expert from France, stressed that, while the use of electronic bracelets to monitor movement of pre-trail detainees was an interesting initiative, that project and others were only at the experimental stages.  Larger issues remained about detention, especially on the impact of minimum time frames and the presence of an attorney.  She asked what happened when Government prescribed time frames were not respected.  Further, what criteria were considered for release and for detention in the first place?  Was there a system for release on bail? she asked.

In his opening remarks, head of delegation and Permanent Representative of Panama to the United Nations in Geneva, Juan Alberto Castellero, said that justice system reform was under way.  A new Penal Code was set to be adopted in early May that reflected social changes and international standards.  The Government was aiming to ensure that judicial officials worked in transparency and carried out their duties in light of relevant principles and norms.

Another member of the delegation said that work being undertaken by non-governmental organizations and Panama’s Human Rights Ombudsman allowed the Government to evaluate more clearly issues of prison overcrowding.  Acknowledging that recent reports had detailed a difficult situation in Panama’s prisons, he said that problems of sanitary drinking water, the lack of rehabilitation programmes and severe overcrowding had prompted Panama to enact a number of initiatives to tackle these issues.  Yet, the overcrowding issues could not be solved overnight, he added. 

He said a budgetary increase of nearly $20 million was currently being sought to increase the number of doctors and social workers assigned to the prison system.  Meanwhile, the master plan sought the creation of new prisons to replace older prisons on a medium-term schedule, while another plan would allow for several centres to be established by the beginning of 2009. 

Moreover, additional medical staff would increase the ability to implement interdisciplinary programmes throughout the penitentiary system.  While in the past there had been only five psychologists on staff at the national level, this year there were already 17 psychologists and an additional five were being hired.  New staff were also allowing for community programmes to be created.  Currently, 800 individuals were benefiting from the weekend visitation programmes.  

Long-term measures that would prevent incarceration as a first step were also being taken by the Justice Administration authorities.  Stressing that Panama was moving to an accusatory model, in which people would be incarcerated only after being found guilty, he said that would result in fewer custodial issues.  He added that the electronic bracelet programme was allowing detainees to return home.

The Human Rights Committee will meet again at 10 a.m. Tuesday, 25 March, to continue its consideration of Panama’s compliance report.

Background

The Human Rights Committee met today to hold an open discussion on the obligations of States parties under the Optional Protocol to the International Covenant on Civil and Political Rights, the revision of the guidelines for State reports under the Covenant and a strategic approach to public relations.  In the afternoon, it was expected to begin its consideration of the third periodic report of Panama on its implementation of the Covenant. 

Panama ’s Report

According to the report (document CCPR/C/PAN/3), in Panama, the President has the authority to conclude international agreements and he or she can delegate that power to the Minister of Foreign Affairs, who can then in turn delegate it to another minister or diplomatic agent.  The executive branch also has authority to conclude treaties, although they must be approved by the National Assembly before ratification.

Article 4 of Panama’s Constitution stipulates that the country should abide by the rules of international law.  This stipulation has been interpreted by the Supreme Court of Justice to mean that, while provisions of international law are not part of the country’s “constitutional corpus”, treaties under international law still create an obligation for international provisions to be consistently matched by national laws.  Still, some provisions of international law pertaining to human rights, such as the provisions on a fair trial, have constitutional rank and are directly enforceable. 

The report states that Panama’s constitutional and legal systems have undergone profound changes, which were launched as a result of the country’s democratization process.  The resulting reforms address the Panama Canal, the army, the preamble, civil servants and the executive branch.  With regard to the Canal, the Panama Canal Authority, an independent public-private corporation, was established to oversee the Canal’s administration and operation.  In terms of the army, article 305 guarantees that Panama has no army and provides for police units to be organized for the protection of citizens.  Amendments addressing the preamble, civil servants and the executive branch adjust provisions to actual conditions and objectives sought by these reforms. 

With its legislative act number 1 of 2004, Panama began improving its democratic system and enhancing citizen participation.  A third method for constitutional reform involving a Constitutional Assembly was introduced.  The number of members of the legislative branch was also modified and immunity for legislators was eliminated.  Similar changes applied to the President and to city mayors.  Other changes included reinforcing the Electoral Tribunal, establishing a Court of Auditors, and upgrading the Ombudsman’s office to the constitutional level. 

Turning to gender issues, the report states that women’s participation in Panama’s political, education and economic life still lagged behind that of men, despite technological advances and the impact of the woman’s liberation movement.  While women’s representation in technical professions had improved, their participation in political decision-making continued to be unequal, as did their employment and compensation. 

In terms of electoral politics, act number 22 of 1997 had established a 30 per cent obligatory quota for women’s participation in lists of candidates to party offices and Cabinet appointments, among other offices.  In the 2004 general elections, an increased number of women had run for municipal councilors, town representatives and members of the Central American Parliament.  The number of women deputies had also increased from 6 to 13 from 1999 to 2004.  In the judicial system, women were more numerous among circuit and municipal court posts, although they were still outnumbered at higher levels. 

The more than 100 page report goes on to elaborate an article by article description of the Covenant’s application in the country. 

Also before the Committee is a list of issues to be taken up in connection with Panama’s report (CCPR/C/PAN/Q/3).

Committee’s Methods of Work

At today’s morning session, the Committee held a dialogue on its working methods, with members discussing at length matters related to revising the guidelines for State reports under the Covenant, and regarding strategic approaches to public relations, including relations with the media.

On reporting guidelines, MICHAEL O'FLAHERTY, expert from Ireland, presented his report that, among other things, noted revising the current procedures would make them more consistent with the common core document agreed to in 2006 by the chairs of the main monitoring bodies, take account of changing Committee practices and, to the extent, appropriate, harmonize the Committee’s guidelines with those of other treaty bodies.

The report also covered considerations regarding an enhanced “list of issues approach” to the reporting procedure, which would relieve State parties of the responsibility of submitting a comprehensive report -- outside of the initial report –- and would require them to only respond to the treaty bodies country-specific questions.

While that approach would reduce the reporting burden for States, and provide the possibility of concentrating on a few carefully chosen key issues, there were concerns that it might also detract from what was now seen as the utility of conducting a broad and systematic review of State practice across a range of issues.  That approach might also change the role of non-governmental organizations and others who sought to present information to the Committee, so that, in essence, some groups might have to compete to have their issues chosen.

After several experts commented on the report, Mr. O’FLAHERTY said that he believed it was urgent to revise the Committee’s reporting guidelines, as many were vague and out of date, especially with regard to the Committee’s procedures.  Indeed, the current guidelines often referred to procedures that the Committee no longer followed.  He added that he had begun the exercise thinking that the “list of issues approach” was best, but subsequently came to believe that perhaps it might be better to cluster the questions, either by relevance to each other or by importance.

Summing up the discussion, Chairperson RAFAEL RIVAS POSADA, expert from Colombia, said that it was clear that the Committee believed that it was urgent to reform the guidelines.  At the same time, it was also clear that more discussion was required.  There would be a need to maintain a balance between the idea of facilitating the participation by the States parties and making the reports more useful and accessible.  Still, he did agree that there was a need to make the process more dynamic.

He also shared concerns about the dialogue with States parties, and while there had been some progress in making such discussions more interactive, as well as with the setting up of country-specific task forces, it had always given the impression that there was room for improvement.  He noted the experts’ suggestions –- and concerns –- about placing time limits on State party presentations to enhance the flow of discussions and make them more productive.

There was further need to consider that, often, requests for further information could not be satisfied in the allotted time.  Moreover, the answers were often not very useful, given the time frame.  At the same time, he was sceptical of limiting the list of questions, as it seemed to undercut discussion of the Covenant’s more general principles.

Turning to matters related to raising the Committee’s profile in the media and enhancing dissemination of its concluding comments, IVAN SHEARER, expert from Australia, introduced a relevant 11-recommendation report, which highlighted the Committee’s understanding that there was a need to ensure that its work was made known beyond “a small circle of academic and Government lawyers, who specialized in human rights law and the international human rights NGO community”.

With that in mind, the Committee began a paragraph-by-paragraph consideration of the recommendations, which included:  enhancing the website of the Office of the United Nations High Commissioner for Human Rights, and making that portal easier to use and understand; promoting knowledge of the Committee’s work at the grass-roots level, especially in places where getting access to the Internet was difficult; considering changing the venue of the Committee’s public sessions held in Geneva to the Palais de Nations to allow greater public attendance and media coverage; and considering podcasting the Committee’s public sessions.

Introduction of Panama’s Report

Introducing his country’s third periodic report, head of delegation and Permanent Representative of Panama to the United Nations in Geneva, JUAN ALBERTO CASTELLERO, said that his country was party to six of the core international human rights treaties.  Owing to its obligations in that area, the Government set up a workshop, within the Foreign Affairs Ministry, to consider initial steps towards a mechanism for presenting pending reports on compliance with human rights instruments.   Panama had worked to incorporate the Covenant’s principles in its legal system.  At the same time, even though important progress in the implementation of civil and political rights has been made, Panama recognized that pending tasks remained.

With that in mind, the Government pledged to continue its efforts to protect and promote all civil rights in the country, he continued.  In spite of difficulties, projects and programmes were under way to ensure human rights and sustainable human development for all Panamanians.  Among others, Panama was a party to the Convention on the Rights of Persons with Disabilities, and was dedicated to its implementation.  Indeed, Panama promoted inclusive education for all.  He went on to say that Panama supported the Declaration on the Rights of Indigenous People and, to that end, was conscious of the need to protect and promote the rights of all its peoples, including its Afro-Panamanian population.

He said that promoting the rights of those and other indigenous populations would indeed ensure the development of the entire country.   Panama recognized and acknowledged its responsibility to take stock of indigenous people living in inadequate circumstances and, under its national plan and social network of opportunities, some 30,000 families were being protected, and some 15,000 persons were being incorporated into literacy programmes.  He added that Panama was also working to ensure the continuity of its policies on indigenous people with regard to future Government administrations.

He said that women made up 50 per cent of the population and Panama had taken great efforts to ensure that they were involved in ensuring the social and economic well-being of the country.  The Government had launched the relevant studies on the needs of women and girls and was actively promoting microprojects for women.  Active steps were also being taken to prevent domestic violence and mistreatment of children.  Its main programme provided universal health-care coverage to children up to the age of five years old, and provided pregnancy and post-natal care for mothers as well.  The Government had also taken significant steps to raise awareness about HIV and AIDS, as that scourge affected more women in the country than men.

The Government recognized that much remained to be done in the area of security, largely to combat drug trafficking and related crimes.  He said greater efforts needed to be extended to building the rule of law, including scaling up Panama’s prison system.  To that end, it was working to relieve serious overcrowding and, last March, had set out a plan to eventually replace all the country’s old prisons and detention centres with facilities that met international standards.  That effort would be accompanied by programmes aimed at reintegration, prevention and socialization.

In a related area, he said that lawyers, social workers and doctors were being trained, as were all people working in the penitentiary system.  Those persons must also respect human rights and must carry out their duties, following a principle of transparency.

Justice system reform was also under way, he said, stressing that a new Penal Code was set to be adopted in early May that reflected social changes and international standards.  The Government was working to ensure that judicial officials worked in transparency and carried out their duties in light of relevant principles and norms.  He highlighted other efforts, including Panama’s emerging use of electronic measures to ensure judicial expediency, including the use of the Internet.  The overall goal was to ensure that citizens were provided with a solid judicial structure.

Panama’s growth required a modern approach to the rule of law, including notable innovations in such areas as maritime and mercantile law.  Turning to other maters, he said that the President had recently promulgated a law creating a national migrations service, which would enter into force in August.  It set out four categories:  non-residents, temporary residents, permanent residents and those persons requiring humanitarian protection.  On migrants, a new decree had revised the country’s migratory standards.  Tomorrow, the National Assembly was set to approve a law that would regularize hundreds of refugees that had been living in Panama for more than 10 years.  That measure had been worked out with the Office of the United Nations High Commissioner for Refugees.

He said that, through the programme for social protections, the Government was working to improve the difficult situation of indigenous and poor Panamanians, as well as those living in abject poverty.  The Government was aware that much remained to be done, especially since it recognized that many children still needed enhanced protection.

His Government believed that the best antidote to tackling Government corruption was access to information, he continued.  One of the first acts taken by the current Government was to repeal curbs on freedom of information, thus enhancing the transparency of Government activities.  The Government was committed to ensuring that no citizen was excluded from progress and well-being.  To that end, the National Council for Coordination, jointly served by non-governmental organizations and the Government, had agreed to work together towards ensuring national development.  To that end, some $13 billion derived from the use of the Panama Canal would be devoted to social development through the year 2025.

He went on to highlight the Government’s efforts to address health care, noting, among other things, that hospital infrastructure had been enhanced and that urban drinking water systems had been extended.  Rural taps and outlets had been built.  In education, equal opportunities had also been ensured.  Some 102 rural schools were now operating, as were a number of schools devoted to children with disabilities.  By the end of 2007, some 35 new schools had been opened and, by 2009, all old schools were set to be shuttered.  Bilingual education was also under way.  Finally, he highlighted the recently established United Nations Regional Centre for Latin America and the Caribbean in Panama, which housed a host of United Nations agencies and funds and reaffirmed Panama’s commitment to the tenets of the Universal Declaration of Human Rights.

Panama’s Response to Written Questions

Panama’s delegation was made up of Ambassador Juan Alberto Castillero; Victor Caballero, Adviser to the Minister of Government and Justice; Alejandro Mendoza, Counseller to the Permanent Mission to the United Nations and other International Organizations in Geneva; Jorge Corrales, Counsellor to the Permanent Mission to the United Nations and other International Organizations in New York; Francisco Troya, Police Adviser to the Permanent Mission to the United Nations and other International Organizations in New York; Sara Rodriquez, Coordinator of Public Policy in the Ministry of Social Development; Luis Gomez, Office of the Attorney General; Janio Tunon, Director of the Department of Human Rights and Social Development; Edgardo Sandoval, Head of the Department of Human Rights in the Ministry of Foreign Affairs; and Jose Ivan Guerrero, Director of the Academy of Penitentiary Training in the Ministry of Government and Justice. 

Taking up questions on the legal and constitutional application of the Covenant, a member of the delegation outlined how a number of the rights secured in the Covenant were enshrined in Panama’s Constitution, including guarantees to habeas corpus, procedural and due process, the right to information, the freedom of circulation and amnesty, as well as prohibitions against genocide, among others.  The Penal Code also penalized anyone who would infringe on those rights.  Further, should violations of those rights take place, Panama’s legal system had mechanisms to allow for those rights to be restored. 

Turning to matters of gender equality, a member of the delegation said that, while quantitative information did not exist, diagnostic measures had been put in place to measure and ensure equality of income between men and women.  Several surveys had been undertaken by the Ministry of Social Development for both the public and private sectors.  One result was that men and women had the right to the same minimum wage in Panama. 

Another member of the delegation, turning to issues of whether the Penal Code required proof of “chastity and virtue” before a citizen could make allegations of rape, said that type of law was no longer part of Panama’s Penal Code. 

Addressing a question about the Truth Commission that had been established in Panama by the Executive Decree of 18 January 2001, a delegation member said the Commission’s mandate had expired in 2002.  A limited number of cases were fully recorded during the time it was working and a specialized agency had subsequently been established to investigate forced disappearances and a little over 100 cases had been resolved.  She noted that, in some cases, multiple files had been submitted on the same individuals, and investigators had often been limited in their investigations because many cases were quite old. 

Another member of the delegation added that at least one case was being investigated by the Inter-American Court of Human Rights, while another case was being investigated jointly by the countries involved. 

Turning to the question of abortion rights, a member of the delegation said abortion was allowed to take place in the first two months of pregnancy, as outlined in Panama’s Penal Code.  Further, “therapeutic” abortions could be carried out, according to certain guidelines, after that time.  He added that a new criminal code would soon come into effect that allowed further exceptions to the abortion laws. 

Turning to prison overcrowding, a delegation member said that the criminal activity had increased and there was excessive use of preventive imprisonment.  Architectural problems also existed, exacerbating prison conditions.  To address these challenges, a number of initiatives had been undertaken, including the use of electronic bracelets and the implementation of a prisoner-release programme.  Further, a master plan that called for building new prisons with modern architecture had been adopted.  Prisoners could also be released for home visits over the weekend and policies for the conditional release of prisoners and repatriation of foreigners had also been implemented. 

He added that the inequality of conjugal visits between men’s and women’s prisons was due to economic reasons.  Women were also permitted to go home over the weekend, as well as on certain holidays.  Finally, he said that the deplorable conditions in several notorious prisons due to the lack of drinking water had been resolved. 

Taking up the issue of torture, a member of the delegation said torture was prohibited and whenever it was discovered that torture was being committed, those cases were forwarded to the proper authorities.  He added that torture was not a part of the penitentiary system and incidents of torture were individual cases.  Training for prison staff and police that emphasized human rights and modern penitentiary practices was ongoing. 

Turning to issues on arbitrary arrest or detention, a member of the delegation said that, in some specific cases, Panama had minimum detentions that were determined by the nature of the crime.  Parameters on the frequency of detention were set by judges.  He said that the right of habeas corpus was recognized by the system.  Further, a person could be detained during an investigation for four months, with a possible extension of two months.  In the case of drug trafficking, investigators could receive prior permission from judges for detention, although it was limited. 

Taking up questions regarding humanitarian protection, a member of the delegation said that laws surrounding those living under temporary humanitarian protection in the Darien province were in place because those who were displaced did not qualify for refugee status.  He further said that Decree 23 was not being reviewed in Panama, because the Government believed it was useful to deal with those populations that had been displaced but did not meet refugee status requirements.  Those who had requested voluntary repatriation to Colombia had been repatriated.  The situations of other displaced peoples were currently being, or would soon be, regulated through the Office of the United Nations High Commissioner for Refugees.  Because the Government was obliged to protect those people, it would not revise Decree 23. 

On the right to fair trial and guarantee of due process, a member of the delegation reiterated the judicial reforms that were taking shape under the new Penal Code, including in such areas as access to justice, human rights and criminal law training, training of legal staff outside urban areas, and the establishment of local legal assistance centres.  He said that there was also a programme targeting individuals wishing to work in the legal and judicial fields.  As for transparency in that area, he noted that independent audits of judicial offices were under way, among other efforts.

Turning to the situation of indigenous people, another member of the delegation said that the Government had established a health centre at the border with Costa Rica to register the children of, and provide health services to, the people of that region.  On discriminatory practices, including a law that allowed penalties or dismissal for the practices of homosexual acts by members of the National Police, a member of the delegation said that all people were permitted to serve on the force, but if any conduct prevented persons –- or the force -- from carrying out their mandated and assigned duties, then there were rules of conduct that could be applied.  The conduct of individuals was subject to censure.  He added that all civil servants had the right of recourse and enjoyed every guarantee to lodge appeals.  Sexual preference or orientation was not called into question, as long as it did not endanger others of the relevant institution.

Experts’ Comments & Questions

Opening the Committee’s first round of questions, JOSÉ LUIS SANCHEZ-CERRO, expert from Peru, said that, while the delegation’s report had stressed that the national judicial procedures were in line with the Covenant’s principles, it was clear that, in some cases, domestic legislation often did not take the Covenant into consideration and neither did judges often invoke the instrument’s principles.  If the Covenant was given rank of constitutional law in the country, when could it be invoked?  Did judges and administrative officials had leeway in applying the Covenant’s principles?

On the treatment and conditions of prisoners and detainees, he said that there were studies indicating that Panama did not apply the minimum standards necessary under international law.  That would mean that its detention system was unjust.  There were reports of systemized favouritism, as well as of overcrowding, of poor hygiene and sanitation, and of psychological ill-treatment.  What was the Government planning to do to rectify those and other issues? he asked.  Turning to labour matters, he expressed concern that efforts to ensure the tenets of various International Labour Organization conventions were not being implemented.

He said that the law regularizing refugees living in the country for a decade or more did not cover those that had been in the country less than that amount of time.  The Committee had received information from the Office of the United Nations High Commissioner for Refugees that the new law, set to be adopted this week, did not prevent wholesale expulsion of such people.  The Committee had also received information that the law did not respect the principle of non-refulement.  He was also concerned about the situation of indigenous people, especially those living in rural areas.

Sir NIGEL RODLEY, expert from the United Kingdom, began with questions about Panama’s Truth Commission, wondering whether or not any action had been taken on the cases identified by that body.  He had heard that there could be no action on the cases, as they were time barred.  Was that true?  Turning to the issue of abortion, he commended the Government’s efforts to allow for conscientious objection by medical officials and doctors who did not want to perform such procedures.  At the same time, he wanted to know if measures were in place in such situations to carry out the procedure.

On the situation of Panama’s prisons, he said that it was very difficult to “build one’s self out of an overcrowding problem”.  Indeed, much more targeted efforts needed to be considered, especially since it was estimated that the country now had the highest number of incarcerated persons in the South American region.  What measures were in place to ensure that the system of criminal justice did not keep churning out prisoners, 60 per cent of whom were supposed to be pre-trial detainees in the first place?  The whole system seemed to be structured to create an untenable situation, he remarked.

The Government had a host of wonderful expectations and the Committee would like to know if and when they were likely to yield positive results.  On ill-treatment by police and security officials, he asked the delegation to provide more information on how many persons had been charged with such treatment and what their punishments had been.  He went on to express some concern about the nature of pre-trial detention in Panama -- not when persons were sent to an actual detention centre, but an earlier times and places, including police stations.  How long could such persons be held at such places?  Did they have access to the outside world?

Finally, he asked when the reform of the judicial system was likely to lead to a reduction in the backlog of cases.  Indeed, it appeared that the backlog had led to a number of other problems, including prolonged detention and prison overcrowding, among others.

EDWIN JOHNSON LOPEZ, expert from Ecuador, expressed appreciation for Panama’s progress for full civil rights of Panamanians and noted the number of serious measures and provisions that had been adopted over the last few years addressing refugee issues, prison conditions, the right to life and guarantees for freedom of expression.  But, concerning the role of the civil registry on the births of indigenous persons, he requested clarification on civil registries for marriages and divorces.  Turning to naturalization issues, he asked if official registries existed that recorded the nationalities of those seeking naturalization and the nationalities of those whose requests were denied.

Associating herself with the questions asked by the expert from the United Kingdom regarding prison overcrowding, CHRISTINE CHANET, expert from France, stressed that Panamanian courts still had to decide on the minimum sentences for several violations.  In the area of custody and pre-trial detention, she said the use of electronic bracelets was an interesting initiative, but noted that those projects were only at the experimental stage.  Larger issues remained about detention surrounding the impact of minimum time frames and the presence of a lawyer.  She asked what happened when the time frames were not respected.  When the detention extended beyond the time frame delineated or the lawyer was not present in time, how did that impact on the case?  Further, what criteria were considered for release and for detention in the first place?  Was there a system for release on bail?

Turning to judicial reform, she also noted that very little information on the organization of the judicial system was available and asked for the delegation to provide more information.  Finally, saying that physical and mental disability were not sufficient reasons to deny naturalization, she asked the delegation to review the issue.

ABDELFATTAH AMOR, expert from Tunisia, asked if Panama had a body or mechanism to investigate allegations of abuse by the police.  He also asked if there was an obligation to register births for indigenous persons or others.  If there was an obligation, he asked if there were sanctions and, if there were not, what measures Panama could take that would not have repercussions on those who had not been registered.  Saying that the Truth Commission had faced several obstacles that had left its work unfinished, he asked the delegation to comment on that.  Noting that abortion was authorized in certain cases, such as rape, he asked what the basis was today for such a prohibition of abortion.  He also asked if, in the final analysis, a prohibition against abortion generally interfered in a woman’s private life. 

Delegation Response

In response to the comments made by the Committee’s experts, Mr. CASTILLERO said his delegation had been stimulated by their questions.  Noting that his delegation had been welcomed with open arms, despite Panama’s 17-year absence before the Committee, he said his Government needed assistance and guidance from the Committee. 

Turning to the inquiry on article 4 of Panama’s Constitution, a member of the delegation stressed that article 4 recognized the provisions of international agreements that had been adopted.  Because the Constitution ensured many of the Covenant’s articles, he said those rights had constitutional status.  Among those rights, human liberty was guaranteed at all times.  Still, Panama faced challenges in guaranteeing those rights that did not have a constitutional ranking.  He added that constitutional norms and rights were disseminated to police through relevant channels.  Furthermore, the Covenant’s rights were being directly applied and had been invoked by Panamanian courts.  For example, a municipal court’s decision invoked the articles of the Covenant.  He said that decision and the relevant annexes would be submitted to the Committee. 

Turning to abortion rights, a member of the delegation said that abortion was granted when a risk to the mother’s life or health existed.  It was also permitted during the first two months of a pregnancy, if that pregnancy was the result of rape.  Regarding questions about the two-month deadline, she stressed that, as a Catholic country, Panama ascribed to the protection of minors from the point of conception.   Panama was continuing to make progress in that field, she said.

Taking up penitentiary issues, a member of the delegation said work being undertaken by non-governmental organizations and the Ombudsman allowed the Government to evaluate more clearly issues of prison overcrowding and recent reports had detailed a difficult situation in Panama’s prisons.  The problems of sanitary drinking water, the lack of rehabilitation programmes and severe overcrowding had prompted Panama to enact a number of initiatives to tackle those issues.  Yet, the overcrowding issues could not be solved overnight. 

He said a budgetary increase of nearly $20 million was currently being sought to increase the number of doctors and social workers assigned to the prison system.  Also, pavilions at the country’s two most overcrowded prisons were being monitored.  Meanwhile, the master plan sought the creation of new prisons to replace older prisons on a medium-term schedule, while another plan would allow for several centres to be established by the beginning of 2009. 

Moreover, additional medical staff would increase the ability to implement interdisciplinary programmes throughout the penitentiary system.  While in the past there had been only five psychologists on staff at the national level, this year there were already 17 psychologists, and an additional five were being hired.  New staff were also allowing for community programmes to be created.  Currently, 800 individuals were benefiting from the weekend visitation programmes.

Long-term measures that would prevent incarceration as a first step were also being taken by the Justice Administration authorities.  Stressing that Panama was moving to an accusatory model, in which people would be incarcerated only after being found guilty, he said that would result in fewer custodial issues.  He added that the electronic bracelet programme was allowing detainees to return home.

On questions of torture, he said that, while instances of torture might occur with some frequency, torture was not an official policy.  Once torture was detected, those involved in the situation were brought to the attention of the appropriate authorities and investigations were subsequently launched.  He noted that many of those acts were undertaken in the administrative sphere, such as the anti-corruption realm.

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*     The 2518^th Meeting was closed.

For information media • not an official record