CAT/OP/PAN/1
I. Introduction
1.
In accordance with the provisions of the Optional Protocol to the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the
Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment carried out its first visit to Panama from 20 to 26 August 2017.
2.
The Subcommittee was represented by the following members: Ms. Lorena
González Pinto (head of delegation), Mr. Felipe Villavicencio Terreros, Mr. Roberto Fehér
Pérez and Ms. Nora Sveaass. The Subcommittee was assisted by two human rights officers
and two security officers from the Office of the United Nations High Commissioner for
Human Rights.
3.
The primary objective of the visit was to gain an understanding of how Act No. 6 of
22 February 2017, which provides for the establishment of the national preventive
mechanism, was being implemented and to provide technical advice to the institutions
concerned, in accordance with article 11 (b) (i) of the Optional Protocol.
4.
During the visit, the Subcommittee held meetings with authorities of the three
branches of government, the Ombudsman’s Office, representatives of civil society and
officials of United Nations entities. 1 In addition, the Subcommittee visited 13 places of
deprivation of liberty in Panama City and Colón. 2
5.
The Subcommittee found that there had been a number of positive legislative and
institutional developments in the area of human rights, including the adoption of Act No. 6
of 2017, which provides for the establishment of the national preventive mechanism, and
Act No. 42 of 2016, which establishes the career structure in the prison service and entered
into force in September 2017. The Subcommittee also welcomed efforts to replace the
inquisitorial system with an adversarial system, a change that is having a positive impact on
the administration of criminal justice.
6.
In addition, the Subcommittee noted with appreciation the efforts made in recent
years by the Ministry of the Interior, with the support of a number of United Nations
agencies, to improve the situation of persons deprived of their liberty. Those efforts have
included strengthening the Prison Training Academy, building new prisons or inviting bids
for that purpose and adopting a protocol on visits to prisons by human rights organizations.
7.
The Subcommittee wishes to express its gratitude to the Panamanian authorities for
their cooperation and assistance during the visit. Access to places of detention, including
unrestricted access to persons deprived of their liberty whom the Subcommittee wished to
interview privately, as well as to the records and reports it requested, was provided
promptly and without hindrances.
8.
At the conclusion of the visit, the Subcommittee presented its confidential
preliminary observations to the authorities. In the present report, the Subcommittee presents
its findings and recommendations concerning the launch of the national preventive
mechanism and the prevention of torture and ill-treatment of persons deprived of their
liberty in the State party. The generic term “ill-treatment” is used throughout the report to
refer to any form of cruel, inhuman or degrading treatment or punishment. 3
9.
The Subcommittee requests the authorities of the State party to provide a full
account of the action taken to implement the recommendations contained herein
within six months of the date of submission of this report.
10.
This report will remain confidential until the State party decides to make it public.
The Subcommittee is firmly of the view that publishing the report can contribute to the
prevention of torture and ill-treatment, since the wide dissemination of the Subcommittee’s
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GE.18-12640
Véase el anexo I.
Véase el anexo II.
De conformidad con el artículo 16 de la Convención contra la Tortura.
3