International Covenant on Civil and Political Rights
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United Nations CCPR/C/SR.2521 International Covenant on Civil and Distr.: General Political Rights 2 April 2008 Original: English Human Rights Committee Ninety-second session Summary record of the 2521st meeting Held at Headquarters, New York, on Tuesday, 25 March 2008, at 10 a.m. Chairperson: Mr. Rivas Posada Contents Consideration of reports submitted by States parties under article 40 of the Covenant (continued) Third periodic report of Panama (continued) This record is subject to correction. Corrections should be submitted in one of the working languages. They should be set forth in a memorandum and also incorporated in a copy of the record. They should be sent within one week of the date of this document to the Chief, Official Records Editing Section, room DC2-750, 2 United Nations Plaza. Any corrections to the record of the public meetings of the Committee at this session will be consolidated in a single corrigendum, to be issued shortly after the end of the session. 08-28147 (E) *0828147* CCPR/C/SR.2521 The meeting was called to order at 10.15 a.m. and support. There was no statute of limitations in such cases, nor for crimes against humanity or acts of Consideration of reports submitted by States parties terrorism. under article 40 of the Covenant (continued) 5. With regard to the rights of indigenous people, Third periodic report of Panama Panama was studying the possibility of ratifying the (CCPR/C/PAN/3; CCPR/C/PAN/Q/3 and Add.1) Indigenous and Tribal Peoples Convention, 1989 (continued) (No. 169) of the International Labour Organization (ILO). Five areas, known as comarcas, had been 1. At the invitation of the Chairperson, the members designated for the indigenous population, in one third of the delegation of Panama took places at the of the national territory. The executive was currently Committee table. studying a framework act on their ancestral land rights. 2. The Chairperson invited the delegation to The National Civil Status Registry, established in 2006, address any points not covered in response to the guaranteed related human rights, including those questions put by the Committee at the previous recognized by international conventions ratified by meeting. Panama, while local authorities were required by law to assist the country’s auxiliary registrars in ensuring 3. Mr. Castillero Correa (Panama), addressing the the registration of births and marriages. question of refugees, said that in the 1970s a number of persons had fled the conflict in Central America and 6. Mr. Sandoval (Panama), taking up the question taken refuge in Panama, where they had subsequently of torture, stressed that it was forbidden by law and become integrated, in many cases through marriage. that information obtained by such means was not Legislation had been drawn up, in consultation with the admissible as evidence in the courts. As for pretrial Office of the United Nations High Commissioner for detention, the new Code of Criminal Procedure, which Refugees (UNHCR), primarily for those with 30 years’ was an essential part of the ongoing reform of the standing as refugees, but also including those who had criminal justice system, would offer judges alternative been recognized as such for only 10 years, so as to measures in order to lessen the burden on the courts. regularize their status. Expulsion was not provided for Under the current Criminal Code, criminal legislation under that law: repatriation was exclusively voluntary. was only to be applied when there were no other means No specific records were immediately available on of social control. Regarding the question of the naturalizations, but written information would be investigation and punishment of prison employees provided to the Committee at a later stage. As yet there accused of practising torture, the national police were had been no decision on the question whether the required to discharge their duties professionally; they requirements for naturalization spelled out in article 12 must not engage in torture of other cruel, inhumane or of the Constitution, in particular in matters of health, degrading acts. Any police officer accused of such acts morals, security and disability, amounted to was liable to punishment and even dismissal following discrimination under the Covenant, but an amendment a two-tier investigation. As for preventive detention in to the Constitution might well be envisaged, Police custody, it was allowed for up to 24 hours, for particularly in the light of the Committee’s discussions. non-criminal offences and only in exceptional cases. Both the Family Code and the Labour Code offered Persons detained under transitory arrangements must protection to pregnant women. Further research would be transferred for due legal process; prosecutors had be undertaken in order to determine whether there were received instructions to that effect. Articles 827 and any specific discriminatory acts against pregnant 828 of the Administrative Code had been repeated by women, particularly in employment. Act No. 22 of 2005 and therefore could not serve to justify detention. 4. Turning to the question of the Truth Commission, he said that out of 110 documented cases, 67 had 7. In response to the question concerning habeas already been the subject of judicial proceedings, while corpus, he acknowledged the delays in granting that it had not been possible to initiate such proceedings in constitutional remedy and the need to make the the other 43. To enable it to continue with its work, a overloaded Panamanian system of justice more special investigator on enforced disappearances had effective. A number of additional judicial officers had been appointed and provided with the necessary budget recently been appointed in order to reduce the backlog, 2 08-28147 CCPR/C/SR.2521 while the Supreme Court had recently ruled that all recognized religious denominations, in addition to the habeas corpus applications must be processed within appropriate State authorities. Turning to question 15, one week. In the defence of persons before the courts, he said that there was freedom of religion in Panama, officially appointed counsel offered the same subject to the requirements of Christian morality and guarantees as private lawyers and were fully competent public order. There was consequently no to address the charges. Moreover, provisions were in incompatibility with article 18 of the Covenant. As for place to increase their number and to provide them catechism classes, referred to in question 16, it was not with greater technological support. A programme of true that they were compulsory in State schools. Such conflict management was also part of the process of classes were not part of the curriculum but were judicial reform initiated by the President of the provided by the Catholic Church; attendance was Republic; dispute settlement procedures were voluntary. accordingly being put in place, with funding from the 13. Mr. Caballero (Panama), in answer to question Inter-American Development Bank. He undertook to 17 on the list of issues, stressed that the Panama provide the Committee with a general description of Constitution fully guaranteed the rights of freedom of the operation of the system of justice, as well as the assembly and freedom of expression. However, in requested statistical data. Panama, the right of third persons to free passage was 8. Sir Nigel Rodley said he had understood that, regularly impaired by public demonstrations blocking under the new Criminal Code, a doctor could not refuse major roads that were often extremely violent and to perform an abortion on grounds of conscientious involved acts of vandalism. In such cases, the police objection, but the written replies (CCPR/C/PAN/ was responsible for securing third persons’ right of free Q/3/Add.1) seemed to suggest the opposite. He passage, which they first attempted to do through requested clarification. It would also be useful to have dialogue with the protesters and, as a last resort, statistical and other information about abusive through the legitimate use of force, in accordance with treatment of prisoners and measures taken to prevent it. national and international standards. Lastly, he asked whether the State party was 14. Mr. Gómez (Panama), also responding to contemplating ratification of the Optional Protocol to question 17, said he wished to emphasize that the the Convention against Torture. police crowd control units responsible for securing 9. Mr. Tuñon (Panama) said that, following high- third persons’ right of passage during public level meetings in the Ministry of Foreign Affairs on the demonstrations were trained by multidisciplinary teams benefits of ratification of that Optional Protocol, the to handle such situations while observing the principles issue had been referred to the Treaty Department, of tolerance, humanitarian policy and due process of which was initiating the process of consultation that law. Panama would continue to guarantee the right to should eventually culminate in its ratification. free passage to which all Panamanians were entitled. 10. Ms. Rodríguez (Panama), in clarification of 15. Turning to question 18, he noted that, because the article 142 of the new Criminal Code, said that Panamanian legislature had considered the question of notwithstanding a doctor’s right to state his or her defamation to be related to the right to information, it conscientious objection on moral, religious or any had adopted Act No. 1 of 5 January 1998, which other grounds in order to be exempted from created a hierarchically superior, special jurisdiction participation in an abortion procedure, such exemption for judges hearing defamation cases involving did not preclude another health professional from journalists, thus distinguishing them from judges performing the abortion in question. hearing such cases between private individuals. Under that system, between 2005 and 2008, 69 journalists had 11. The Chairperson invited the delegation to been charged with defamation. Thus far, one person address questions 14-24 on the list of issues.