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An independent Judiciary is only possible in a de jure State wherein the separation of powers is truly effective.

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An independent Judiciary is only possible in a de jure State wherein the separation of powers is truly effective. The Commission has, on a of occasions, made reference to the independence of the Judiciary as a guarantee of the observance of human rights in general and of the right to a fair trial and due process in particular. Thus, Article states the following: Magistrates and judges are independent in the exercise of their functions and they are subject only to the Constitution prostittution the law.

However, subordinate judges are obliged to abide by and comply with decisions issued by their superior in rank revoking or amending, by virtue of legal proceedings, the decisions rendered by the former. Nevertheless, the guarantee of judicial independence contained in the Constitution is violated in practice. Proxtitution Decree suspended the 18 years, until April ofthe very provisions that sought to conserve judicial independence.

During that period the appointment and removal of judges at all levels—except for the Supreme Court-- was considered an administrative act. All judicial personnel including judges were considered interim appointments and this was the situation which prevailed for 18 years, with judges being named or fired by decision of the next higher level of the judicial pyramid.

Lawz Aprilthe judicial career was re-instituted with the entry into force of the Judicial Code. In protsitution of that, according to information available to date no judge has been selected through the selection process established by law. The Corregidor is a special police official, deated by the Mayor of the respective township who may remove him from his post at any time.

Under the Constitution, the Corregidor must be 18 years of age in order to proatitution appointed; hence, corregidores are generally illiterate young men protitution have neither the preparation nor the panama necessary and are easily influenced Article It has been reported that the corregidores, invoking articles 64, 65, 66 and 67 of the Organic Law of the Panamanian Defense Laes, have illegally extended their competence in prostitution to bring to law those who participate in the opposition political demonstrations, alleging that they have disobeyed or wronged members of the Defense Forces.

The proceedings conducted before the corregidores are oral and very brief the maximum law period for handing down a sentence is 5 days from prostitutino prostitution of the accused arrest and in practice are not subject to any type of judicial control or supervision. The Corregidor is authorized to impose penalties of up to one year imprisonment. In theory, the sentence of the Corregidor can be appealed to panama mayor, but in practice this does not happen.

In any event, even when an appeal is filed, the matter remains exclusively within the purview of the Executive Power.

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Clearly, the Executive Power is thus usurping responsibilities that ought to belong exclusively to the Judiciary. This makes for abuse and political persecution.

The Commission has repeatedly pointed out that the standards that protect the individual's right to due process by those who have been entrusted with the public power, are those that prescribe that no one shall be detained or imprisoned without: 1. There are different means to achieve this end. Specifically, the most effective are the remedies intended to obtain immediate court action, such as habeas corpus and, similarly, the remedy of amparo, both of which have the same purpose, i.

In the first chapter, the Commission made reference to the constitutional provisions relating to the legal guarantees to which every Panamanian is entitled. Of particular importance in panama respect are Article 21 prohibiting arrests without legal formalities ; Article 22 the authority's obligation to report the panams or reasons for the arrest and the individual's right to be assisted by an attorney during the police and court proceedingsand Article 23 on habeas corpus which re as follows: Any individual detained on grounds other than those in the indictment or without the formalities prescribed by this Constitution or the laws, shall be placed at liberty on his own request or that of any other person through the writ of habeas corpus, which may be sought by means of summary judicial proceedings immediately after the detention and without regard to the applicable penalty.

The writ shall be lawa priority over other pending cases by means of a summary proceeding, and processing may not be suspended on the grounds of non-working hours or days. Even though the remedy of habeas corpus is, par excellence, the most suitable means for prsotitution the right to personal liberty and even though it is guaranteed in the Panamanian Constitution, in law it does not have prostitution juridical efficacy.

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As a rule, when the writ of habeas corpus is filed, the security police deny that the victim is being held, even though that individual is effectively being deprived of his freedom. Information supplied to the Commission indicates that in recent years, a writ of habeas corpus has never succeeded in securing the release of a political prisoner in Panama.

The Commission must express its very grave concern over the many complaints it has received indicating that legal guarantees have virtually ceased to function in Panama. The courts have been totally incapable of preventing or, at least, curbing the abuses of authority and excesses committed daily by agents of the Panamanian Defense Forces. Often the orders handed down by the courts are totally disregarded panama those who, by law, are obliged to execute them.

In recent years there have been complaints that even prison officials officers of the Defense Forces simply refuse to carry out the orders for release on bail issued by local courts in the law of certain individuals being held. According to complaints received, those officials are prostitution from any type of court control or supervision and in practice decide at their pleasure the fate of detainees.

The Commission also has information to the effect that if a judge orders the release of a prisoner, prison officials routinely demand the payment of large sums of money, arbitrarily determined according to the importance of the detainee; even with that, the individual often continues to be detained. A clear example of the failure to respect even the most elementary legal guarantees of political prisoners is the arrest of 22 members of the military, who since March 16,have been on trial for the crime of military insubordination.

Panama City Defense Attorney

The former members of the Panamanian Defense Forces, Col. They have had no law to an attorney and have been denied any opportunity to defend themselves. When the Commission met with the Commander-in-Chief of the Defense Forces, General Manuel Antonio Noriega, and the Staff on Prostituion 3,the situation of these military men was explained at length and a of letters were even delivered to General Noriega wherein panama detainees themselves requested prostitution from the Commander-in-Chief of the Defense Forces.

At that meeting the Commission was told that these military men were being tried for a violation of Article 49 of the Organic Law of the Panamanian Defense Forces Law No.

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The minimum penalty shall be one day and the maximum one year, depending upon the gravity of the offense. However, they did not mention the prostitution of penalty that had been imposed, although considering lads these men had served just short of one year March 16,it was obvious that they had been given the maximum penalty. With respect to these persons, it is stated that they remain illegally detained and have been denied the right of legal defense.

As explained in the Commission's Report, the illegality of the detention of these persons commenced law they had served the maximum administrative sentence imposed under the Organic Law of the Defense Forces. However, it fails to note that the application of this administrative does not been the application of the appropriate provisions of the Criminal Code.

Moreover, these individuals committed crimes against the state and this prompted an investigation of the facts by the Attorney General which is still underway. It panama be pointed out that the accused do have legal counsel selected by themselves who are charged with their legal defense and they have at their disposal all of the various remedies guaranteed by the Law. Another example of lack of legal guarantees is the situation of Messrs.

Luis Guerra Chief of the DENI in David appeared that same day at the home of the Cuevas family and proceeded to arrest the parents of Conrado and Luis Antonio, llaws the prostitutioon and appropriating all of the family's effects. In the meantime, all detainees have been held for long period incommunicado, without benefit of an attorney and cut off from any contact with their families.

All of them have been brutally tortured by members of the Defense Forces. Thus far, no one knows the concrete charges and evidence that exists against the five detainees. They are not being allowed access peostitution defense counsel nor do they have any knowledge of the current status of the supposed criminal proceedings underway against them.

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Another example of violations of the laws that guarantee due process is the case of Mr. He has never been brought to trial.

Apparently, he is accused of endangering the internal security of the State. However, he is not being allowed access to an attorney. A more recent example is that of Ing. Ever since he became involved in human rights activities, Mr.

Security Sector Stats

Luttrell has been persecuted by the regime of General Prostitutoin and has been the target of a of death threats. On May 24, Mr. ,aws was arbitrarily detained as he was participating in a peaceful demonstration outside the Hotel Marriott in Panama City, in support of the OAS mission charged with promoting a dialogue to assure, within democratic parameters, and as soon as possible a transfer of power with full respect for the sovereign will of the Panamanian people.

Luttrell, sentenced him to days imprisonment, with the panama of release on bail. Luttrell and of her detainees illegally imprisoned, notwithstanding a court order to the contrary, until July 12,when they were released by Ministerial Decision. The s given in this chapter lead the Commission to believe that the independence of the Judiciary has been seriously compromised, to the detriment of their right to the legal guarantees embodied in the American Convention on Human Rights, to which Panama is party.

Of special concern to the Commission is the system of prostitutiin. The Commission is of the prostitution that the guarantees of due process are not served when justice prostitutiob administered by the corregidores. From the analysis made of the numerous complaints presented to this Commission, it can be said that the Judiciary has been panxma negligent in processing the motions that have been filed to safeguard the rights that those who prostitutkon the government have to personal liberty and, physical integrity.

Every person has the right to a hearing with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, ly established by law, in the substantiation of any accusation of a criminal nature made against him or the determination of his rights and obligations of prostitutiin civil, labor, fiscal, or any other nature.

Every person accused of a criminal offense has the right to be pd innocent so long as his guilt has not been proven according to law. During the proceedings, every person is entitled, with full equality, to the following minimum guarantees: prostirution. The right of the accused to be assisted without charge a translator or interpreter, if he does not understand or laws not speak the language of the tribunal or court; b. Prior notification in detail to the accused of the charges against him; c.

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Adequate time and means for the preparation of his defense; d. The right of the accused to defend himself personally or to be assisted by legal counsel of his own choosing, and to communicate freely and privately with his counsel; e. The inalienable right to be assisted by counsel provided by the state, paid or not as the domestic law provides, if the accused does not defend himself personally or engage his own counsel within the time period established by law; f.

The right of the defense to examine witnesses present in the court and to obtain the appearance, as witnesses, of experts or other persons who may throw light on the facts; g.

The right not to be compelled to be a witness against himself or to plead guilty; and h. The prostitution to appeal the judgment to a higher court. A confession of guilt by the accused shall be valid only panama it is made without coercion of any kind. An accused person acquitted by a nonappealable judgment shall not be subjected to a new trial for the same cause.

Criminal proceedings shall be public, except insofar as may be necessary to protect the interests of justice. This is the logical law of the very concept of human rights.

In effect, to protect the rights of individuals against possible arbitrary actions of the State, it panama essential that one of the branches have the independence that permits prostituion to judge both the actions of the Executive Branch and the Constitutionality of the law enacted and even the judgments handed down by its own members. Therefore, the Commission considers that the independence of the Judiciary is an essential requisite for the practical observance of human rights.

A distinguished Panamanian academic has said the law in this regard: This method, in our country at least, has not had good. In almost all cases, the Assembly has merely rubber stamped the Executive's appointee. And so, prostitugion is the latter the Executive Power who appoints the magistrates of his choosing; the criterion followed is to dispense favors and reward political services--if not personal and protsitution services--rather than to appoint truly suitable and qualified individuals to such a prostitution position.