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1994-05-02
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<text>
<title>
Panama
</title>
<article>
<hdr>
Human Rights Watch World Report 1992
Americas Watch: Panama
</hdr>
<body>
<p>Human Rights Developments
</p>
<p> Two years after the December 1989 invasion by U.S. forces,
serious deficiencies in the Panamanian judicial and penal
systems remain largely unimproved. Extremely lengthy pretrial
detention in some cases lasting up to five years continues to
be the rule for defendants accused of crime. According to the
Panamanian government's own figures, at least eighty percent of
the more than 3,500 prisoners in jail have not been convicted
or even, in many cases, formally charged. Although this
represents a decline from the ninety percent figure reported a
year ago, the number of pretrial detainees in custody for more
than two years has actually increased slightly since the end of
1990. A government plan to identify and process the cases of
those held longest in prison without trial has had no
discernible impact.
</p>
<p> Americas Watch is concerned not only by the inordinate
length of pretrial detention, but also by the conditions in
which inmates are held. Every one of Panama's five principal
jails is seriously overcrowded, and in some cases the prison
population is more than triple the facility's maximum capacity.
These conditions breed intense, and sometimes fatal,
prisoner-against-prisoner violence. For example, in the Modelo
jail in Panama City alone, there were six murders during a
four-month period in late 1990 and early 1991. Partly in
response to these conditions, prisoners at Modelo staged an
uprising in September, which authorities were able to suppress
only after several prisoners were wounded. Although most prison
violence in Panama is instigated by prisoners themselves,
credible reports indicate that inmates at the Coiba Island
facility were also severely and systematically abused by their
jailers in 1991. Two inmates at Coiba who died in July are
believed to have been victims of torture by prison officials,
and more than 170 fellow inmates have complained of serious
physical and psychological abuse. Government sources have
acknowledged that abuses at the Coiba facility were confirmed
in reports by lower-ranking prison officials that were later
suppressed by the Ministry of Government and Justice.
</p>
<p> Panamanian officials do not deny the seriousness of the
problems posed by prolonged pretrial detention, a crushing
backlog in the courts, and substandard prison conditions. Over
the past two years, however, they have had virtually no success
in addressing these deficiencies. Fifteen new public defenders
were appointed in 1991, but the total number now, thirty-one,
is still five fewer than required by Panamanian law and far
fewer than needed to serve the thousands of accused who lack
the resources to retain private counsel. Four new courts were
added in early 1991, but even though the pace of judicial
activity is reported to have increased substantially, there were
still more than 25,000 criminal cases pending in the courts at
mid-year, many of which had been referred for prosecution over
two years earlier. No new prison facilities have been built or
even begun since the invasion.
</p>
<p> The Panamanian government's poor performance in improving
the administration of justice is frequently explained by the
lack of funds available in a country with pressing
social-welfare needs and continuing economic dislocation caused
by the U.S. boycott prior to the invasion. However,
mismanagement, political cronyism, corruption and a lack of
institutional will also have contributed significantly to the
failure of judicial and penal reform in Panama. Throughout the
first half of 1991, for example, the attorney general's office
was beset by waves of firings and dismissals having little to
do with issues of competence. The attorney general himself,
Rogelio Cruz, at times appeared to devote more energy to
attacking his critics in the press, and to publicizing dubious
charges of attempted coups, than to the day-to-day
responsibilities of his office. Moreover, in at least two cases,
lower-court judges who issued politically unpopular orders to
release certain defendants on bail were rebuked by the Executive
branch and fired by their supervisory judges. In addition, in
April 1991, disputes within the Executive over patronage and
other issues led to the ouster of the Christian Democratic Party
from the ruling coalition; as a result, many officials
responsible for the administration of justice, including Vice
President and former Minister of Government and Justice Ricardo
Arias Calderon, left their posts, and the reforms they had
advocated have not been pursued.
</p>
<p> These systemic shortcomings are compounded by the Panamanian
government's continued unwillingness to address the most
serious human rights violations committed by members of the
former Noriega regime. To date, no one responsible for the more
prominent abuses of the former government including the murder
in 1971 of activist priest Hector Gallego, and the torture and
murder of Hugo Spadafora in 1985 has been brought to trial.
Indeed, the government is able to cite only one successful
prosecution thus far of a Noriega-era official a military
captain sentenced to forty-two months for extortion. Fewer than
thirty other former officials currently face charges for past
abuses, a number which many believe does not come close to
representing the level of past abuse.
</p>
<p> Americas Watch remains concerned by the composition,
leadership and training of the Panamanian Public Force (PPF),
which replaced Noriega's Panamanian Defense Force (PDF).
Although the most senior officials of the PDF were removed
following the invasion, the vast majority of PDF soldiers,
numbering more than ten thousand, were retained as members of
the PPF. Only approximately half of these have undergone
U.S.-sponsored training programs designed to improve the
professionalism of Panama's principal law-enforcement agency and
enhance its respect for human rights. So far, politically
motivated abuses by the PPF appear to be rare, at least by
comparison to the record compiled by the PDF, but corruption and
lawlessness are continuing: among other incidents, PPF members
were implicated in a bank robbery in Panama City and the theft
and destruction of property in Chiriqui province, and there are
persistent reports that the PPF provides assistance to drug
smugglers in several sections of the country. Frequent turnovers
at the top of the agency have hampered the government's ability
to identify and control such misconduct. Since the invasion,
there have been six PPF directors. The most recent resignation,
in October, was forced because of the director's open
participation in party politics, in violation of constitutional
prohibitions. The resignation before that, in April, resulted
from the Christian Democratic Party's ouster from the coalition
government of President Guillermo Endara.
</p>
<p> Apart from the PPF, President Endara has created an
Institutional Protection Service (IPS) of between six and nine
hundred members whose activities are of concern to many
Panamanians. Charged with protection of the office of the
president, the IPS is believed to carry on the wiretapping
program of Noriega's G-2 intelligence service. In addition, the
structure of the IPS its members are heavily armed, do not wear
uniforms or badges, and have no clearly defined chain of
command poses a constant risk of return to the
paramilitary-style abuses of the Noriega era. These concerns are
reinforced by widespread reports, never denied by President
Endara, that both the IPS and the Public Security and National
Defense Council are headed by Menalco Solis, a former Noriega
minister and ally.
</p>
<p> In upholding the freedoms of expression and association, the
current government represents a substantial improvement over
the prior regime. Public protests are not uncommon and, with a
few notable exceptions, have not been met with official
vio