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Panama ADMINISTRATION OF JUSTICE
For the first several years of its existence, Panama depended
on the legal code inherited from Colombia. The first Panamanian
codes, promulgated in 1917, were patterned on those of Colombia and
other Latin American states that had earlier broken away from the
Spanish Empire; therefore, Panama's legal heritage was based on
Roman law as passed on through Spain and its colonies.
Nevertheless, several features of Anglo-American law have also been
accepted in Panama. Habeas corpus, a feature of Anglo-American
legal procedure that is not found in many Latin American codes, has
been constitutionally guaranteed in Panama. Judicial precedent,
another Anglo-American practice, has also made some headway;
however, judges and magistrates usually have had little leeway in
matters of procedure, delays, and degrees of guilt.
The Public Ministry provided for in the Constitution has
defended the interest of the state; fostered the enforcement and
execution of laws, judicial decisions, and administrative orders;
supervised the official conduct and the performance of duty of
public officials; prosecuted offenses of constitutional or legal
provisions; and served as legal adviser to administrative
officials. The functions of the Public Ministry were fulfilled by
the attorney general of the republic, the solicitor general, the
district attorneys, and the municipal attorneys. There were two
alternates for each official of the ministry; all were appointive
positions. The attorney general, the solicitor general, and their
alternates were executive appointees; district attorneys and
municipal attorneys were appointed by their immediate superiors in
the judicial system. They in turn appointed subordinate personnel
in their own offices.
In addition to the stipulations of "free, prompt, and
uninterrupted" administration of justice and the establishment of
the Public Ministry, the Constitution has several other statements
about the application of laws, the treatment of citizens under the
law, and the handling of prisoners. Article 21 guarantees freedom
from arbitrary arrest, and Article 22 provides for habeas corpus.
Article 29 prohibits the death penalty. Article 42 provides that
"In criminal matters, a law favorable to the accused always has
priority and retroactivity, even though the judgement may have
become final." Article 163 gives the president power to grant
pardons for political offenses, to reduce sentences, and to grant
parole. Article 187 states that a person convicted of an offense
against public order may not hold any judicial office in the
future. Article 197 establishes trial by jury.
Under a section of the Constitution headed "Individual and
Social Rights and Duties," private citizens are assured that they
can be prosecuted by government authorities only for violations of
the Constitution or the law. The procedure for arrests is also
described, stating that arrests may result from response to
complaints made to the police or from direct action on the part of
police or DENI agents at the scene of the crime or disturbance. The
validity of citizen's arrest is recognized: "An offender surprised
flagrante delicto may be apprehended by any person and must be
delivered immediately to the authorities." No person may be held
for more than twenty-four hours by the police without being brought
before competent authority. The Constitution forbids arrest or
detention for violation of purely civil obligations or for debts.
During the course of an investigation, the accused and all
witnesses are questioned, the latter under oath. The Constitution
guarantees that no accused person may be forced to incriminate
himself or herself, and the authorities are forbidden to force
testimony from any close relative, whether related by blood or
marriage, that is, "within the fourth degree of consanguinity or
the second degree of affinity." Investigators may enter a person's
home only with consent or a written order (search warrant) from a
competent authority or to assist victims of crime or natural
disaster. In general, all testimony must be presented in written
form and be signed by investigators, accused, and witnesses. If a
case warrants prosecution, it is referred to the appropriate court.
Although bail is permissible in some cases, it is a privilege
subject to many restrictions and may be denied at the request of
the prosecutor if a judge concurrs.
There was considerable evidence that many of these
constitutional provisions were not realized in the daily lives of
Panamanian citizens in the late 1980s. The most striking example
was the case of Dr. Hugo Spadafora. Spadafora was a former senior
government official, who had criticized the role of the Defense
Forces in politics and the alleged role of Noriega in drug
trafficking. Spadafora's headless body was found in Costa Rica near
the border of Panama in September 1985 after reports that he had
been taken into custody by members of the Defense Forces. There
also were allegations that Dr. Mauro Zúñiga, head of an opposition
group called the National Civilian Coordinating Committee
(Coordinador Civilista Nacional--COCINA), was abducted and beaten.
Although the Constitution provides for habeas corpus and the
prompt and uninterrupted administration of justice, several
incidents suggested that these principles were sometimes violated.
It should also be noted that various articles of the Constitution
guaranteeing basic rights were suspended during the temporary state
of emergency declared in 1987. Moreover, the government responded
with excessive brutality to popular marches and demonstrations in
Panama in mid-1987. According to a December 1987 United States
Senate staff report on Panama, over 1,500 persons were arrested
between June and September 1987. Credible evidence suggests that
many of them were subjected to cruel and inhuman treatment while in
jail.
Data as of December 1987
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