23 87. It is an undisputed fact that Mr. Portugal was born in the District of Calobre, Veraguas Province, Republic of Panama, and that, at the time of his detention, he was 36 years of age; he was a typographer, and lived on a permanent basis with Graciela De León Rodríguez, with whom he had two children, Patria and Franklin Portugal. Furthermore, Mr. Portugal had been a student leader and, subsequently, a supporter and promoter of the “Movimiento de Acción Revolucionaria” [Revolutionary Action Movement] led by Floyd Britton, who opposed the military regime. 88. The Truth Commission determined that the arrest of Heliodoro Portugal occurred on May 14, 1970, while he was “in the Coca-Cola Café situated in the Santa Ana Park, when a taxi, a red van, drew up in front of the Café. Two men dressed as civilians got out; they arrested him, forced him to get into the car […] and took him away].”43 89. According to the case file, when Graciela De León, Mr. Portugal’s companion, realized that he had been detained, she tried unsuccessfully to find him.44 According to the alleged victim’s next of kin, approximately one month after the detention, “a police agent came to the house and told them that he had been sent by the victim to tell them not to worry, that he was in Tocumen and would soon be released.”45 The Truth Commission’s report states that, in December 1999, a witness confided to a journalist that he had been imprisoned with Heliodoro Portugal in a house whose address he was unaware of, but he thought that it was near the “Casa de Miraflores,” which the Truth Commission considered to be one of the clandestine interrogation and torture centers during the initial years of the dictatorship.46 The witness related that they held a man prisoner in the room next to the one in which he was detained and, during the interrogations, he heard that the man’s name was Heliodoro Portugal; they asked the latter whether he knew Floyd Britton.47 The witness also stated that, from Miraflores, they “were taken blindfolded to the Tocumen Barracks, to a meeting room, around October 9 or 10, 1970. The following day, he saw Heliodoro Portugal, who asked that his family be contacted. The witness was transferred to the Chorrera Prison and heard nothing more about the alleged victim.”48 90. Subsequently, in 1977, the Inter-American Commission carried out a visit in loco to Panama and asked the State whether it had any information on the whereabouts of several disappeared persons, including Mr. Portugal. According to the Commission’s report on this visit, on that occasion, the State identified Mr. Portugal as a “well-know member of the Panamanian Communist Party,” and indicated that “he was not under investigation, that he did not have a criminal record, and that [it] was unaware of his whereabouts.”49 91. According to her testimony before the Court,50 in 1987 and 1988, Patria Portugal, 43 Final Report of the Panama Truth Commission, supra note 36, p. 101, f. 4279. 44 Testimony of Graciela De León of June 21, 1990, before the Third Superior Prosecutor’s Office of the First Judicial District of Panama (file of appendixes to the application, appendix 3 f. 54). Testimony given at the public hearing held on January 29, 2008, at the seat of the Inter-American Court of Human Rights by the witness Patria Portugal. 45 Final Report of the Panama Truth Commission, supra note 36, p. 101, f. 4279. 46 Cf. Final Report of the Panama Truth Commission, supra note 36, pp. 48-53, fs. 4315 to 4319. 47 Cf. Final Report of the Panama Truth Commission, supra note 36, p. 101, f. 4366. 48 Cf. Final Report of the Panama Truth Commission, supra note 36, p. 101, f. 4366. 49 Cf. IACHR, Report on the situation of human rights in Panama, of June 22, 1978. OEA/Ser.L/V/II.44 doc. 38, rev 1, Chapter II: Right to life, liberty and personal safety. 50 Cf. testimony given by Patria Portugal before the Inter-American Court, supra note 44.

Select target paragraph3