68
225. The Court values the political will of the State to improve the conditions of
imprisonment of its prisoners and to reform the entire penal system.255 The fact is
that Mr. Vélez Loor, who was imprisoned for almost ten months, was subjected to
prison conditions that did not respect his integrity and dignity.
226. In relation to the alleged “context of violence and accusations of police abuse
in the Panamanian penitentiary centers, to the detriment of a foreign person whose
guarantees have been denied,” the Court observes that the representatives did not
offer sufficient and assorted evidence referring to the time of the facts that permits
the Court to deliberate over the issue.
227. According to the acknowledgment made by the State and the evidence
furnished, the Court finds that the conditions of imprisonment at La Palma Public
Prison, as well as those of La Joyita Penitentiary Center, as a whole, constituted a
cruel, inhumane, and degrading treatment contrary to the human being and
therefore, configures a violation of Articles 5(1) and 5(2) of the American Convention,
in relation to Article 1(1) therein, to the detriment of Mr. Vélez Loor.
c)
Duty to initiate ex officio a prompt investigation into the alleged
acts of torture
228. The Commission as well as the representatives stated that, after he was
deported to his country, on January 24, 2004, Mr. Vélez Loor filed a complaint before
the Embassy of Panama in Quito, Ecuador, through his lawyer at the time, alleging
acts of torture supposedly committed while he was deprived of liberty in Panama.
However, it was not until the notification of the report on the merits issued by the
Commission that the State initiated a criminal investigation into said complaints.
Therefore, they considered the non-compliance of the State of Panama with the
obligation to seriously investigate the complaint regarding possible acts of torture
occurring under its jurisdiction to be evident.
229. The State emphasized that Mr. Vélez Loor “while he was in the territory of
Panama, never filed a complaint against the State on acts of torture committed
against him.” Likewise, the State noted that “on March 30, 2003, Mr. Vélez filed a
request at the Ombudsman Office to obtain the intervention of said institution only
regarding his deportation to Ecuador [and that in t]his request there is no reference
to any complaint of mistreatment, torture, denial of medical assistance or others, that
according to him, occurred since the first day of his detention. As such, "the first news
that the authorities of the Panamanian State had about the alleged acts of torture and
mistreatment committed against Mr. Vélez was reported before the Embassy of
Panama in Ecuador, on January 24, 2004.” The State sustained that “it immediately
initiated an administrative investigation” but “the results of the verification revealed
the lack of consistency between the facts and the circumstances described in [said]
communication […] and the information forwarded by the different Panamanian
authorities.” Hence, “[t]he case file of such complaint remained open but no formal
complaint was filed regarding the facts given that there were no elements as
adequate basis of such complaint.” Finally, the State referred to the existence and
255
Cf. Statement rendered by Mrs. Roxana Méndez before a public notary (affidavit) on August 12,
2010 (case file of the evidence, tome IX, affidávits, folios 3738 to 3746); Master Plan for the Construction
of the Panama Prison Infrastructure undated (case file of the evidence, tome VIII, annex 52 to the
response to the application, folios 3533 to 3558); Opening for Bids for the Contract to Design, Construct,
and Equipt the New Joya Complex, under the Key Modality at the hands of the Department of Institutional
Procurement and Supplier of the Ministry of the Interior and Justice on March 17, 2010 (case file of the
evidence, tome VIII, annex 52 to the response to the application, folios 3559 to 3579), Report of the
Evaluation Commission Prequalification No. 1 for the Bid to Design, Construct, and Equipt the New Joya
Prison Complex under the Key Modality of March 27, 2010 (case file of the evidence, tome VIII, annex 52
to the answer to the application, folios 3580 to 3604), and Resolution No. 125-2010 issued by the Ministry
of the Interior and Justice on April 7, 2010 (case file of the evidence, tome VIII, annex 52 of the answer to
the application, folios 3605 to 3606).
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