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committed against the victim and punish them accordingly. They indicated that “once
the investigation is initiated, the victim shall have full access and capacity to act in all
the procedural stages according to the domestic law and the American Convention
and that the State should guarantee him and all the people involved in the
investigations, effective protection.” In addition, they requested that the results of the
investigations be publicly and broadly disseminated, so that the Panamanian society
learns about them. Finally, they emphasized the need for Mr. Vélez Loor to obtain
justice so as to "condemn what happened in Panama” in order to “restore his honor
and dignity.”
269. Moreover, the State informed that the Public Prosecutor’s Office had initiated a
criminal investigation in order to determine the responsibilities for the facts
mentioned in this case. Regarding the other violations, the State pointed out that the
obligation to adopt measures like these is not possible and objected to such request,
given “that these measures could be ordered only when it has been effectively
determined that the facts protected by the Convention had been violated.”
270. Taking into account that as of July 10, 2009 a summary investigation into the
crime against liberty to the detriment of Mr. Vélez Loor is being conducted (supra
paras. 242 and 245), as well as the jurisprudence of this Tribunal305, the Court orders
the State to effectively continue and conduct with the most diligence and within the
most reasonable term the criminal investigation initiated for the facts mentioned by
Mr. Vélez Loor. To that end, the State must seriously adopt all measures necessary to
identify, prosecute and, if applicable, punish all the perpetrators and participants of
the facts giving rise to the violations committed against Mr. Vélez Loor, for the
criminal and other effects that may arise from the investigation into the facts. For the
investigation into the allegations of torture, the competent authorities must take into
consideration the international standards for documentation and for the construction
of forensic evidence proving the commission of torture acts and, in particular, the
Manual on Effective Investigation and Documentation of Torture and Other Cruel,
Inhumane or Degrading Treatment or Punishment (“Istanbul Protocol”).306
4.
Guarantees of Non-Repetition
a)
To adopt measures to guarantee the separation of inmates
imprisoned due to immigration reasons from those imprisoned for
criminal offenses.
271. The Commission did not make reference to this measure. The representatives
pointed out that, nowadays, the Panamanian legislation provides that undocumented
migrants who are detained shall be placed in “short-stay preventive shelters.”
However, such shelters only exist in Panama City and therefore, irregular migrants
who are arrested in other regions shall be sent to penitentiary centers together with
accused and convicted inmates by criminal offenses. Consequently, they requested
the Court to order the Panamanian State to adopt effective measures to guarantee
people detained for suspected immigration violations to be placed in centers intended
for them, in which their needs are adequately satisfied. The State made reference to
the inauguration of the shelters of the National Office of Immigration and their
characteristics and considered it was important to highlight that, in these shelters,
only migrants are housed.
305
Cf. Case of the Miguel Castro-Castro Prison, supra note 27, para. 441; Case of Rosendo Cantú et
al., supra note 27, para. 211, and Case of Fernández Ortega et al., supra note 27, para. 228.
306
Cf. United Nations Office of the High Commissioner for Human Rights, Istanbul Protocol (Manual
for Effective Research and Documentation of Torture and other cruel, inhumane, or degrading treatment),
New York and Geneva, 2001.
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