72
Vélez Loor,264 and a copy of the complaint presented before the Ombudsman's Office
of Ecuador was attached to said brief (supra para. 234). The parties agree that this
was the first time that the authorities of Panama heard about the allegations of
torture and mistreatment. Likewise, on September 15, 2004, Mr. Vélez Loor brought
the facts to the attention of the Panamanian Ministry of Foreign Affairs.265 The Court
notes that, in both briefs, the Panamanian State was notified of the allegations of
torture and mistreatment committed in Panama, while he was arrested in Darién as
well as while he was imprisoned at La Palma Public Prison and La Joyita Penitentiary
Center. Afterwards, on October 7 and October 24 of 2004, Mr. Vélez Loor sent two
electronic mails to the Office of Foreign Affairs –Legal Matters and Treaties of
Panama.266
236. As a result, the Court notes that said briefs were presented by Mr. Vélez Loor
against the State of Panama once he was no longer under custody of Panama. In this
respect, it is important to note that the victim may refrain, because he is afraid, from
denouncing the acts of torture or mistreatment, especially if the victim is confined in
the same place where these facts occurred.267 Considering the situation of
vulnerability and defenselessness brought about by institutions such as prisons, the
interior of which is completely not subject to public examination, it is important to
emphasize the need to perform periodic inspections at detention centers,268 in order
to guarantee the independence of the medical and health care personnel responsible
for examining and providing assistance to those who are detained,269 and for these to
have available, adequate, and effective means to assert their claims and file
complaints while in deprived of liberty.270
237. From the evidence furnished, it springs that, after the receipt of the complaint
at the Embassy of Panama (supra para. 235), on January 27, 2004, said brief was
forwarded to the Ministry of Foreign Affairs of Panama,271 and on February 10, 2004,
the Office of Legal Affairs and Treaties of the Ministry of Foreign Affairs informed the
Embassy that it had requested information from the National Police and the Office of
264
Cf. Note E.P.Ec. N° 035-04 issued by the Embassy of Panama in Ecuador addressed to the Ministry
of Foreign Affairs of Panama on January 27, 2004 (case file of the evidence, volume VIII, annex 22 of the
response to the application, folio 3170 to 3182).
265
Cf. Complaint signed by Jesus Tranquilino Vélez filed before the Panamanian Foreign Office on
September 15, 2004 (case file of the evidence, volume VIII, annex 48 of the response to the application,
folio 3508).
266
In both of them he expressed in a consistent manner that “[he was] a victim of a cruel
imprisonment by part of the Director of Migration,” during which they sent him to cellblock 12 of the La
Joyita Penitentiary Center in which “[he was] savagely mistreated physically[,] morally, and sexually.”
Furthermore, he stated that during said imprisonment “they broke [his] head with a stick, opening a wound
of almost 4 [c]entimeters of which up to today [he is] still suffering.” In the second message, he added
that “a homosexual police officer from La Joyita demanded [him] to let [him] do oral sex on his penis in
exchange for removing [him] from the torture room that is known as la discoteca of cellblock 12 […].” Note
A.J. No. 2865 issued by the General Director of Legal Affairs and Treaties of the Ministry of Foreign
Relations of Panama addressed to the Chief of Consular Affairs of the Embassy of Panama in Ecuador on
November 17, 2004 (evidence file, volume VIII, annex 23 of the answer to the petition, folios 3184 to
3186).
267
Cf. Case of Bayarri, supra note 27, para. 92.
268
Cf. United Nations, Committee against Torture, General Observation No. 2: Application of Article 2
by States Parties, CAT/C/GC/2, January 24, 2008, para. 13.
269
Cf. Case of Bayarri, supra note 27, para. 92. See also, United Nations, Office of the High
Commissioner on Human Rights, Istanbul Protocol (Manual for the effective investigation and
documentation of torture and other cruel, inhumane, and degrading treatment) Nueva York and Geneva,
2001, paras. 56, 60, 65, and 66, and United Nations, Committee against Torture, General Observation No.
2, supra note 268.
270
Cf. United Nations, Committee against Torture, General Observation No. 2, supra note 268.
271
Note E.P.Ec N° 035-04, supra note 264.
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