83
in such places, the Tribunal considers that in this case it is not pertinent to order a
measure as the one requested. Nevertheless, the Court recalls the special position of
the State with respect to persons deprived of liberty. On such grounds, the State is
specially obliged to ensure the rights of persons deprived of liberty,307 and in
particular, the adequate provision of water supply in La Joya-La Joyita Penitentiary
Center, and to secure that the conditions of imprisonment in said establishment as
well as in La Palma Public Prison conform to international standards on the matter.
c)
Measures of training for government officials
277. The representatives requested the Court to “order the State to implement
training programs addressed to officials of the National Migration Services in relation
to the guarantees of due process and the right every person has […] to have access
to them in an effective manner" and to establish the content of said programs in
common agreement with recognized organizations in the field of the rights of
migrants. In relation to the implementation of training programs, the State did not
present any argument.
278. Once analyzed the evidence furnished by the Commission and the
representatives and taking into account the acknowledgment of responsibility made
by the State, the Court determined that the violations of the rights of Mr. Vélez Loor
were characterized by the action or omission especially of officials of the then National
Office of Immigration and Naturalization and the National Prison System. In light of
this and of the circumstances of the instant case, the Court considers that the State
must implement, within a reasonable time, an education and training program for the
personnel of the National Migration and Naturalization Services, as well as for other
officials that in their capacity have to deal with migrants, regarding the international
standards related to the human rights of migrants, the guarantees of due process and
the right to consular assistance. In said program, the State shall make special
reference to the present Judgment and the international human rights treaties to
which Panama is a Party.
279. The Commission requested the Court to order the State to adopt measures so
that “the Panamanian authorities learn and comply with the obligation to initiate ex
officio investigations whenever there is an accusation or well-grounded reason to
believe that an act of torture has been committed under its jurisdiction.”
280. Finally, the Court considers it is appropriate to order the State to implement,
within a reasonable time, training programs on the prohibition to torture and the
obligation to initiate ex officio investigations if there is an accusation or a wellgrounded reason to believe that an act of torture has been committed under its
jurisdiction, addressed to personnel of the Public Prosecutor's Office, the Judiciary,
the police as well as medical personnel with authority in this type of cases and who
because of their functions constitute the first line of primary attention to torture
victims.
d)
Measures to ensure that the Panamanian immigration laws and
the application thereof conform to the American Convention on Human
Rights
281. The Commission requested the Court to order the State to guarantee that the
domestic immigration legislation and its application conform to the minimum
307
Cf. Matter of Urso Branco Prison. Provisional measures regarding Brazil. Order of the InterAmerican Court of Human Rights of June 18, 2002, Considering clauses 6 and 8; Matter of Penitenciary
Center of Aragua "Cárcel de Tocorón." Provisional measures regarding Venezuela. Order of the InterAmerican Court of Human Rights of November 24, 2010, Considering clause 12, and Matter of Guerrero
Larez. Provisional measures regarding Venezuela. Order of the Inter-American Court of Human Rights of
November 17, 2009, Considering Clause 13.
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