18
Partially, for the violation of the right to a fair trial [judicial guarantees],
enshrined in Articles 8(1) and 8(2) subsections (b), (c), (d), and (f), and 25 of
the Convention, in conjunction with Article 1(1) therein, regarding the
application of the punishment of two years’ imprisonment ordered by means of
Order 7306 of December 6, 2002, issued by the National Office of Immigration
and Naturalization.
59.
At the public hearing, the State repeated its partial acknowledgment of
responsibility, specified the aspects acknowledged as to the arrest conditions, and
indicated that such acknowledgment does not apply to: i) Article 2 of the American
Convention insofar as the Panamanian legal system establishes the mechanisms of
protection necessary to ensure personal liberty, ii) the alleged acts of torture referred
to by the representatives; and, iii) the alleged violation of the right to appeal the
judgment contemplated in subsection h) Article 8(2) of the Convention.
60.
In its final written arguments, the State repeated that “it maintains the partial
acknowledgment of responsibility regarding the facts,”
As to the right of personal liberty, “it acknowledge[d] responsibility for the
application of the punishment established by Article 67 of Decree Law 16 of
1960 […] without having guaranteed, in the instant case, Mr. Vélez the
possibility for preparing his defense before the application of such punishment.
This measure constituted the violation of the right to personal liberty,
embodied in Articles 7(1), 7(3), 7(4), 7(5), and 7(6) of the [American
Convention] in conjunction with the general obligation contained in Article 1(1)
[therein].”
Regarding Article 7(1) of the American Convention, “it expressed its
acknowledgment of responsibility for the partial non-compliance with the
obligation contained in Article 1(1) of the Convention, insofar as the arrest
ordered by the Order of December 6 only partially took into account the
guarantees contained in Articles 7(3), 7(4), and 7(5), which in turn constitutes
non-compliance with the general obligation to respect the norms of the
Convention.”
As to Article 7(3) of the American Convention, “[t]he State acknowledged,
regarding Order 7306, the responsibility for the violation of the right enshrined
in Article 7(3) in conjunction with Article 1(1) of the Convention in view of the
non-compliance with the obligation to promptly notify Mr. Vélez Loor of the
reasons for his arrest as of the issuance of said Order 7306 of December 6,
2002.”
In relation to Article 7(4) of the American Convention, the State expressed
that “[d]espite it being true that the State orally informed Mr. Vélez of the
reasons for the imposition of such punishment, as of his arrest and, despite Mr.
Vélez having been deported in the month of January of 2002 under penalty of
the punishment contained in Article 67 of [Decree Law] 16, the State admits
that, in light of its domestic legal system and its international obligations, such
actions were not sufficient to adequately comply with the obligation to serve a
formal notification of the specific charges that would be considered by the
[National Direction of Immigration] and with which Jesus Vélez could be
punished according to Decree Law 16 [...]. There is no record of the formal
written notification of the charges brought against Vélez Loor.”
Regarding the right to humane treatment [personal integrity], “[t]he State
assum[ed] responsibility for not having guaranteed the appropriate arrest
conditions to Mr. Vélez, insofar as the general conditions of the penitentiary
centers of the Penitentiary National System of Panama, in which he was
detained, (La Palma and La Joyita) did not comply with the standards to
guarantee and safeguard the right to humane treatment, which constituted the
violation of Articles 5(1) and 5(2) of the [American Convention].”
In addition, the State acknowledged “responsibility for the violation of the right
to a fair trial [judicial guarantees] and judicial protection embodied in Articles