victims. The Unit also has a Psycho-diagnosis Program for regular or irregular migrants who
are in the custody of the National Immigration Service, which provides free psychological
treatment to any retained foreigner who expresses the need to receive this service. In its
brief of February 5, 2013 (supra having seen paragraph 5), the State presented the
following additional information: (a) starting in 2012, the National Immigration Service
included in its training the “International diploma course on migratory matters”; the threemonth course was attended by officials from the different departments of this institution.
The State also referred in detail to the content of this diploma course; (b) in 2012, training
sessions were offered by the Ombudsman’s Office during the “Seminar on the obligations of
the Panamanian State towards migrants and the obligation to investigate acts of torture:
case of Vélez Loor” and “Human rights and vulnerable groups,” and (c) the training diploma
on migratory matters will continue to be offered in 2013, and the annual program will
include a seminar on the international protection of refugees and human rights.
27.
The representatives indicated that the State had not provided details of the content
of the psycho-educational program offered by the Victims’ Unit of the National Immigration
Service in coordination with the Immigration Academy, or of the training that the State’s
officials receive at this Academy. They also observed that, at no time had the State
provided elements to explain how the information provided is related to compliance with the
obligation to implement education and training programs for State officials and that, when it
mentions training programs, the information is so succinct that it does not allow verification
of whether it relates to the measures ordered by the Court. Consequently, they considered
it pertinent that the Court ask the State to provide detailed information on the way in which
it was complying with this measure of reparation.
28.
The Commission affirmed that the State had presented information on matters that
were unrelated to the measures ordered by the Court. In this regard, it indicated that, for
this measure of non-repetition to have the desired impact, the State must tackle the specific
issues ordered by the Court and address the officials indicated in the Judgment;
furthermore, the training program should have been implemented after the Judgment.
Consequently, it was waiting for the State to present specific information on this point.
29.
First, the Court finds that, the information that the State has provided to date on the
psycho-educational program does not reveal that it is related to the obligation established
by the Court; particularly taking into account its curriculum (supra considering paragraph
26). In this regard, the Court reminds Panama that, according to paragraph 278 of the
Judgment, the education and training program ordered by the Court must refer to the
international standards on the human rights of migrants, the guarantees of due process of
law, and the right to consular assistance, and must make special mention of the Judgment
and the international human rights instruments to which Panama is a party. Second, the
Court notes that, although the State provided information on the training offered to officials
of the National Immigration Service, it failed to submit any supporting documentation or
detailed information on how many officials had taken part in it, as well as with regard to
other officials who, based on their terms of reference, deal with migrants. Consequently, the
Court asks the State to present completed, detailed and recent information on the measures
taken to comply with this aspect of the Judgment, as well as a copy of the respective
supporting documentation.
f)
Obligation to implement, within a reasonable time, training programs
on the obligation to open investigations, ex officio, whenever a report or a
well-founded reasons exists to believe that an act of torture has been
committed under its jurisdiction, for members of the Public Prosecution
Service, the Judiciary, the National Police, and health sector personnel with
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