site.7 In the understanding that this last publication will be available for one year as of its
publication, the Court finds that the thirteenth operative paragraph of the Judgment has
been complied with entirely. In this regard, it assesses positively the efforts made by the
State to comply fully with this aspect of the Judgment.
c)
Obligation to continue effectively, with the greatest diligence and
within a reasonable time, the criminal investigation opened in relation to
the facts denounced by Mr. Vélez Loor, in order to determine the
corresponding criminal responsibilities and to apply, as appropriate, the
punishments and other consequences provided for by law (fourteenth
operative paragraph of the Judgment)
13.
The State indicated that, in Hearing No. 272 of August 31, 2010, the Eleventh Circuit
Criminal Prosecutor of the First Judicial Circuit of the province of Panama asked the judge of
the case to issue an order relinquishing jurisdiction to the Darién Circuit. In response, the
Fifth Circuit Criminal Court of the First Judicial Circuit of Panama, in Decision No. 52 of
February 8, 2011, disqualified itself from hearing the criminal inquiry and decided to
relinquish jurisdiction in favor of the Darien Criminal Judicial Circuit, on the grounds that the
incident being heard was committed in the province of Darién, the place where it initiated,
without disregarding the fact that the events also continued in the La Joyita Prison. In this
regard, the State emphasized that this relinquishment “does not exclude the investigation
and prosecution” of the events that occurred subsequently in the La Joyita-Joya Prison,
located in the province of Panama, by the Preliminary Investigation Agency and the
Combined Circuit Court of the province of Darién. Consequently, on January 24, 2012, the
case file with the written proceedings relating to the inquiry for the supposed perpetration of
the offense against the liberty of Mr. Vélez Loor was forwarded to the Criminal Circuit Judge
of the province of Darién, and was received on February 10, 2012. In addition, the State
presented information on the measures taken in the context of the criminal investigation,
which included: (a) two site inspections on June 8, 2012, in the offices of the National
Border Service; the first in the district of La Palma, and the second in the community of
Piedra Candela, Metetí, as well as a third inspection carried out on June 21, 2012, in the
former Police headquarters of the community of La Esperanza on June 22, 2012; (b) two
sworn statements from residents of the community of La Esperanza of June 22, 2012; (c)
request for judicial assistance No. 01/12 of June 2012 to the judicial authorities of the
Plurinational State of Bolivia, under the provisions of the Inter-American Convention on
Mutual Assistance in Criminal Matters, in order to obtain the sworn statement of Mr. Vélez
Loor. In this regard, it can be inferred that the said request was presented to the Attorney
General on June 11, 2012, and that, on July 5, 2012, the International Affairs Secretariat of
the Attorney General’s office returned the said request for a correction to be made, and (d)
on July 18, 2012, the National Directorate of Legal Advisory Services forwarded information
relating to the identification of two police agents to the Prosecutor of the province of Darién.
14.
The representatives observed that, following the Judgment handed down by the
Court, the State “has taken very few actions to comply with the measures ordered.” In this
regard, they indicated that the disqualification to hear the case by the Fifth Criminal Circuit
Judge of the First Judicial Circuit of Panama and the relinquishment in favor of the Darién
Judicial Circuit was a matter of concern, because “this procedural measure seriously delayed
the investigation,” because the disqualification occurred on February 8, 2011, while the case
file was only forwarded to the prosecutor of the Darién Judicial Circuit on January 24, 2012,
and it was only on February 10, 2012, that it was decided to declare the investigation
7
The link is as follows: http://www.mire.gob.pa/sites/default/files/documentos/derechos-humanos/CasoVelez-Loor-vs-Panama-Sentencia-del-23-de-noviembre-de-2010.pdf (last visited February 13, 2013).
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