open.8 Regarding the on-site inspection made in La Palma on June 8, 2012, they considered
that it was a useless action that did not provide any relevant information because a previous
inspection carried out on May 17, 2010, had the same purpose, and this had been recorded.
As regards the on-site inspections made in Metetí and in La Esperanza, they indicated that
the investigating authority had merely recorded a general description and taken some
photographs. In relation to the two sworn statements obtained by this authority, they
considered that, since the statements were made by two individuals chosen at random, they
did not provide any substantive information to the investigation. Furthermore, they
indicated that Mr. Vélez Loor had not been able to make his initial statement, “a procedural
measure that was essential for determining the events denounced,” “because the
Panamanian authorities had not communicated with him, even though his contact
information in Bolivia had been formally provided to the Head of International Affairs of the
Panamanian Public Prosecution Service.” According to the representatives, there is also no
evidence in the case file that the State has taken any measure following the communication
of the International Affairs Secretariat of the Attorney General’s Office indicating that the
request for assistance should be corrected. Regarding the identification of the two police
agents, they indicated that the State had not specified where these individuals were, or
what other measures it was taking to investigate their possible participation in the events
denounced; also, that their statements had not been received and Mr. Vélez Loor had not
been asked to identify them. They therefore asked the Court to require the State to provide
an account of the measures that were pending and a timetable for implementing them.
15.
The Commission indicated that the information provided by the State was minimum
and revealed that no measures had been taken. In addition, it was waiting for the State to
“provide an explanation with regard to the representatives’ observations on the transfer of
jurisdiction to the province of Darién,” and that it indicate “whether this transfer meant that
the investigations do not include the events denounced by Mr. Vélez Loor during the time he
was detained in the La Joya-Joyita prison.”
16.
First, the case file provided reveals that, from February 8, 2011, the date on which
the Fifth Criminal Circuit Judge relinquished jurisdiction to the Judicial Criminal Circuit of
Darién, and June 6, 2012, no investigative measures were taken. However, the waiver of
jurisdiction to the Judicial Criminal Circuit of Darién cannot become an obstacle or a
mechanism to delay the criminal investigation into the facts denounced. Subsequently,
according to the State, on-site inspections were carried out, sworn statements were
received, an attempt was made to request judicial assistance from the judicial authorities of
the Plurinational State of Bolivia in order to obtain Mr. Vélez Loor’s sworn statement, notes
were sent out requesting specific documentary evidence, and information was exchanged
with regard to the identification of two police agents. In this regard, the Court considers
that, although certain investigative activity by the authorities responsible for the
investigation can be observed, the truth is that, more than nine years after the State was
advised of the alleged acts of torture and ill-treatment, and more than three years after the
investigations were initiated,9 the information provided by the State does not reveal
significant progress in the criminal investigation.
8
The representatives also indicated their concern owing to Order No. 52 issued by the Fifth Criminal Circuit
Court of the First Judicial Circuit of Panama on February 8, 2011, because they considered it essential that the
investigation in this case include all the facts denounced by Mr. Vélez Loor, including those that occurred during his
detention in the Public Prison in La Palma and in the La Joya-Joyita Prison in Panama City.
9
Cf. Case of Vélez Loor v. Panama. Preliminary objections, merits, reparations and costs. Judgment of
November 23, 2010. Series C No. 218, paras. 235 and 242.
6