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brought to decide promptly about his liberty.” To the contrary, according to the
Commission, the reason for his detention was “to interrogate him, mistreat him, threaten
him and, finally, eliminate him.” The Commission argued that Article 7(6) of the Convention
was violated because Heliodoro Portugal was not granted “the possibility of filing, on his
own initiative, a prompt and effective remedy to determine the lawfulness of his detention,
and was kept deprived of liberty in a place other than the official or authorized places of
detention, without any institutional control.”
100. The Commission also indicated that the State of Panama violated Article 5(1) and
5(2) of the Convention, “because it did not respect the physical, mental and moral integrity
of Heliodoro Portugal, since it did not treat him with the respect due to the inherent dignity
of the human being.” According to the Commission, this alleged treatment consisted in: (i)
the forced transfer and hiding of the alleged victim, so that his next of kin did not know his
whereabouts; (ii) his subjection to a situation of incommunicado in places that were not
detention centers, and (iii) the fear and anguish produced by his situation of vulnerability
and “the uncertainty regarding the outcome of his deprivation of liberty, owing to the
systematic practice of extrajudicial executions at the time.” All of the foregoing in relation to
the existence of a pattern of grave human rights violations at the time of the facts. The
Commission also indicated that there is material evidence, such as the analysis of the
osseous remains and testimonial evidence, to suggest that the victim was subjected to
torture.
101. Lastly, the Commission indicated that Heliodoro Portugal was last seen alive in the
military barracks in the Tocumen area. The discovery and identification of his remains in
September 1999 “helped confirm that he had been executed in the barracks while he was in
the custody of State agents, and the date of this event is unknown at present.” In addition,
the Commission indicated that “the existence of a pattern of violations of the right to life in
Panama at the time of the facts has been proved”; a fact acknowledged by the State itself.
The disappearance of the victim extended until August 21, 2000, as a continuing violation
and, “although the genetic identification of the remains of Mr. Portugal confirms that that he
was executed while he was in the custody of the State,” there is still “uncertainty about the
date, method and place of this execution, as well as those responsible for the execution and
hiding the corpse.”
102. The representatives endorsed the allegations presented by the Commission. In brief,
the representatives indicated that there had been a violation of Article 7(1), 7(2), 7(3),
7(4), 7(5) and 7(6) of the Convention, because Mr. Portugal was a victim of unlawful and
arbitrary detention, that deprived him of his physical liberty without any legal basis and
without being brought before a judge or court with competence to examine his detention, so
that, in addition, he and his family were prevented from filing any judicial remedy that
would protect him from the arbitrariness of his detention. The representatives also stated
that, from the conditions in which the remains of Mr. Portugal were found, it could be
concluded that he was subjected to torture and that “the physical injuries he suffered could
have caused his death.” Lastly, the representatives indicated that “the political context in
Panama at the time resulted in an increase of violence against the opponents of the military
regime,” including torture. The representatives also indicated that the disappearance of
Heliodoro Portugal “occurred at the hands of State agents and in a context of political
violence, where grave human rights violations predominated.” Consequently, they asked the
Court to declare that Panama was responsible for the violation of Article 4 of the
Convention, because “the death of Mr. Portugal took place in a context of a forced
disappearance perpetrated by military agents, and was prolonged until 2000, when his
death was confirmed.”