tribunal, in that he was not heard personally and not served sufficiently
motivated indictments. He further complains that, at all times, he was denied
access to legal counsel and that he was never brought before a judge; he
emphasizes that these elements constitute not only violations of the Covenant
but also serious violations of Panamanian law.
3.2 It is further submitted that the judicial proceedings in the case were
unreasonably prolonged! in particular, the Juzcrado Primero of San Miguelito
only rendered its judgement in respect of the allegedly uncovered chegue of
$169 in September 1988, over four and a half years after Mr. Wolf's arrest.
3.3 As to the conditions of detention, the author complains about illtreatment in the Modelo prison (see para. 2.8 above). He adds that he had to
perform forced labour at Coiba prison although no sentence had been pronounced
against him. In the latter context, be claims, in general terms, that inmates
on Coiba are physically abused, beaten, tied to trees, denied food and obliged
to buy some of their food from the prison commander, who is said to confiscate
40 per cent of the food sent from Panama City and then sell it to the inmates.
State party's information and observations
4.1 The State party contends/ in submissions made both before and after the
Committee's decision on admissibility, that the communication is inadmissible
on the ground of non-exhaustion of domestic remedies and observes that
criminal proceedings were still pending against him. It explains that
"Panama's legal system provides effective remedies under its criminal law
against [for example] the committal decision taken pursuant to articles 2426
to 2428 of the Panamanian Code of Criminal Procedure. The applicant faces a
number of criminal charges in connection with which no judgement has yet been
given; the normal procedure is being followed. He may, however, appeal to a
higher court against the committal decision, in addition to resorting to all
the remedies specified under criminal law".
4.2 As to the facts of the case, the State party notes that on
16 September 1985, the author was sentenced to three years' and seven months'
imprisonment for 11 counts of cheque fraud, a/ Had he served the full term,
he would have been released on 8 January 1988. He was, however, released on
parole by Executive Decision of 24 November 1986, signed jointly by the
President of Panama and the Minister of the Interior and Justice; he was free
after that date, until he was rearrested for further offences, b/
4.3 Concerning the further judicial proceedings against Mr. Wolf, the State
party explains that on 15 September 1988 the Juzqado Primero of San Miguelito
found the author guilty of signing an uncovered chegue to the order of a
supermarket, and sentenced him to two years' and 10 months' imprisonment and
an additional 87-cEay fine at the rate of 2.5 balboas a day. At the same time,
the Juzgado Octavo continued to investigate one further charge of fraud
against the Compania Xerox de Panama, and another one of forgery to the
detriment of Apartotel Tower House Suites. Mr. Wolf was sentenced to three
years' imprisonment on the first charge; he appealed, and the case was
transferred to the Second High Court of Justice (Segundo Tribunal Superior de
Justicia), which ordered the Juzqado Ouinto to join the indictments and
pronounce a single sentence. In the second case, oral proceedings had been
scheduled but could not proceed, because the accused had left Panamanian
territory.
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