K. Communication Ho. 289/1988. Dieter Wolf v. Panama (views adopted on 26 March 1992, at the forty-fourth session) Submitted bv: Dieter Wolf M l e g e d victim; The author State party; Panama Date of comrnunicationi 30 January 1988 Date of decision on admissibilityi 27 July 1989 The Human Bights Committee, established under article 28 of the International Covenant on Civil and Political Eights, Meeting on 26 March 1992, Having concluded its consideration of communication No. 289/1988, submitted to the Human Eights Committee by Mr. Dieter Wolf under the Optional Protocol to the International Covenant on Civil and Political Rights, Having taken into account all written information made available to it by the author of the communication and by the State party. Adopts its views under article 5, paragraph 4, of the Optional Protocol. 1. The author of the communication is Dieter Wolf, a German citizen who, at the time of his initial submission to the Committee, was detained at the Isla de Coiba penitentiary in Panama. In September 1988, he was released and allowed to leave the country; since July 1989, he has resided in Germany. By letter of 2 July 1990, he requested the Committee to proceed with the examination of his communication. The author claims that his human rights have been violated by the authorities of Panama. Although he does not invoke violations of specific provisions of the International Covenant on Civil and Political Eights, it appears from the context of his submissions that he claims violations of articles 9, 10 and 14 of the Covenant. Facts as submitted by the author 2.1 The author indicates that he was arrested on 14 January 1984 on charges of having issued a total of 12 uncovered cheques, for amounts ranging from US$ 25 to $3,000. He explains that under article 281 of the Panamanian Criminal Code, individuals who issue uncovered cheques are entitled to a "grace period" of 48 hours to settle their debts, so as to avoid arrest and detention. The author was not given this grace period but was instead immediately imprisoned at the Modelo prison. When he complained and invoked article 281 of the Criminal Code, he was transferred 300 kilometres away to the island of Coiba, which houses a penitentiary for inmates sentenced to hard labour. He claims that he has never been brought before a judge. 2.2 The author insists that when he was transferred to Coiba, no judgement against him had been delivered. Furthermore, although he had requested legal assistance, he was not given access to legal counsel. If legal counsel was ever assigned in his case, he never had any contact with him. -277-