CRC/C/PAN/CO/3-4
71.
The Committee recommends that the State party complete its law reform on
human trafficking and smuggling and addresses the issue of sale of children as defined
in the Optional Protocol on the sale of children, prostitution and pornography. It also
recommends that all necessary measures be taken to ensure the enforcement of the
law. The Committee recommends that the State party ratify the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, especially Women and Children (known
as the Palermo Protocol).
Helplines
72.
The Committee welcomes the establishment in 2009 of an emergency hotline for
children (Tu Línea 147). However, the Committee is concerned that children’s access to
this line is limited, as that it does not operate on a 24-hour-a-day basis.
73.
The Committee recommends that the State party ensure the 24-hour-a-day
availability of line 147 for all children everywhere in the State territory, and that it
promote awareness of how children can access it and seek help through it.
Administration of juvenile justice
74.
The Committee expresses its concern at the existence of an alarming social
perception regarding an increase in juvenile delinquency, which is not grounded on reality
or on official data in Panama. The Committee is deeply concerned at the various reforms to
Law 40/1999, implemented due to this unjustified alarming perception and resulting in a
weakening of the judicial provisions for children, and which are not in line with the
Convention. In particular, it expresses concern regarding the provisions in Law 15/2007
and Law 6/2010 as well as other provisions on administration of juvenile justice that may
lead to a denial of the rights of children in conflict with the law. The Committee is
especially concerned at:
(a)
The reduction of the age of criminal responsibility from 14 to 12 years
(reform to art. 7, Law 40/1999);
(b)
The derogation of the provision which forbids the extension of provisional
detention (reform to art. 52, Law 40/1999);
(c)
The widening of the scope of provisional detention to more offenses (reform
to art. 58, Law 40/1999);
(d)
The possibility granted for extensions to investigate an alleged offense
beyond the maximum time limit provided by law, and the elimination of a maximum time
limit to investigate cases related to minor offenses (reform to art. 85, Law 40/1999);
(e)
The revocation of socio-educational sanctions in case of recidivism for
certain offenses and the increase of the time in prison for aggravating circumstances
(reform to art. 141, Law 40/1999); and
(f)
The abolition of the possibility that children who have turned 18 years old,
and are sentenced to prison can conclude their sentence in a juvenile detention centre
(reform to art. 151, Law 40/1999).
75.
The Committee is particularly concerned with the conditions of the juvenile
detention centres in the State party. The incidents in the Tocumen and Arco Iris youth
detention centres mentioned in paragraphs 43 and 44 of these recommendations are of
special concern, since investigations have not yet been initiated or reached its term, and
those responsible have not been brought to justice. The Committee is concerned that the
general conditions of pretrial and detention centres for children in conflict with the law are
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