PANAMA ATTORNEY GENERAL CONFRONTS PRISON ABUSE

UNCLAS SECTION 01 OF 02 PANAMA 000160

SIPDIS

SENSITIVE

DEPARTMENT FOR WHA/CEN
SOUTHCOM ALSO FOR POLAD

E.O. 12958: N/A
TAGS: PGOV PREL PM LABOR HUMAN RIGHTSPOLMIL
SUBJECT: PANAMA ATTORNEY GENERAL CONFRONTS PRISON ABUSE

REF: PANAMA 2004 HUMAN RIGHTS REPORT

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SUMMARY
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1. (U) Panama's Attorney General made an unscheduled visit
to La Joya Maximum Security Prison following newspaper
reports detailing prisoner abuse by guards in the crowded
facility. After her visit, the AG told reporters she had
found evidence of human rights violations and that the police
custodians responsible for the beatings would be punished.
Throughout 2005 the Panamanian press carried frequent stories
on poor treatment of inmates. The most recent stories,
showing photographs of prisoners allegedly beaten by guards,
may finally force the Government of Panama (GOP) to do
something to fix their dysfunctional prison system. Embassy
has received no reports of abuse directed against the three
American prisoners at La Joya and will continue to monitor
the situation. End summary.



2. (U) Panama's Attorney General Ana Matilde Gomez,
accompanied by representatives from the Ombudsman's Human
Rights Office, made an unannounced visit to La Joya prison
last Friday in response to abuse complaints from 23
prisoners. Gomez's visit came after a series of newspaper
articles detailed alleged abuse of prisoners by guards at La
Joya. The articles included photographs of prisoners with
bruises and black and blue marks on their bodies that
allegedly resulted from beatings by guards. The prisoner's
complaints allege that a group of guards entered a cell block
at 1:20 a.m. and beat prisoners with night sticks and rifle
butts. Following her visit to La Joya, Gomez told reporters
she had found evidence of human rights violations against the
prisoners and on Tuesday announced that members of the
Panamanian National Police (PNP) will be charged with human
rights violations. Panama's prison system (see reftel)
suffers from overcrowding, poor health and sanitary
conditions, a shortage of professional prison guards, and a
lack of educational and rehabilitative programs for inmates.


Bad Press for Prisons in 2005
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3. (SBU) Throughout 2005 Panama's prison system received
negative newspaper coverage. In April 2005, police used tear
gas to quell a riot at La Joya Maximum Security Prison. The
water system at La Joya and the adjoining La Joyita prison
suffered repeated breakdowns and provided water for only two
hours per day. Several prisoners at La Joya became ill with
tuberculosis. All these events were openly reported by the
media. The complaints of a prisoner rights organization
(Fundacion de Apoyo al Detendido) about prison conditions
also received extensive coverage. During the preparation of
the 2005 Human Rights report (HRR),EmbOffs interviewed the
Director of Prisons, the Police Internal Affairs, and the
Ombudsman all of whom spoke openly about the problems in the
prison system citing low budgets and lack of training for
guards as contributing to the problems. Although the
European Union provides one million Euros a year for prison
improvements, the jail system is close to collapse.



Prison Guards Lack Training
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4. (SBU) Director of Penitentiaries (DGSP),Doctor Jose
Calderon (protect) told EmbOffs that his organization has
only 440 custodians to provide security at Panama's seven
principal prisons. The DGSP is forced to rely on 1,500
Panamanian National Police (PNP) to provide security in and
around prisons. Many of the PNP are untrained to perform
this job and some simply do not like guarding prisoners.
Calderon told EmbOffs that this contributes to problems and
tensions within the prison system. Calderon, a psychiatrist,
appears to sincerely want to reform the prison system but has
a daunting and perhaps impossible task. His goal is to hire
1000 additional civilian prison guards in the next five years
to reduce the prison's reliance on the PNP and to create a
professional prison guard cadre. Calderon and Ombudsman Juan
Antonio Tejada (protect) also told EmbOffs that gay inmates
are sometimes harassed by guards and prisoners.
Lengthy Pretrial Detention
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5. (SBU) Pretrial detention causes most of the prison
overcrowding. Approximately 63% of the prisoners held in
Panamanian jails are awaiting trial and have not received
their sentences. The time from arrest to trial and
sentencing takes on average two years. Pretrial detention in
excess of the maximum sentence for the alleged crime is not
uncommon. Although it is possible to pay bail and remain
free while awaiting trial, the process is complicated and
excludes certain types of crimes. If they are eligible to
receive bail, many detainees and their families simply do not
have the money to pay for it.

Americans Well Treated
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6. (SBU) The 22 American prisoners in Panama, mostly
arrested for drug trafficking, find the prison conditions
harsh but generally are well treated by prison officials.
The Americans are the second largest group of foreign
prisoners in Panama, exceeded in size only by the Colombians.
Poor food, lack of sanitation, boredom, and Panama's
tropical heat are their main complaints. A treaty with the
U.S. allows some of the Americans to complete their sentences
in U.S. prisons. Last year two Americans awaiting trial with
health problems were granted release but must remain in
Panama until their cases are finalized. Three Americans are
currently in Panama's most comfortable prison, Renacer.
Renacer, situated in the jungle alongside the Panama Canal,
allows most prisoners to spend the entire day outside. Most
prisoners, however, will remain in one of Panama's harsher
jails that offer few opportunities for work or education but
do offer frequent visits by family members and for some lucky
prisoners even a short visit home at Christmas.

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Comment
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The majority of the prison problems in Panama result from
overcrowding and underfunding. Pretrial detention accounts
for 63% of the prisoner population and a ramshackle judicial
system fuels the overcrowding. Underfunding places prisoners
in crumbling jail structures that are unhealthy for both the
guards' and the inmates' physical and mental health.
Finally, tight budgets provide little training for prison
guards who have a job that is physically and psychologically
demanding. Anyone who has ever visited a Panamanian prison
can only hope that Attorney General Gomez and Prison Director
Calderon can begin the process of reforming the prison
system. End comment.

EATON