During the course of an investigation, the accused and all witnesses are questioned, the latter under oath. The Constitution guarantees that no accused person may be forced to incriminate himself or herself, and the authorities are forbidden to force testimony from any close relative, whether related by blood or marriage, that is, "within the fourth degree of consanguinity or the second degree of affinity." Investigators may enter a person's home only with consent or a written order (search warrant) from a competent authority or to assist victims of crime or natural disaster. In general, all testimony must be presented in written form and be signed by investigators, accused, and witnesses. If a case warrants prosecution, it is referred to the appropriate court. Although bail is permissible in some cases, it is a privilege subject to many restrictions and may be denied at the request of the prosecutor if a judge concurrs.[1]
As of the 1980s, there was considerable evidence that many of these constitutional provisions were not realized in the daily lives of Panamanian citizens in the late 1980s. The most striking example was the case of Dr. Hugo Spadafora. Spadafora was a former senior government official, who had criticized the role of the Defense Forces in politics and the alleged role of Noriega in drug trafficking. Spadafora's headless body was found in Costa Rica near the border of Panama in September 1985 after reports that he had been taken into custody by members of the Defense Forces. There also were allegations that Dr. Mauro Zúñiga, head of an opposition group called the National Civilian Coordinating Committee (Coordinador Civilista Nacional--COCINA), was abducted and beaten.[1]
Although the Constitution provides for habeas corpus and the prompt and uninterrupted administration of justice, several incidents suggested that these principles were sometimes violated. It should also be noted that various articles of the Constitution guaranteeing basic rights were suspended during the temporary state of emergency declared in 1987. Moreover, the government responded with excessive brutality to popular marches and demonstrations in Panama in mid-1987. According to a December 1987 United States Senate staff report on Panama, over 1,500 persons were arrested between June and September 1987. Credible evidence suggests that many of them were subjected to cruel and inhuman treatment while in jail.[1]