Panamanian Law: To be able to communicate in one’s own language through correspondence.....
Updated: Oct 17, 2019
in writing or by telephone whilst incarcerated. Well Mr Tuffney did just that, and he wrote to the penitentiary director “Ronaldo Lopez” and he is still awaiting for a response to his many letters requesting a physiological examination. The director would only accept letters in Spanish, sadly for Pablo Olivera he was not in a mind-set to write any letters, his only way out was to swallow razor blades, and to cut his groin to relieve the harsh conditions of La Joya
Read: Nick Tuffney sent a letter to the Director of La Joya - Ronaldo Lopez here
To clarify it was actually me sending writing these letters a copy of my driver’s licence with the licence reference number appears on each letter. Licence: T150-620-63-283-0
Rules and obligations that failed Pablo Olivera
Prisoners should be handed a pamphlet on prison rules and obligations, pictured below outlines the penitentiary's obligations that should to each prisoner upon arrival at La Joya. This pamphlet shown was acquired from an inmate who received his pamphlet 4 years ago. Since then and throughout my stay no inmates had received any information about their human rights nor rights and obligations within the prison. Inmates had no idea that the penitentiary system even had legal obligations when it came to (Treatment of prisoners). Most inmates came from very low IQ backgrounds or impoverished country’s and had no idea that Panama even had a prison rule book. Inmates took it upon themselves to publicly display some of the rules in writing by posting them on the gymnasium wall for all to see, as shown below.
Panama Human rights has proved Panama has violated all of its 1-31 legal obligations listed in the pamphlet, but still Panama still sits on the inner circle of the UN as a proud campaigner for human rights, just recently Panama was given the prestige appointment by opening a human rights head office office in Panama city that will serve all the Latin countries, by showing how Panama is a beacon for all other latin states to follow. If everybody was handed this pamphlet informing them of their rights, including Panamanians, the “Rappateur on torture and ill treatment” would be inundated with complaints, and Panamas standing in the world would from an (A+) to a (F-) failure.
Read: The La Joya prison rule book here
Basic principle and Obligations of the Panamanian Government under local, and International Law. ( English Translation)
Rights and Obligations of the Penitentiary Population, Produced and distributed to all prison inmates by, The Ministry of Government, Republic of Panama (MINGOB). Rights: All persons deprived of liberty are entitled to the following rights;
1. To receive a balanced diet whose nutritional value is sufficient to maintain their health, which is to be of good quality, properly prepared, served and supervised by a qualified person in this field.
2. To receive a specialized diet, to be supplied by the inmate’s family to the respective centre, if the inmate is suffering from chronic illness or surgical intervention, as medically indicated.
3. To have potable water at his disposal.
4. To be examined by a Physician upon entering the penitentiary centre, in order to determine his mental and physical state. In the case that mistreatment or damages are noted, these will be certified and brought to the attention of the Director of the Centre or a competent authority
5. Medical attention will be provided by the Institution in accordance with the complexity of the case, which will be coordinated with the Social Security entity and the Ministry of Health In addition, persons deprived of liberty have the option of Private Medical Attention when they are able to cover the costs incurred. When the Ministry of Health or the Social Security entity incurs these costs, provision will be made for compensation to the corresponding entity.
6. ( pregnancies within the female population)
7. ( pregnancy and birth)
8. To be separated from the general population, and remitted to the Penitentiary Clinic or Public Hospital when the inmate presents an infectious disease or mental illness requiring segregation and to be reintegrated in the Penitentiary centre once the illness is no longer present.
9. To communicate their detention at the moment of entrance to their family, legal representative and in the case of Foreigners, to their respective representatives of their country. When a transfer to another institution is to be effected, the Director is obligated to communicate the situation with the detained person and inform the family and respective authorities as required.
10. To maintain direct communication with the administration and technical group to express their personal needs, with respect to given to protocol.
11. To be able to communicate in one’s own language by correspondence or telephone, also to receive visits of family members, friends and a credited representatives of national and international agencies in accord and as indicated by the Administration. In the case of minors, they will be admitted only if they are offspring or family previously approved by the Administration.
12. To speak freely and privately with any competent authority realising a visit in the exercise of their function and to inspect the facility.
13. To periodically receive information of their judicial situation on the part of their legal representatives, the General Administration of the Penitentiary System or the Administration of the Penitentiary.
14. To receive professional attention, respecting ones rights and realised under the principles of ethics, to know the truth as it evolves during the time of incarceration.
15. To be classified according to one’s condition , as much as is possible, within the respective penitentiary.
16. To receive integrated attention to one’s health, including therapy, physiotherapy, and .pharmacy as are required, with respect to one’s physical integrity and not to be an object of experimental treatment, without the express consent of the inmate.
17. To be individually informed by the Technical Council of the Penitentiary of the decisions accorded in relation to one’s case.
18. To be visited by ones defenders
19. To be informed of important events of social life, national and international by media of general distribution, publications or special emissions, permitted, supervised or edited by the Administration of the Penitentiary.
20. To profess ones religious beliefs and satisfy ones spiritual formation, morality and voluntary practice, always without compromising the security of the centre.
21. To receive education at all levels of study, including vocational formation.
22. To develop ones aptitudes cultural, artistic and artisanal within the range of opportunities offered by the distinct penitentiaries, in accordance programming granted the institution.
23. To exercise an activity liberally according to one’s mental, physical and spiritual facilities.
24. To perform ones labour with proper security, hygiene and ventilation.
25. Participate in a program of employment and according to activities realized taking into account production for adequate remuneration.
26. To have hours of work not exceeding eight hours during the day, seven hours of mixed shifts and six hours of night work and to enjoy a period of rest each week.
27. To occupy ones extra time available, after completion of regulation work hours, with activities such as recreation, sports instruction and technique which developed integrity of physical and psychological facility.
28. To realize adequate physical exercise outdoors for a minimum of one hour per day. All youth full inmates and others, where age and physical condition permits, to be included in special physical education programs and recreation.
29. To participate in conjugal visits with the intention of strengthening family relations. These visits are to be regulated by the Administration of the centre according to the norms of health and social standards.
30. To have security personal, in such manner as to guard the physical, mental and spiritual integrity of self and visitors and personal effects left in custody. Persons deprived of liberty have the right not to be classified as mentally ill nor to be diagnosed or treated as such for political reasons.
31. To have clean clothing in a good state. Not to be degrading, humiliating and to be adequate for the climatic conditions encountered in the location of the penitentiary. In the case of leaving the established bounds of the penitentiary, the inmate will wear clothing which does not call attention.
Obligations: All persons deprived of liberty are subject to the following obligations;
1. To maintain a respectful relationship and good treatment of the personnel of whom work within the penitentiary centre, the visitors and other inmates.
2. To maintain an example of discipline and behaviour in groups, in order to guarantee an adequate level of communal living at all times, during his incarceration.
3. To be responsible for knowing and respecting the regulations, procedures, hours and general regiment of life within the centre and contribute to this end and its objectives.
4. To respect as inviolable the life, the health and physical integrity of ones companions, of the personnel of the penitentiary and the visitors encountered within the centre.
5. To respect personal effects of ones companions and conduct oneself with care to conserve and maintain the buildings and installations at ones disposal within the centre.
6. To maintain personal cleanliness and pleasant presentation; in addition maintain cleanliness of one’s dormitory and conserve in a good state of repair clothing and the physical installations provided
7. Respect the established hours of professional attention. During sessions of work time, to behave in a respectful manner, facilitating therapeutic labour.
8. Participate in lab oral activities, education, recreation, culture and therapeutic activity and to care for one’s health and other tasks organized by the penitentiary.
9. Participate in the school of the penitentiary and conclude an elementary education if not yet completed.
10. Communicate with the authorities of the penitentiary any irregularities present or future within the population which may affect third parties, oneself, the penitentiary attendants or the installations and equipment of the centre. The confidentiality of information will be guaranteed.
11. Respect the resting of ones companions in the dormitory, not to promote disorder and adopt norms of good example and conduct.
12. Respect the privacy of the same, their correspondence, their relationships and personal objects.
13. To submit to searches required by the penitentiary of which are to be realized neither without cruel treatment nor in a degrading manner? During which the inmate is required to respect personnel involved in this labour and to behave neither courtesy, without neither yelling or offensive words nor obscene gesture.
14. Not to introduce, produce nor carry articles prohibited by the administration of the penitentiary by current regulation in effect.
15. Not to neither manufacture, carry nor introduce articles prohibited by the administration by current regulation in effect
La Joya Penatentary: Rights and Obligations of the Penitentiary Population Produced and distributed to all prison inmates by The Ministry of Government, Republic of Panama