1. The claim made
by attorney WINSTON SPADAFORA FRANCO in his communication of May 7, 1986
to the Inter-American Commission on Human Rights, and the other
documents attached thereto, whereby the State of Panama is formally held
responsible for the violation of the right to life, personal integrity
and denial of justice, regarding the torture and murder of his beheaded
brother, a physician and former Vice-Minister of Health of Panama, Dr.
HUGO SPADAFORA FRANCO, occurred on September 13, 1985, in the province
of Chiriqui, Republic of Panama, and of which events he accuses the
following members of the Forces for Defense of the Republic of Panama:
OMAR ENRIQUE VEGA MIRANDA, ELIECER RAMOS and FRANCISCO ELIECER GONZALEZ
BONILLA of being the responsible agents therefor.
2. That by Note
dated May 16, 1986 the Inter-American Commission on Human Rights
transmitted the pertinent parts of said claim to the Government of
Panama for it to furnish pertinent information, in a period of 90 days
for consideration by the Commission.
3. That through
Note OAS-570-86, dated August 6, 1986, of the Permanent Representative
of Panama to the Organization of American States, the Government of
Panama responded to the request for information by the Commission
through Notes DM Nº 576 dated July 21, 1986 of Dr. Jorge Abadía Arias,
Minister of Foreign Affairs of the Republic of Panama, and No DGP-515-86
dated July 8, 1986 signed by the Attorney General, in which, among other
things, it is informed of the definite dismissal of the summary
proceedings in favour of the accused VEGA MIRANDA, RAMOS Y GONZALEZ
BONILLA, being this dismissal final and the domestic remedies exhausted.
1. That the
Government of Panama, in its related document of response, finds that in
this case all the legal procedures established by the laws of the
Republic of Panama have been exhausted, that the constitutional and
legal procedures applicable to the matter have been fulfilled and that
each and every one of the procedural guarantees established by its code
of laws was respected; and
2. That the other
requirements for admissibility have been satisfied as set forth in
Articles 46 paragraphs a) to d) of the American Convention on Human
Rights and 32 and 37-1 of its Regulations.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
1. To declare
admissible the claim presented by the petitioner, Dr. Winston Spadafora
Franco, in this case Nº 9726.
2. To transmit
this Resolution to the parties.