NCJ Number
61724
Date Published
1978
Length
13 pages
Annotation
ARGUMENTS AGAINST THE DEATH PENALTY ARE SUPPORTED IN THIS EXAMINATION OF THE PANAMA TREATIES' REFERENCES TO U.S. AND PANAMANIAN RIGHTS WITH REGARD TO THE DEATH PENALTY.
Abstract
THE DEATH PENALTY WAS ABOLISHED IN PANAMA IN 1918 AND HAS NEVER BEEN REINSTATED. HOWEVER, THE PANAMA TREATIES OF 1977 BETWEEN THE U.S. AND PANAMA CONTAIN AN ARTICLE ACCORDING TO WHICH THE REPUBLIC OF PANAMA CANNOT IMPOSE THE DEATH PENALTY ON UNITED STATES CITIZENS EMPLOYED BY THE PANAMA CANAL AND THEIR DEPENDENTS, ON MILITARY U.S. PERSONNEL AND THEIR DEPENDENTS, OR ON CIVILIAN EMPLOYEES OF THE U.S. ARMED FORCES AND THEIR DEPENDENTS. ON THE OTHER HAND, THE TREATIES DO NOT LIMIT THE JURISDICTION OF THE U.S. AUTHORITIES, EXCEPT TO STATE THAT THEY MAY NOT CARRY OUT DEATH SENTENCES ON PANAMANIAN TERRITORY., WHICH MAY OR MAY NOT IMPLY THAT U.S. AUTHORITIES HAVE THE RIGHT TO EXECUTE PANAMANIAN SUBJECTS OUTSIDE PANAMA FOR CRIMES COMMITTED IN PANAMA. SUCH AN IMPLICATION IN THE TREATIES WOULD FAIL TO RECOGNIZE PANAMA'S CONSTITUTIONAL PRINCIPLE WHICH DOES NOT ALLOW CAPITAL PUNISHMENT. IF PANAMA WOULD EVER DECIDE TO REINSTATE THE DEATH PENALTY, U.S. CITIZEN EXEMPTION FROM IT WOULD BE QUESTIONABLE IF THEY HAVE COMMITTED CRIMES WITHIN THE TERRITORY OF PANAMA. THIS AMBIGUITY INHERENT IN THE PROVISIONS OF THE PANAMA CANAL TREATIES MUST BE CLARIFIED. THE ARGUMENT AGAINST THE DEATH PENALTY IS REINFORCED WITH 14 ARGUMENTS, ALTHOUGH 10 ARGUMENTS THAT FAVOR IT ARE MENTIONED. THOSE SPANISH-AMERICAN COUNTRIES THAT HAVE ABOLISHED THE DEATH PENALTY ARE LISTED (THEY TOTAL 9 INCLUDING SPAIN), AS WELL AS THOSE THAT RETAIN CAPITAL PUNISHMENT (TOTALING 15, INCLUDING MEXICO, OF WHICH ONLY A FEW STATES HAVE RETAINED IT). FOOTNOTES ARE APPENDED. --IN SPANISH. (LGR)