Service with a smile coming to Panamas judicial system?
Users of Panama’s judicial system have the right to courteous service, and to claim damages from the State for errors “or abnormal operation” of the services from employees.
A document outlining the Charter of Rights of Persons with Justice in the Judiciary recognizes that users of the system have the right to considerate, and personalized service and officials working in the judiciary must give effect to this right, and be considerate, fair and tolerant of views aimed at the management or operation of the institution they work for.
Article 30 of the letter, gazetted May 6, makes clear that those affected by errors or abnormal operation of the system may recover damages from the state and that it “will be dealt with, swiftly and in accordance with the provisions of positive law governing the matter" .
According to criminal experts, it means, says La Prensa that the compensation claim will be processed by the Third Chamber of the Supreme Court, Administrative Litigation, "composed of Judges Winston Spadafora, Victor Benavides and Moncada Alejandro Luna.
The 62 articles, adopted by nine judges of the Supreme Court defines the right of users of the system to "make complaints and suggestions on the functioning of the judiciary and the violation of rights set forth in the letter. "
It also includes the right to know the procedure for handling their complaints and to receive the resolution from the case of some form of sanction.
It includes access to updated information on the rules of organization and functioning of the judiciary, and the characteristics and requirements of procedures in the judicial system.
The judiciary assumes the obligation to update the mechanisms for access to general information and the creation of centers for citizen service.It also grants the right to access the updated content of the law and the right to information about court proceedings within the process or legitimate interest in the case.
It also states that everyone has the right to communication of acts performed by order of the judiciary to be delivered in writing and documentation necessary for proper understanding.The documents shall be delivered in understandable terms and include accurate information about the consequences of its realization.
The user has "the right to personal attention of the clerk, judge or magistrate responsible for the office, for incidents in the operation and reasonable explanation or require the intervention of its head."
The charter establishes the right of crime victims to clear and accurate information of the status and content of the process, the feasibility of the exercise of a civil action on the possibilities for redress and the existence of alternative means conflict resolution.
Magaly Castillo, executive secretary of the Citizens Alliance for Justice, said that Panama is one of the last countries in Latin America to adopt the Charter of Rights of Persons with Justice, but its implementation was good news for users of the justice system.
In her view, she told La Prensa to achieve success for the initiative it is necessaey to educate judicial officers to respect the rights of users of the justice system.
She said that 80% of those attending the courts do not have the resources to hire a lawyer, so should go to the offices to learn about the progress of the process.
"Users of the judicial system should be clear that judges are not ‘superior beings’, and is is their right to require prompt attention and clear feedback about the status of their processes, and to be provided with access to officials in charge of their case," she said.
The ordinary citizen has the right to demand clear information on the management of the judicial process and civil servants are obliged to provide details of the processes quickly.