was 8 and 30 am when the vehicle he was going to carry Tinajitas came to fetch me. Except a brief stop to buy lunch at the On the rum, only the product of step sound of tires on the vehicle on uneven pavement, cut the conversation with the driver, or the thread of my thoughts on the way to Tinajitas Center.
This chronicle of an announced visit, had home a week before, or perhaps a few years ago.
On Thursday June 3, a gloss of the newspaper El Siglo made known the fact that a mayor of the capital municipality had sanctioned with 30 days of arrest a homeless man, allegedly using administrative provisions that allow punishment of vagrancy.
This information as mentioned above, we worried a lot [1] .
This is because we drew up demand which in turn is submitted against the articles 13 and 14 of Decree No. 1813 mayoral 2000, which established the behavior of vagrancy and their respective administrative penalties.
These rules were later repealed by another provision mayoral.
as he was aware that situation, the gloss of the day motivated me to act.
himself concur June 3 to file a complaint with the Ombudsman's Office regarding this issue. In her call for the immediate release of the convicted, the intercession of the Ombudsman, to tell the mayor related to the case that the rules of vagrancy were repealed, and therefore avoid punishment of persons under the vague charge, and of course refer to coordination chief magistrates of the capital municipality a note for instance that other authorities inform police of the commune, detailed information to the aforementioned mayor.
The next day I will follow up the complaint by the Ombudsman. The official in charge of the proceedings, politely informs me that he had showed up to the Corregedoria, spoke with the mayor, and that it indicated that it had sanctioned the indigent and charged with loitering and trash to be watering, thirty days in jail; but in view of the destitution of the Lord had released. Immediately
thanked the staff of the Ombudsman, Jouchi Melamed, his kindness, and I was relieved for the moment, as there was a humble citizen arbitrarily deprived of his liberty. But I'm the doubt.
On Tuesday June 10th at 9:15 in the morning I approached the Tinajitas Detention Center, which despite receiving only persons allegedly liable to administrative violations, has a history of fatalities resulting from violence in prison, including men deprived of their liberty for breach of maintenance obligations.
Passing the checkpoint, I turn to the court clerk and confirmed that Mr. Benito Rodriguez Harrier is being held at the center since 28 May, and that its passage would meet on 26 June.
request let me talk to Mr. Harrier. After a delay of almost 45 minutes bring him escorted by a custodian.
I had, I would point as I know your case, I had purchased a breakfast to take you, and you wonder how the events that led up Tinajitas.
tells me that he was arrested by the Municipal Police, while walking down the street on May 5. I was not littering. That led to the Corregedoria in turn. Never saw the mayor. I only speak with his secretary who informed him of his punishment for vagrancy. That led to Tinajitas. Upon arrival at the center will play sleep on the floor. "It is the rule," he said. "Every new touch him sleep on the floor, while climbing up to a bed or a hammock."
This is because section 2 where he placed this crowded. While in detention shared space with approximately 120 people.
During the 11 days he had been arrested, Harrier could not communicate with his family or with your partner. "I had no chance, no money to make phone calls," he said.
Harrier, a male Afro-Panamanians, 53, born in the Chorrillo, now lives in the neighborhood of Curundú. Said to have 5 children and a companion, named Marisela Moreno, which should be concerned about not knowing it, for eleven days.
claims to be "study plumber, a carpenter by inheritance and chapistero by street. "
His smile, despite the lack of front teeth, is direct, fresh, lively. Glasses on your hair wear a glimpse of his sight, perhaps his age.
plumbing studies course in the Arts and Crafts, where he graduated in 1973. From his father he inherited the office of Christ, indicating that the wood work, whether fine or rustic.
While speaking with Mr. Harrier, trying to know, my mind kept asking questions about compliance with legal personality, and the consequent right to personal liberty, not suspended in response to economic criteria, as this would defeat principles equality before the law and nondiscrimination.
But all my legal considerations were outweighed by the simple phrases Harrier, when I said "I want to leave here Licen ...."
In that moment I understood, better than in my reading, or in my college years, the value of the right to freedom of movement.
proven the deprivation of liberty of Harrier, I went to the Ombudsman. Arriving
requested appointment Diego Almanza, Deputy Director of the Office of Citizen Guidance, who serves me despite being out for an errand. I hastily explained the situation and is committed as a good as valuable as freedom. Gives instructions to visit the Corregedoria again. We
She showed up with officials from the Ombudsman. The "surprise" Corregidurias officials was great, when I inform you of my interview with Harrier.
We do go to the office of the mayor, who first complained of is "like I can not punish for vagrancy." Presents an Administrative Code published in 1973. There the rule was in effect. We do not agree with it (in a few reflections on vagrancy laws will see why).
Le sustain the repeal of the rules. Duda. Try to prove who knows right. Question on
the source of the complaint. Attempts to justify the "leakage of information." Must come from an alleged pimp who passed. Manda
to buy a new code. "You do not want to commit unlawful acts." I think in part.
Almost half an hour later said "nothing I can hardly give you freedom." It was a favor. No matter. Keep silent. Deliver the ticket to freedom.
We went rushing to Tinajitas. In
delay the judicial process. "They check if you have a pending case" - say. The system refuses to freedom.
I stand alone with an official. We talked. Quick exit. At the time told me about his vocation respect for the law. Just tell me who does not share the punishment of vagrancy. Two months ago, 125 people were punished on that ground. The Municipality had.
silent, and think of how poverty is all the systematic violation of human rights, and as a condition of access to justice ...
Amid heavy rain, a custodian brings Harrier. We got in the car
of advocacy, we'll take you home.
On the way trying to learn more. It has a nice sense of humor.
all laughed.
At 4 and 40 minutes later we reached the end of the Frangipany. Gets off the vehicle. Her slim figure runs, seems not to be touched by the raindrops.
Stops at the courtyard of buildings. A big smile on her face. Shake your arm raised his hand. Farewell with gratitude. Return to freedom.
The Defender vehicle crosses the vehicular arteries, flooded by the tears of heaven. Perhaps
clouds moved, seeing the strange shining light of justice. At least in regard to arbitrary deprivation of liberty, the work was done ...
[1] Atencio Gomez, Victor. Brief reflections on the law of vagrancy. Published on June 4 in the online journal The Freethinker. In this paper presents a succinct reflection legal, about the laws in Panama have enacted vagrancy. Available in http://www.ellibrepensador.com/2010/06/04/breve-reflexion-sobre-las-leyes-de-vagancia/
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