Bill 31.

Summary.

The bill recognizes Indigenous peoples’ community justice as exercised through local and community congresses that determine rights. It provides for organic laws to develop the scope of these cultural practices and establish the relevant jurisdictions and powers with the participation of Indigenous authorities. Judicial and administrative authorities would give community bodies’ decisions the effect of res judicata, provided they do not concern a serious crime. Where a decision arises from an agreement between the parties, the offense must also be eligible for that alternative method.

Regarding access to justice, the bill recognizes every Indigenous person’s right to a court presided over by an Indigenous judge, a public defender or counsel for the complainant, interpreters between the person’s language and Spanish, and an Indigenous cultural expert. It requires judges, justice administrators and mediators to explain clearly the right to an interpreter and the possibility of waiving it; waiver must be express. The justice administration, administrative bodies and administrative offices would also have to provide or maintain Indigenous defenders, interpreters and cultural experts for Indigenous persons under investigation, defendants, victims or participants in another capacity.

The Supreme Court of Justice (Corte Suprema de Justicia) would have to notify Indigenous traditional authorities, before selection begins, of vacancies for defenders and justice personnel that require knowledge of the local Indigenous language, together with the other statutory requirements. This provision addresses access by lawyers, interpreters and experts to selection procedures. The Office of the Attorney General, the Institute of Legal Medicine and Forensic Sciences of Panama, the unit for the protection of victims, witnesses, experts and other participants in proceedings, and the National Secretariat for Children, Adolescents and Families (SENIAF) would have to include Indigenous professionals on their staffs.

When determining precautionary measures, alternatives to criminal penalties, protective measures or other measures, judicial and administrative authorities would take account of the traditional authorities where the person resides in order to oversee those measures. The bill adds to Article 93 of Law 63 of 2008 a right for an Indigenous defendant to a defender who speaks the defendant’s language or, if that is not possible, an interpreter from the time of detention. It also adds Article 220A: for a plea agreement, the guarantees judge would require an interpreter of the relevant Indigenous language so the defendant fully understands the agreement, unless the defendant expressly waives that right. The proposed law would take effect the day after its promulgation.

The provisions concern the Supreme Court of Justice, the Office of the Attorney General, the Institute of Legal Medicine and Forensic Sciences of Panama, SENIAF, traditional authorities, and judicial and administrative services. They could affect Indigenous peoples, defense lawyers, interpreters, cultural experts, and persons involved in criminal or administrative proceedings.