Draft bill 7.

Summary.

The draft bill establishes a framework for using nonlethal chemical agents and crowd control munitions during public order operations, with the stated aims of protecting life, physical integrity, health, and human rights. Its provisions would apply throughout the country to members of state security forces who use those means in the course of their duties. It defines chemical agents, crowd control munitions, state security forces, public order control, and principles governing the use of force. The covered means include tear gas, pepper spray, impact projectiles, stun grenades, and water cannons. It identifies the National Police (Policía Nacional), National Border Service (Servicio Nacional de Fronteras), National Aeronaval Service (Servicio Nacional Aeronaval, SENAN), and Institutional Protection Service (Servicio de Protección Institucional), and ties public order measures to the Political Constitution of the Republic of Panama (Constitución Política de la República de Panamá).

Use of these means would be governed by legality, necessity, proportionality, transparency, accountability, and respect for human dignity. Three conditions would have to be met together: a real, present, and imminent risk to the physical integrity of persons or property; exhaustion or evident ineffectiveness of less intrusive means, including dialogue, a clear warning, and peaceful dispersal; and authorization by an identified, duly empowered superior. That authorization could be omitted in an extreme emergency involving imminent danger to life or physical integrity, provided the decision is documented and justified immediately.

The Ministry of Public Security (Ministerio de Seguridad Pública) would have no more than six (6) months from promulgation to prepare, issue, update, and publish official protocols and procedural guides. They would cover deployment, public demonstrations, prohibitions in enclosed or poorly ventilated spaces and sensitive areas, protection of vulnerable persons, and immediate medical care. The draft bill prohibits use in healthcare facilities and places of worship. In schools, childcare facilities, or the direct and evident presence of minors, it provides a limited exception for imminent danger to their life or physical integrity. For private homes and densely populated residential areas, exceptions would require a court order and safe prior evacuation, or an imminent threat inside the property when no other means is available. In juvenile custody and rehabilitation centers, use would require direct supervision by the Institute of Interdisciplinary Studies (Instituto de Estudios Interdisciplinario) and medical personnel and would be a last resort against a serious internal security threat. Use against visibly vulnerable persons would also be restricted, except where they pose a real and imminent threat to others.

The Ministry of Public Security would publish annually, on its website and in the Official Gazette, information on chemical components, percentages and technical specifications, toxicological reports, suppliers, manufacturing details, inventory, and budget. Each use of nonlethal chemical agents would be recorded using available audiovisual means and documented in a detailed report within twenty-four (24) hours. The report would be sent within forty-eight (48) hours to the Ombudsman's Office (Defensoría del Pueblo) and the Public Prosecutor's Office (Ministerio Público) for review and action within their respective powers.

Improper, disproportionate, unjustified, or otherwise noncompliant use would give rise to administrative, civil, and criminal liability under the Criminal Code (Código Penal), the Administrative Code (Código Administrativo), and special laws of the Republic of Panama (República de Panamá), alongside any applicable internal disciplinary sanctions and with due process. The Ministry of Public Security would require training in human rights, use of force, mediation, chemical agents, first aid, and mitigation measures. The Executive Branch (Órgano Ejecutivo) would issue implementing regulations by executive decree within six (6) months of promulgation, and the proposed law would take effect upon publication in the Official Gazette. Its subject matter concerns security forces, oversight and justice institutions, healthcare services, schools, and people taking part in public demonstrations.