Is there violent crime in Panama?

Jen and I went to dinner with our good friends, Mike and Diane, to celebrate one last meal with them at one of our favorite places in the community. They were returning to the States after concluding the sale of their condo. They decided to downsize to only one home and simplify their life.

After settling into our seats, we enjoyed our meals and relaxed in great conversation about some of the adventures and things we have experienced as friends here. True friends are friends for life, and we’ll continue to embrace their friendship across the miles, looking forward to their visits back to Panama or our visits to see them in the U.S.

Our celebration was an experience none of us will soon forget. As the evening evaporated in delightful food and conversation, we were lost in our time together. As near as I can recall, it was nearly nine thirty when Diane gasped, looking toward the entrance to the restaurant. “This can’t be good,” she said. I glanced over my shoulder to see two armed thugs enter dressed entirely in black, covered from head to foot. Only their eyes were visible through their disguises. The two began screaming and yelling in Spanish, creating a ruckus in the restaurant. I have to interject here that I cannot accurately recount how much time passed or what exactly was transpiring as my back was to most of it.

They took cell phones and things easily accessible and visible off tables while the guests sat in horror. At one table in my field of vision, a patron fought with one who was trying to take his wife’s purse. The guy was forced to the ground after being assaulted by the gunman. The owner was robbed. The entire event was scarcely moments before the owner began shouting back in Spanish, getting in the face of one of the perpetrators. At our table, my phone was all that was taken. I witnessed several other patrons hiding their wallets and purses.

As the two ran from the restaurant, another patron produced a weapon and chased them. He hollered at them in Spanish before firing shots as they climbed the fence across the street. The restaurant is an open garden with a clear street view through the plants and greenery. I saw the patron firing at them, but I cannot say with certainty if he fired all four shots or if some were return fire. Based on my perception of the sound of the shots, all four were fired from the same weapon.

I suspect someone had dialed the police relatively soon in the ordeal because they arrived quickly. They began tracking the perpetrators, climbing the fence, and finding blood before recovering the items taken. One police officer was injured climbing the fence where the perps disappeared. The responding officers worked to recover the stolen property while others took statements from patrons. They disarmed the shooter and treated him respectfully as he helped translate between the English-speaking patrons and the Spanish-speaking law enforcement.

The following day, we went to the Department of Judicial Investigation (DJI) to claim my stolen cell phone. It was then that I realized how much of the harrowing event I could not recall. I credit God with our veil of protection, which kept us safe. It may have been that veil of protection that affected my recount or something else, but adrenalin surged through my body while I paid the bill and gave my statement to the police officers at the scene. I blamed that adrenaline rush on my fatigue as the week progressed.

DJI was friendly and welcoming. They provided an interpreter for me as I was asked to give my statement in my native language (a right of all victims in Panama). I signed a document warning of providing false testimony, another informing me of my rights as a victim, and a form releasing and returning my property, which had been taken. I was asked to provide a fingerprint at each place I signed. They informed me of the apprehension of one of the perps and that the other was known and being pursued. This information gave me more comfort than the return of my cell phone.

DJI is the bridge between the initial police response and the investigation for prosecution of a crime. They are an arm of the Fiscalia (Attorney General’s Office). If DJI responds to the scene of a crime, they will conduct an initial investigation. However, they cannot conduct a full or follow-up investigation unless you go to the local Denuncia Center and file an official report. Filing a Denuncia is the ONLY way to open a case and get a tracking number. Once you have filed a Denuncia and obtained a Denuncia number, you can use that number to follow up on the status of your case.

The police response in Panama is different than in the United States.  The police will respond to provide immediate assistance and protection to victims, will arrest suspects if they are still on the scene or nearby (assuming they have probable cause that the suspect indeed committed a crime), and, if necessary, call for DJI investigators (see more about DJI above).  The Police will NOT take a report or conduct a follow-up investigation.  They may take some data for statistical purposes but are not empowered to file reports or conduct investigations.  If your call to the police is not timely (i.e., when the crime is discovered), there is little the police can do.  If you delay reporting the crime, or if it is minor, you should go straight to DJI.

Investigating a case takes 2 to 4 months, and prosecution can take years.

In addition to reporting crime to Panamanian authorities, U.S. citizens are encouraged to provide information on criminal incidents to the U.S. Embassy. This information will assist the embassy in tracking crimes against U.S. citizens in Panama and following up with authorities.

When reporting a crime to the American Citizen Services unit of the Consular Section, please provide the following information by email to panama-acs@state.gov or by visiting their website and clicking on the crime report link, which you should find on the website. The following information will requested:

·         U.S. Passport Number of victim

·         DJI Report Number and Date Filed

·         Type of Crime Committed

·         In-depth narrative of the crime you were the victim of, including the following information:

a.       Crime location (province, city/area, neighborhood, etc.)

b.      Number of US Citizens affected.

c.       Date and approximate time of day the crime took place.

d.      The monetary amount of valuables/objects taken/destroyed (if applicable)

e.       Action taken after the crime was committed (police report, etc.)

I wanted to share the victim rights offered in Panama. I spent a great deal of time looking for a good translation of the rights provided by the law here. Jen located this website, and I’m sharing a document from it.

The rights of crime victims in Panama

Victims’ rights are special guarantees granted to those who have suffered harm due to crime and serious human rights violations.

Human rights are rights inherent to all human beings, without distinction of nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other condition; we all have the same human rights without discrimination.

According to Panamanian criminal legislation, victims have the following rights:

• The right to receive medical, psychiatric or psychological, spiritual, material, and social care when required in the cases provided by law.
• The right to intervene as a complainant to demand the defendant’s criminal responsibility and to obtain civil compensation for the damages resulting from the crime.
• The right to receive protection when the judge and the competent court must decide or fix the amount of a release bond or grant a personal precautionary measure instead of preventive detention in favor of the defendant.
• The right to be informed about the course of the respective criminal proceedings and to receive explanations related to the development of the process.
• The right to be heard by the judge when they are present at the request for dismissal of charges presented by the Public Ministry or prosecutor’s office.
• The right to promptly receive the assets of their property or of their lawful possession seized as evidence during the criminal proceeding when they are not necessary for the process.
• The right to receive free legal assistance from the state through a Panamanian lawyer to obtain reparation for the damage resulting from the crime and to cooperate with the prosecutor’s office to exercise the criminal action.
• Any other right that the laws indicate.

On the other hand, defendants have the following rights:

• The right to presumption of innocence
• The right to know the reasons for their detention.
• The right to communicate with a family member and their defense lawyer in Panama.
• The right not to be subjected to arbitrary detention or investigative techniques that violate their dignity or alter their free will.
• The right to an attorney
• The right to a certified translator or interpreter if they do not understand the Spanish language.
• The right not to testify against themselves.
• The right to appeal.
• The right to be brought before a court or judge promptly.
• The right not to be discriminated against
• The right to be treated well and to be fed.
• The right to health in Panama
• The right to receive periodic information about their legal situation from their private attorney, public defender, or the Panamanian Penitentiary System.

If you need to speak with a criminal defense attorney or a legal translator in the Republic of Panama, please message them at the link above.

It amazes us how many friends and relatives from near and far offered a shoulder or kind ear to listen. A special thanks go to Mitzy Casey, who held our hands, guiding us through the process at DJI, and my translator Emerson, who talked me through the forms. Thank you to the kind police officers and the Assistant Prosecutor. Thank you also goes to the other victims who remained calm in the dire situation, and Jasmine, a voice on the phone with Jen, who ensured us that her husband, Issac (a local police Lieutenant), was in the loop. Issac is an advocate for ex-pats in our community.

We recently returned to Cafe Med with friends. The decision to return to the restaurant so soon after the tragic event was healing for Jen and me, while the others agreed to support us and refuse to allow terror to victimize our ability to enjoy the home we love.  Crime like the one we experienced could have occurred anywhere.

Our return was six days following the robbery, and we found the proprietor, Franco, attempting a return to flawless service and excellent food. The place was packed to capacity by ex-pats and Panamanians in an outpouring of support and our same refusal to be terrorized.

I found this helpful information for tourists in Panama. Safety and crime information. I have copied and pasted it here to give visitors and residents a perspective on what they may expect as they travel around Panama.

Visitors and residents in Panama can expect crime to be similar to any other location worldwide. My best advice is to be aware of your surroundings and protect your belongings. I have always professed to be cautious when entering a taxi, engaging in a transaction, or entering an area of higher criminal activity.

Recently, we took a tour of the El Chorrillo barrio community, where gang activity dates back to the Noriega regime. Our tour was led by a capable guide, Victor Peretz, who helped us understand the neighborhood’s people and activities. Without his guidance, we would never attempt to enter this area. While there, we witnessed the police presence, children playing in the streets, a park with people playing dominoes, and a community center that was a safe haven for children to gather. We also had the opportunity to visit a neighborhood bar and a kitchen where local food is prepared, and cooking classes are hosted. Victor pointed out the gang houses and the graffiti art. This is the neighborhood where Roberto Duran and many famous jazz and blues entertainers were born and raised. The community is the home of seven current soccer players from the Panama Soccer team.

This neighborhood borders the famous Casco Viejo area where the Presidential Palace is located. The Casco Viejo gentrification is pushing the borders, and we found it heartbreaking that many people in this depressed community were being driven from the homes where their families have lived for generations.

The story’s moral is that we would never have experienced this area without the guidance of Victor. No visitor should go to this neighborhood alone, expecting to be safe. Likewise, no visitor should attempt to visit Colon without a capable guide. Review the list of areas in the article above before setting out on adventures.

Jen and I, with numerous adventure buddies, have been to many of these areas. I have detailed these adventures in previous blog posts, my newsletter, my Facebook feed, and my book, 2 Retire In Panama. That doesn’t mean we advocate putting ourselves in danger. Use due diligence and protect your belongings. Keep your wallet and cell phone in your front pocket, and don’t wear expensive jewelry. Most of Panama is safe. Enjoy the beauty of this country, and feel free to explore.