The Panama Maritime Authority has published the Standard Guide of Facts on Board a Panama Flag Ship, in Cases of Theft, Sexual Assault, Natural Death, Suicide, and Homicide.
This marine notice was published on 1 June 2023.
Theft and Sexual Assault
- In the event of theft and/or sexual assault on board a Panama-flagged ship, the victim should report the incident to the ship's crew, preferably the Ship's Security Officer, to initiate an investigation.
- The Ship Security Officer will report the incident and submit all documentation in the ship's company format to the email casualty@amp.gob.pa. This email belongs to the Maritime Affairs Investigation Department of the General Directorate of Merchant Marine of the Panama Maritime Authority.
- Upon the ship's arrival at the Port of Call, the victim must file a complaint regarding the theft or sexual assault with the competent authorities in the country of destination.
- The victim of the crime must promptly inform the General Consulate of the Republic of Panama in the country of destination, providing copies of the Ship Security Officer's report and any relevant documentation from the authorities in the country of arrival.
- If the Republic of Panama does not have a General Consulate in the country of destination, the victim must file a complaint regarding the theft or sexual assault at a Consulate of a friendly nation.
- The General Consulate of the Republic of Panama in the country of destination will cooperate with the local authorities of that nation and request their collaboration throughout the investigation.
- The General Consulate of Panama in the country of destination will send all the documentation via email to the Ministry of Foreign Affairs of the Republic of Panama and to the email casualty@amp.gob.pa, which belongs to the Maritime Affairs Investigation Department of the General Directorate of Merchant Marine of the Panama Maritime Authority.
- The Maritime Affairs Investigation Department of the General Directorate of Merchant Marine will carefully examine the documentation received from the General Consulate of Panama in the country of destination and, if satisfied, forward it to the Resolutions and Inquiries Department along with a detailed report.
- The Resolutions and Inquiries Department of the General Directorate of Merchant Marine will review the documentation received from the Maritime Affairs Investigation Department and, if it meets the requirements, send it to the Legal Advice Office of the Panama Maritime Authority. This step aims to inform the Superior Prosecutor's Office for International Affairs of the Public Ministry about the punitive act.
- The Superior Prosecutor's Office for International Affairs of the Public Ministry will conduct an investigation based on the evidence provided. If there is sufficient probable evidence to initiate a criminal process against the alleged perpetrator, they will coordinate with the local authorities in the country of destination to determine the status of the alleged perpetrator.
- If the Superior Prosecutor's Office for International Affairs of the Public Ministry possesses sufficient probable evidence against the alleged perpetrator, they will request the extradition of the alleged perpetrator from the Republic of Panama by obtaining an order from a Judge of Guarantee of the Accusatory Penal System. This order is necessary for the alleged perpetrator to appear in criminal proceedings in Panama.
- The Superior Prosecutor's Office for International Affairs of the Public Ministry will work with the Ministry of Foreign Affairs of the Republic of Panama to notify the alleged perpetrator, through the Embassy of their nationality, about the criminal proceedings initiated against them. This notification ensures that the alleged perpetrator can exercise their rights.
- Once the Superior Prosecutor's Office for International Affairs of the Public Ministry becomes aware of the punitive act and commences investigations, the alleged victim can follow up on the case by contacting ainternacionales@procuraduria.gob.pa via email.
Natural Death
- The captain of the ship will send the post-mortem certificate of the passenger and/or crew member, along with the corresponding report from the authorities of the port of destination, to the email address casualty@amp.gob.pa. This email is designated for the Maritime Affairs Investigation Department of the General Directorate of Merchant Marine of the Panama Maritime Authority.
- The Maritime Affairs Investigation Department of the Panama Maritime Authority's General Directorate of Merchant Marine will review and analyze all the documents provided by the ship's captain. If they meet the requirements mentioned earlier, a detailed report will be forwarded to the Resolutions and Inquiries Department.
- The Resolutions and Inquiries Department of the General Directorate of Merchant Marine will examine the received documentation from the Maritime Affairs Investigation Department. If it is deemed satisfactory, it will be included in the ship's file. Upon request, the interested party can obtain the relevant certification from the flag state.
Homicide / Suicide
- In the event of a homicide or suicide, the Captain and/or the Ship Security Officer will report the incident and submit all relevant documentation in the ship's company format. The documentation should be sent to the email address casualty@amp.gob.pa, which corresponds to the Maritime Affairs Investigation Department of the General Directorate of Merchant Marine of the Panama Maritime Authority.
- Upon the ship's arrival at the port of destination, the Captain and/or Ship Security Officer will notify the authorities of the country of destination about the incident. If it is a homicide case, they will also hand over the alleged perpetrator to the competent authorities.
- The Captain and/or the Ship Security Officer will inform the General Consulate of Panama in the country of destination about the incident. The General Consulate will then coordinate with the competent authorities of the country of destination to determine the necessary procedures regarding the situation that occurred on board a Panama-flagged ship.
- After the General Consulate of Panama has coordinated with the competent authorities of the country of destination, they will send all the documentation obtained during the coordination process to casualty@amp.gob.pa. This email address belongs to the Maritime Affairs Investigation Department of the General Directorate of Merchant Marine of the Panama Maritime Authority.
- The Maritime Affairs Investigation Department will review and examine all the documentation provided by the Captain and/or Ship Security Officer, as well as the General Consulate of Panama in the country of destination. If the documentation is satisfactory, a detailed report will be forwarded to the Resolutions and Inquiries Department.
- The Resolutions and Inquiries Department of the General Directorate of Merchant Marine will review the documentation received from the Maritime Affairs Investigation Department. If the documentation is satisfactory, it will be forwarded to the Legal Advice Office of the Panama Maritime Authority. The purpose of this step is to inform the Superior Prosecutor Office for International Affairs of the Public Ministry about the incident.
- If the incident is a homicide, follow Steps 10, 11, 12, and 13.
For more information, please see the document below (available only to subscribers):
Standard Guide of Facts on Board a Panama Flag Ship, in Cases of Theft, Sexual Assault, Natural Death, Suicide, and Homicide.
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