The Third Circuit has determined a government's general efforts to combat organized criminal groups do not preclude the possibility that it would acquiescence to the torture of a specific individual. Dutton-Myrie submitted circumstantial evidence via live testimony and sworn letters attesting that the Panamanian government had not taken steps to protect him or his family in the past and would likely continue to breach the duty to intervene in the future. In particular, he submitted a letter from the Panamanian Public Safety Department attesting to continued threats to his family members and that his mother lodged grievances about these threats with public officials. He also submitted an affidavit from his former girlfriend in which she stated that she reported a 2005 incident where Dutton-Myrie was stabbed by gang members to the police. Dutton-Myrie also testified about the futility of reporting to the police. The Third Circuit remanded the case, directing the Board of Immigration Appeals to assess whether this evidence demonstrated that the Panamanian government would be willfully blind regarding any future torture inflicted on Dutton-Myrie.
The full text of Dutton-Myrie v. Attorney General can be found here: