out agricultural tasks in the Coiba Penal Colony for two (2) years and forced to leave the
country after this period has finished; they may be released if they submit travel tickets
for leaving the country in a manner satisfactory to the Ministry of the Interior and
Justice.
21. The State points out that despite the above warning, Mr. Vélez Loor was arrested by the
National Police on January 3, 2002 near the town of Tupiza, Darién Province, close to the
border with Colombia. The reason for his arrest was the fact that he “did not have any
document which justified or authorized his physical presence on national territory”. Mr. Vélez
was handed over to the Migration authorities and subsequently deported pursuant to
Resolution No. 0185 of January 9, 2002, leaving the country for Quito, Ecuador.
22. The State points out that on September 11, 2002, the Police of Darién arrested Mr. Vélez
Loor for a third time, after he circumvented immigration controls by entering once again
through Tupiza, Nueva Esperanza, Darién Province, near the border with Colombia. The State
wishes to note that, upon his arrest, Mr. Vélez Loor was carrying no documentation authorizing
his presence in Panama, nor was he carrying any document to accredit his identity and
nationality, nor was he in possession of valuables of any kind. On November 12, 2002, Mr.
Vélez was placed at the disposal of the Directorate of Migration and Naturalization, 2 and
registered on the same day. The State alludes to the fact that in this register, the detainee
declared inter alia that his objective had been “to reach Mexico because his grandfather lives
there and he had, a few days previously, been arrested by the FARC [Revolutionary Armed
Forces of Colombia] and was afraid that this might happen again”. The State points out that
the prisoner's background information file (diligencia de filiación) made no reference to any
personal possessions of value to be recorded.
23. The State notes that on November 12, 2002, Mr. Vélez Loor was transferred to the La
Palma Public Prison in Darién. Once there, he was kept, for one month, in a cellblock for wellbehaved and elderly prisoners.
24. On December 6, 2002, the Directorate of Migration and Naturalization issued Resolution No
7306, in which it applied the aforementioned Article 67 of Decree Law 16 of 1960 to Mr. Vélez
Loor. It sentenced him to two years' imprisonment, given that Mr. Vélez had been deported on
two previous occasions and that he had previously been forbidden to re-enter the country. An
order was then issued for him to be transferred to the La Joyita Penitentiary. On December 11,
2002, the Penitentiary System Directorate recorded the fact that Mr. Vélez had entered the
system and he was duly transferred on December 19, 2002.
25. The State points out that, once the necessary formalities for repatriation had been
complied with, on September 8, 2003 the Directorate of Migration and Naturalization issued
Resolution No. 8230 on September 8, 2003, in which it invalidated the resolution of December
6, 2002. As a result, the departure of Mr. Vélez Loor was ordered and he was transferred on
September 9, 2003 to the facilities of the Directorate of Migration and Naturalization of the
Ministry of the Interior and Justice with a view to his subsequent deportation. On September
10, 2003, he traveled to his native country, Ecuador, on Avianca Airlines flight 061 at 6:40
pm.
26. The State reports that, once he was in Ecuador, Mr. Vélez Loor made a formal complaint to
the Panamanian Embassy in Ecuador, regarding the physical mistreatment that he had been
allegedly subjected to within the Panamanian prison system. The State explains that this led to
an investigation of the facts, as of January 27, 2004, carried out by the Ministry of Foreign
Affairs. The National Police and the Directorate of Migration and Naturalization sent reports
relating to the legality of the detention. This information was sent to the Panamanian Embassy
in Quito on April 13, 2004, for forwarding to Mr. Vélez.
27. On September 15, 2004, Mr. Vélez Loor once again complained about the alleged
mistreatment he had received and he submitted a new complaint relating to the payment of
2500.00 balboas for the issuance of a tourist visa, allegedly issued by the Panamanian
Consulate in Cartagena de Indias, Colombia. In this regard, on September 27, 2004, the
2 Official Letter No. ZPD/SDIIP 92-02, of November 12, 2002.
5