15 2. The detention of Fredesvinda Tineo Godos and the habeas corpus petition 74. That same day, February 20, 2001, "when it was found that their entry was illegal” and given that Mr. Pacheco Osco left the office, Mrs. Tineo Godos “was turned over to the Department of 46 Inspections and Immigration Bonds of the National Immigration Service.” The SENAMIG justified the arrest of Mrs. Tineo Godos in the following terms: “She has broken the Bolivian (as well as the Peruvian and Chilean) immigration laws, and therefore was taken under arrest by the Department of Inspections to 47 the offices of the national police with a view to her expulsion from Bolivia the next day.” 75. The communication of February 20, 2001, from the SENAMIG to the police states: I am writing in order to send you the citizens FREDESVINDA TINEO GODOS (Peruvian), so that 48 you might place her in custody, given that there are no cells at our offices. 76. Fredesvinda Tineo Godos was taken late at night to the police cells on Sucre` Street. 49 77. The following day, February 21, 2001, Mrs. Tineo Godos and a lawyer filed for a writ of habeas corpus.50 That same day, February 21, 2001, the SENAMIG received a fax from the CEB-UNHCR Program requesting the release of Mrs. Tineo Godos and indicating that the family would again be applying for refugee status in Bolivia. The facts in connection with this new application are described below 82-87. 78. Mrs. Tineo Godos was released on February 21, 2001. It is not clear if the release came before or after the habeas corpus petition was filed. According to the SENAMIG, the habeas corpus 51 petition was lodged that day in the afternoon, by which time Mrs. Tineo Godos was already at liberty. However, the information available would appear to suggest that Mrs. Tineo Godos was in detention when the habeas corpus petition was filed and that she was at liberty by the time the habeas corpus 52 53 hearing came to order. before the Ninth Criminal Court in and for La Paz. 46 Appendix 5. Report of the former General Advisor on Immigration to the Legal Director of the National Immigration Service (appended to the state’s brief received on December 23, 2004). 47 Appendix 5. Report of the former General Advisor on Immigration to the Legal Director of the National Immigration Service (appended to the state’s brief received on December 23, 2004). 48 Appendix 9. Communication from the SENAMIG to the National Police, February 20, 2001 (appended to the state’s brief received on December 23, 2004). 49 Appendix 18. Judgment of the Constitutional Court on the habeas corpus petition of March 23, 2001 (appended to the state’s brief received on December 23, 2004). This was mentioned by the police official against whom the habeas corpus petition was brought. His account was referenced in the judgment of the Constitutional Court. 50 Appendix 10. Presentation of a petition of habeas corpus to the Duty Court for Criminal Matters on February 21, 2001 (appended to the state’s brief received on December 23, 2004). In that petition, Mrs. Tineo Godos said, “On February 20 of this month [sic] I arrived via Casani, on the Peru-Bolivia border, not in a legal manner because I am a refugee. Once in this city I made my way to immigration in order to to regularize my documents. However, Mr. OSWALDO REA GALLOSO, had me illegally arrested without an order from a prosecutor and put me in a cold, dark cell on Calle Sucre, disregarding my constitutional and human rights. I, therefore, submit to your authority this special petition of habeas corpus against this official and officials of the Judicial Investigations Police (…) and, consequently, request my freedom of movement in order to regularize my legal situation and go to the Republic of Chile.” 51 Appendix 5. Report of the former General Advisor on Immigration to the Legal Director of the National Immigration Service (appended to the state’s brief received on December 23, 2004). 52 Appendix 18. Judgment of the Constitutional Court on the habeas corpus petition of March 23, 2001 (appended to the state’s brief received on December 23, 2004). The Constitutional Court judgment of March 23, 2001 indicates that in the habeas corpus hearing Mrs. Tineo Godos’ lawyer said that, although she had already been released, he was requesting the continued liberty of his client and a cessation of the persecution against her. 53 Appendix 5. Report of the former General Advisor on Immigration to the Legal Director of the National Immigration Service (appended to the state’s brief received on December 23, 2004).