37 113. The State pointed out that the arrest warrant was of a preventive nature and was issued while the immigration authority was examining the case. It alleged that the enjoyment of the right to personal liberty of Mr. Vélez was suspended according to the forms prescribed by law, based on a reason previously stipulated by law and ordered by a competent authority; it was not arbitrary, he was informed of the reasons of his arrest, and was brought before the authorized officer. 114. The Tribunal notes that in the Detention Order 1430 (supra para. 93), it was mentioned that Mr. Vélez Loor had been placed at the disposal of the National Office of Immigration “for having been arrested due to the fact that he did not have any legal documents which justified or authorized his physical presence on national territory and was unable to enter Panama again.”116 Based on the foregoing, it was decided to order his arrest “for having entered the country illegally and for reasons of security and public order in order to apply to him any of the measures established in Decree Law N° 16 of 1960.”117 115. The Court verifies that the immigration authority, who issued said arrest warrant and who was authorized to do so, established as legal grounds for the validity of said measure several articles of Decree Law N° 16.118 In this respect, the Court notes that the norms mentioned as grounds for the arrest warrant provided, inter alia, the following: 1) the Ministry of Interior and Justice may deny the entrance or passage in the country to any alien who is living in it, as long as it is necessary or convenient for reasons of security, public health, or public order (Article 36); 2) the immigration into the country of those aliens who had been deported from the Republic of Panama is prohibited (Article 37(f); 3) immigration officers shall have the power to arrest any alien who, in their presence or sight, seek to enter the national territory in violation of the provisions of the Decree Law or who is apprehended in the national territory without any document to accredit his legal entrance, residence or permanence in the country, according to the legal requirements; such person shall be placed at the disposal of the Director of the Immigration Office of the Ministry of Interior and Justice within the next twenty-four (24) hours (Article 60); 4) nonresident aliens or immigrants who provide false information in order to reap the benefits of this Decree Law, will be forced to leave the country immediately upon confirmation of the crime (Article 61); 5) if the alien were incapable of presenting the documents he or she should have according to the Decree Law based on a just cause, immediate notice shall be served on the Director of the Immigration Office of the Ministry of Interior and Justice, and such foreigner shall be placed at its disposal for all appropriate purposes (Article 62); 6) an alien who had entered the country without complying with the legal requirements for the entrance or who remain in the country after the expiration of their visas, shall be placed at the disposal of the Ministry of Interior and Justice in order to be deported or in order to adopt the corresponding measures (Article 65, first paragraph); 7) aliens condemned to deportation who evade this order by staying in the country in a clandestine manner or flouts the penalty by returning to the country, shall be sentenced to two (2) years of agricultural work in the Penal colony of Coiba and will be obliged to leave the country at the end of that period (Article 67), and 8) the Director of the Immigration Office shall dispatch and decide, at first instance, the matters related to immigration in general (Article 85). 116. Even when the arrest is made for reasons of “security and public order” (supra para. 114), it must comply with all the guarantees of Article 7 of the Convention. In this respect, the resolution adopted by the Director of the National Immigration Office does not clearly show what was the reasoned and objective legal substantiation 116 Arrest Warrant N° 1430-DNMYN-SI, supra note 70. 117 Arrest Warrant N° 1430-DNMYN-SI, supra note 70. 118 Cf. Decree Law N° 16 of June, 30, 1960, supra note 80.

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