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.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents