36
after the arrest, the National Police of Darien Zone placed Mr. Vélez Loor at the
disposal of the Office of Immigration and Naturalization by means of Official letter N°
ZPD/SDIIP 192-02.113 The Court understands that placing someone at the disposal of
an authority does not necessarily mean bringing someone before the Director of the
Immigration Office. Certainly, as has been established, in order to satisfy the
requirement of Article 7(5) of “being brought” without delay before a judge or other
officer authorized by law to carry out the judicial functions, the competent authority
must hear the detained person personally and evaluate all the explanations that the
latter provides, in order to decide whether to proceed to release him or to maintain
the deprivation of liberty.114
110. Moreover, the Court notes that, once Mr. Vélez Loor was transferred to Metetí,
a form was filled out, titled “filiación,” with his personal information [particulars] and
the reasons why he was in Panama.115 It does not appear from this act that Mr. Vélez
Loor had received a written notification of the alternatives that said Decree Law
established, pursuant to Article 58 therein, in relation to the obligation he had to
legalize his stay in the country or abandon it by his own means, within a minimum
reasonable term of three (3) days and a maximum term of thirty (30) days, without
detriment to the other established penalties. In addition, there is no record of the
position of the officer who filled out the document and, as consequence, whether he
or she had evaluated all the explanations that Mr. Vélez Loor was able to provide in
order to decide whether to proceed to release him or to maintain the deprivation of
liberty, or if he or she had the power to decide about the continuity of the detention
or the release of Mr, Vélez Loor.
111. Based on the foregoing, the Tribunal considers that the State has not provided
sufficient elements that demonstrate that it has complied with the terms established
in Article 7(5) of the Convention.
b)
Arrest warrant 1430 of November 12, 2002
112. The Commission argued that the arrest of Mr. Vélez Loor was arbitrary, from
the moment of the issuance of the arrest warrant on November 12, 2002, to the
moment of his deportation on September 10, 2003. In the Commission’s opinion, the
arrest is only acceptable on the basis of an individualized evaluation and to comply
with a legitimate State interest, “like ensuring the appearance of a person to the
proceeding in order to determine the immigration status and possible deportation.”
Furthermore, it sustained that the “threat to public security” could only be based on
“exceptional circumstances in which there are serious indicia of the risk a person
represents.” In this respect, the Commission pointed out that there is no reference in
the decision of November 12, 2002 to “the specific situation of the [alleged] victim,
the reasons why the detention was acceptable instead of another less detrimental
measure, or the reasons why Mr. Vélez Loor represented a risk to the security or
public order; [therefore] it was arbitrary.” The only justification for the decision was
that Mr. Vélez Loor’s presence was “unlawful” for reasons of “security and public
order.”
disposal of the Director of the Immigration Department of the Ministry of the Interior and Justice
within (24) hours."
Cf. Decree Law No. 16 of June 30, 1960, supra note 80, folio 1152.
113
Cf. Order No. ZPD/SDIIP 192-02, supra note 67; Note No. DNMYN-AL-32-04, supra note 70;
Report of the General Director of the National Police of Panama, supra note 69; Arrest Warrant No. 1430DNMYN-SI, supra note 70.
114
Cf. Case of Chaparro Álvarez and Lapo Íñiguez, supra note 99, para. 85, and Case of Bayarri,
supra note 27, para. 65.
115
Cf. Particulars of Mr. Vélez Loor, supra note 71.
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