ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF FEBRUARY 13, 2013
CASE OF VÉLEZ LOOR v. PANAMA
MONITORING COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The Judgment on preliminary objections, merits, reparations and costs delivered on
November 23, 2010 (hereinafter “the Judgment”) by the Inter-American Court of Human
Rights (hereinafter “the Inter-American Court” or “the Court”), in which it accepted the
partial acknowledgement of responsibility made by the Republic of Panama (hereinafter “the
State” or “Panama”) and declared the internationally responsibility of the latter for the
violation of the rights to personal liberty, judicial guarantees, the principle of legality, and
personal integrity of Jesús Tranquilino Vélez Loor, an Ecuadorian national, as well as for
failing to undertake an investigation into the alleged acts of torture that were denounced,
and for failing to comply with the obligation to ensure, without discrimination, the right of
access to justice. The Court determined, inter alia, that the detention of an individual for
failing to comply with the migratory laws should never have a punitive purpose and that, if
detention is necessary and proportionate in a specific case, migrants should be detained in
establishments specifically designed to this end that accord with their legal situation, and
not in ordinary prisons whose purpose of which is incompatible with the nature of the
possible detention of an individual owing to his or her migratory situation, or other places
where they may be detained together with persons accused or convicted of criminal
offenses.1 In the Judgment, the Court established that:
[…]
12.
The State must pay the amount established in paragraph 264 of th[e] Judgment for
specialized medical attention and psychological treatment, as well as for medicines and other
future related expenses within six months.
13.
The State must make the publications ordered, as established in paragraph 266 of th[e]
Judgment.
Judge Alberto Pérez Pérez advised the Court that, for reasons beyond his control, he would be unable to
attend the deliberation and signature of this Order.
1
The official summary of the Judgment delivered by the Court can be consulted [in Spanish] on the
following webpage: http://www.corteidh.or.cr/docs/casos/articulos/resumen_218_esp.pdf