Population and Immigration Department shall be notified and thus made aware that the status of the individual concerned is once again that of a foreigner. 67 51. Moreover, the rule governing the preliminary ruling procedure is to be found in Article 1101 of Chapter IV of the Civil Code, which deals with “proceedings for compensation for the damage caused by offences.” The rule is as follows: Article 1101. If the criminal proceedings preceded the civil proceedings, or if the former are instituted while the latter are pending, the defendant may not be sentenced in the civil proceedings before sentenced is passed in the criminal proceedings, except in the following cases: 1 - If the defendant has died before being tried in the criminal proceedings, in which case the civil suit may be brought or continued against the respective heirs; 2 - If the defendant is absent, in which case the criminal proceedings may not be brought or continued. 68 VII MERITS 52. The Court notes that the main point in dispute in this case is whether the State failed in its duty to respect the rights to freedom of movement and residence, to nationality, to equality before the law, and judicial protection, and the rights of the child, to the detriment of the alleged victims. The key facts that will be analyzed refer to the content and effects of Resolution 1088 of May 11, 1992, in which the National Population and Immigration Department declared the presence in Argentina of Ms. Habbal and her daughters to be unlawful, and ordered their preventive detention and expulsion; the impact that this decision may have had on the rights of the child Mohamed René Al Kassar; and the decision of the Acting Federal Judge, of October 27, 1994, revoking Ms. Habbal’s Argentine nationality. The Court will also rule on the alleged violations of judicial protection with respect to the effectiveness of the appeals filed in relation to those rulings. This Court will therefore analyze the merits of this case in two chapters: a) the alleged violation of the rights of movement and residence, due process, nationality, equality before the law, personal liberty and the rights of the child, in relation to the obligation to respect rights; and b) the alleged violation of the right to judicial protection. Furthermore, in response to the State’s arguments (supra, para. 18), as part of its analysis the Court will address whether the facts had a specific impact on the rights of the alleged victims, and, if so, whether the violations have ceased, and reparation made. VII-1 RIGHTS TO FREEDOM OF MOVEMENT AND RESIDENCE, DUE PROCESS, NATIONALITY, EQUALITY BEFORE THE LAW AND PERSONAL LIBERTY, AND THE RIGHTS OF THE CHILD, IN RELATION TO THE OBLIGATION TO RESPECT RIGHTS A. Rights to freedom of movement and residence, due process, equality before the law and personal liberty, and the rights of the child A.1. Arguments of the parties and observations of the Commission 67 68 Regulatory Decree 3213 of 1984, supra, Articles 15 and 18. Argentine Civil Code of January 1, 1871, Article 1101. 17