21 102. After again being acquitted in Peru, on August 7, 2001, Rumaldo Juan Pacheco Osco and Fredesvinda Tineo Godos entered the Republic of Chile through the immigration control at Arturo 89 Merino Benítez Airport. The available information indicates that the family currently resides in Chile, where their refugee status is recognized. V. LEGAL ANALYSIS 103. Based on the established facts, the Commission’s legal analysis in the instant case takes the following order: i) the right to personal liberty of Fredesvinda Tineo Godos; ii) the right to a fair trial, the right to seek and be granted asylum, the principle of non-return, and the right to judicial protection of the Pacheco Tineo family; iii) the right to humane treatment; and, iv) the duty to provide special protection to children and the rights of the family. A. The right to personal liberty of Fredesvinda Tineo Godos (Article 7 of the American Convention) 104. Where it pertains to the instant case, Article 7 of the American Convention provides: 1. Every person has the right to personal liberty and security. 2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto. 3. No one shall be subject to arbitrary arrest or imprisonment. 4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or charges against him. 5. Any person detained shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to be released without prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his appearance for trial. 6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the court may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful. In States Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat, this remedy may not be restricted or abolished. The interested party or another person in his behalf is entitled to seek these remedies. 7. No one shall be detained for debt. This principle shall not limit the orders of a competent judicial authority issued for nonfulfillment of duties of support. 105. Article 1(1) of the American Convention provides: The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 106. The Commission considers proven that Fredesvinda Tineo Godos was deprived of liberty on February 20, 2001, upon orders from the National Immigration Service, as a result of her irregular entry to Bolivia, and with a view to her expulsion from the country. As is mentioned in the established facts, Mrs. Tineo Godos was taken late at night to a police station where she remained until the following day. The detention of Fredesvinda Tineo Godos was determined by a migration authority. Domestic judicial authorities concluded that the detention did not comply with legal and constitutional guarantees, and also concluded that according to the Legal Migration Regime migration authorities had no faculty to 89 Appendix 1. Copies of pages of the passport of Rumaldo Juan Pacheco Osco (appended to the petitioners’ briefs received on December 27, 2002, and January 30, 2007); and Appendix 4. Copies of pages of the passport of Fredesvinda Tineo Godos (appended to the petitioners’ briefs received on December 27, 2002, and January 30, 2007).