29
the American Convention, in relation to Articles 1(1)65 and 266 of the American
Convention, according to the facts of the instant case, the evidence furnished and the
parties' arguments.
92.
It is a non-disputed fact that Mr. Jesus Tranquilino Vélez Loor, an Ecuadorian
national, was detained by the Police of Tupiza, in the Province of Darién, Republic of
Panama, on November 11, 2002, because “he did not have the necessary
documentation which justified his presence on [said] country.”67 The area in which Mr.
Vélez Loor was apprehended is surrounded by jungle and close to the border. The
National Police is in charge of the migration controls due to the lack of an immigration
authority in the area.68 That day, the person in charge of the post of Nueva Esperanza
prepared a report addressed to the Director of the Darien Police Zone69 concerning
“the apprehension of two (2) foreigners” at 2:13 of that day, including Mr. Vélez Loor.
93.
Mr. Vélez Loor was, according to the official letter N° ZPD/SDIIP 192-02,
“placed at the disposal of” the Office of Migration and Naturalization of Darién on
November 12, 2002.70 In the town of Meteti, a form of immigration called “filiación”
h) the right to appeal the judgment to a higher court.
64
Article 25(1) establishes that:
Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent
court or tribunal for protection against acts that violate his fundamental rights recognized by the
constitution or laws of the state concerned or by this Convention, even though such violation may have
been committed by persons acting in the course of their official duties.
65
Article 1(1) establishes that:
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.
66
Article 2 of the Convention provides that:
[W]here the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by
legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional
processes and the provisions of this Convention, such legislative or other measures as may be necessary to
give effect to those rights or freedoms.
67
Official Letter N° ZPD/SDIIP 192-02 issued by the Subdirectorate of Information and Police
Investigation, Darién Police Zone of the Ministry of Government and Justice of Panama on November 12,
2002 (case file of the evidence, volume VI, annex 2 of the response to the application, folio 2482).
68
The State sustained that “Tupiza, a town of the Province of Darién where Mr. Vélez was
apprehended, does not have a migration post; therefore, the National Police is in charge of the immigration
controls.” See also, Wing, Fernando. “Refugees and the Legislation of the Right to Asylum in the Republic of
Panama" (Los Refugiados and la Legislacion sobre el Derecho al Asilo en la Republica de Panama),
published in Asylum and Refugee in the Borders of Colombia, PCS, Bogotá, 2003 (case file of the evidence,
volume IV annex 17 of the autonomous brief containing pleadings, motions and evidence, folios 1621 to
1622).
69
Cf. Report of novelties issued by the National Police located at the Darien Police Zone, Panama on
November 11, 2002 (case file of the evidence, volume III, annex 8 of the application, folio 1211). Note N°
AL-0874-04 from the Legal Advisory Services Office of the National Police of the Ministry of Interior and
Justice of Panama of March 30, 2004 (case file of the evidence, volume III, annex 6, folio 1206); Note N°
208-DGSP.DAL issued by the General Office of the Penitentiary System of the Ministry of the Interior and
Justice addressed to the General Office of Legal Affairs and Treaties of the Ministry of Foreign Affairs on
February 22, 2006 (case file of the evidence, volume VIII, annex 25 of the answer to the application, folios
3192 to 3194); Report of the General Director of the National Police of Panama addressed to the General
Office of Legal Affairs and Treaties, on February 24, 2006 (case file of the evidence, volume IV, annex 5 of
the autonomous brief of pleadings, motions and evidence, folio 1572); Note N° 268-DGSP.DAL issued by
the National Prison System Office of Panama addressed to the General Director of the Office of Legal Affairs
and Treaties on April 12, 2007 (case file of the evidence, volume IV, annex 13 of the autonomous brief of
pleadings, motions and evidence, folio 1605).
70
Cf. Official Letter N° ZPD/SDIIP 192-02, supra note 67; Note N° DNMYN-AL-32-04 from the
National Office of Immigration and Naturalization of the Ministry of Interior and Justice of Panama of
February 17, 2004 (case file of the evidence, volume III, annex 5 of the application, folio 1203); Report of
the General Director of the National Police of Panama, supra note 69; and, Arrest Warrant N° 1430DNMYN-SI issued by the National Office of Immigration and Naturalization of the Ministry of Interior and
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