30
was completed with Mr. Vélez Loor’s information,71 and afterwards the National Office
of Immigration and Naturalization of the Ministry of Interior and Justice (hereinafter,
the “National Office of Immigration”) issued Arrest Warrant N° 1430,72 and Mr. Vélez
Loor was transferred to La Palma Public Prison, according to the records, because “the
National Office of Immigration d[id] not have special cellblocks to locate the
undocumented persons.”73
94.
On December 6, 2002, by means of Resolution 7306, the Director of the
National Migration Office, after having ratified that Mr. Vélez Loor had been previously
deported from the Republic of Panama by means of Resolution 6425 of September 18,
1996, for having entered national territory “unlawfully,”74 decided to sentence him “to
serve a two (2) year prison term in one of the Penitentiary facilities of the country”
for “failing to comply with the warnings […] regarding the prohibition to enter that
existed against him” and, in consequence, for violating the terms of Decree Law 16 of
1960 on Migration, of June 30, 1960 (hereinafter, “Decree Law 16 of 1960” or
“Decree Law 16”).75 Said order was not served to Mr Vélez Loor (supra para. 60 and
infra para. 175). Subsequently, Mr. Vélez Loor was moved to the La Joyita
Penitentiary Center.76
95.
On September 8, 2003, the National Office of Immigration, by Order N° 8230,
commuted Mr. Vélez Loor’s sentence, given that he presented a ticket to abandon the
country,77 and the next day, he was transferred from La Joyita Penitentiary to the
Justice of November 12, 2002 (case file of the evidence, volume IV; annex 2 of the response to the
application, folio 2480 to 2481).
71
Cf. Particulars of Mr. Vélez Loor in the Immigration Registry of the Office of Immigration and
Naturalization of the Ministry of Interior and Justice of November 12, 2002 (case file of the evidence,
volume VI, annex 2 of the response to the application, folio 2456).
72
Arrest Warrant N° 1430-DNMYN-SI, supra note 70.
73
Note N° 208-DGSP.DAL, supra note 69, and Note N° 268-DGSP.DAL, supra note 69. 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 República de Panamá), supra note 68, folio
1619).
74
Even though Mr. Vélez Loor had been deported from Panama in January 2002, it does not spring
from the resolution that this circumstance was considered when imposing the penalty. Cf. Order N° 6425
issued by the National Office of Immigration and Naturalization of the Ministry of Interior and Justice of
Panama on September 18, 1006 (case file of the evidence, volume III, annex 3 of the application, folio
1197) and Resolution N° 0185 issued by the National Office of Immigration and Naturalization of the
Ministry of Interior and Justice of Panama of January 9, 2002 (case file of the evidence, volume IV, annex 1
of the answer to the application, folio 2396).
75
Cf. Resolution N° 7306 issued by the National Office of Immigration and Naturalization of the
Ministry of Interior and Justice of Panama on December 6, 2002 (case file of the evidence, volume VI,
annex 1 of the answer to the application, folio 2394 to 2395); Report of the General Director of the
National Police of Panama, supra note 69, folio 1573, and Note N° 268-DGSP.DAL, supra note 69.
76
Cf. Communication No. DNMYN-SI-1265-02 issued by the National Office of Migration and
Naturalization of the Ministry of the Interior and Justice addressed to the Director of the Police Zone of
Darién of the National Police on December 12, 2002 (case file of the evidence, tome VI, annex 2 of the
answer to the application, folio 2483); Communication No. DNMYN-SI-1264-02 issued by the National
Office of Migration and Naturalization of the Ministry of the Interior and Justice directed to the Supervisor of
Migration in Metetí, Province of Darién on December 12, 2002 (case file of the evidence, tome VI, annex 2
to the answer to the application, folio 2484); Communication No. DNMYN-SI-1266-02 issued by the
National Office of Migration and Naturalization of the Ministry of the Interior and Justice addressed to the
Director of the La Joya Penitentiary on December 12, 2002 (case file of the evidence, tome VI, annex 2 to
the answer to the application, folio 2485), and Communication No. 2778 T issued by the General Director of
the Penitentiary System addressed to the National Direction of the Office of Migration and Naturalization on
December 11, 2002 (case file of the evidence, tome VI, annex 2 to the response to the application, folio
2486).
77
Cf. Resolution N° 8230 issued by the National Office of Immigration and Naturalization of the
Ministry of Interior and Justice of September 8, 2003 (case file of the evidence, volume VI, annex 1 of the
answer to the application, folio 2398 to 2399) and Note N° 268-DGSP.DAL, supra note 69.
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