and to contest the lawfulness of the detention (Art. 7(6)).177 Therefore, with regard to the
general obligation, the Court recalls that “any violation of paragraphs 2 to 7 of Article 7 of
the Convention necessarily entail the violation of Article 7(1) thereof.”178
126. With regard to the specific guarantee established in Article 7(2) of the Convention,
the Court reiterates that the limitation of physical liberty, even for a short period, including
limitations merely for identification purposes, must “adhere strictly to the relevant provisions
of the American Convention and domestic law, provided that the latter is compatible with the
Convention.”179 Therefore, in order to analyze the alleged violation of Article 7(2), the Court
considers it necessary to refer to the domestic legal and constitutional provisions, “so that
any requirement established therein that is not complied with would make the deprivation of
liberty unlawful and contrary to the American Convention.”180
127. In this regard, Article 8(2) of the 1994 Constitution,181 in force at the time of the
facts, stipulates that:
[…]
b. No one shall be imprisoned or have their liberty restricted without a written and founded order
from a competent judicial official, except in case of flagrante delicto.
c. Anyone deprived of liberty without cause or without the legal formalities, or outside the cases
provided by law, shall be released immediately at their own request or that of any other person.
d. Anyone deprived of liberty shall be brought before the competent judicial authority within fortyeight hours of detention or be released.
e. Any arrest shall be annulled, or imprisonment shall be decided within forty-eight hours of the
arrest by a competent judicial authority, and the interested party must be notified within the
same period of the decision taken in this regard.
f. It is absolutely prohibited to transfer any detainee from a prison facility to another location
without a written and founded order from a competent judicial authority.
g. Anyone who has a prisoner in his or her custody shall be required to present the prisoner as
soon as the competent authority requires this.
[…]
128. Also, at the time of the facts, article 13 of the 1939 Immigration Law regulated the
procedure for the detention and deportation of immigrants:182
The following aliens shall be arrested and deported under the orders of the Secretary of State for
the Interior and Police, or other official appointed by the latter for this purpose:
Any alien who enters the Republic […] using false or misleading declarations or without inspection
and admission by the Immigration Authorities at one of the designated ports of entry.
[…]
e) […] No alien shall be deported without being informed of the specific charges on which the
deportation is based, or without having been given a fair opportunity to refute such charges under
Immigration Regulations No. 279 of May 12, 1939, except in cases in which deportation has been
ordered under article 55, paragraph 16183 of the Constitution, or in the cases set out in article 10,
paragraph 1,184 and article 13, paragraph 3,185 of this Law.
177
Cf. Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Preliminary objections, merits, reparations and
costs. Judgment of November 21, 2007. Series C No. 170, para. 51, and Case of Fleury et al. v. Haiti. Merits and
reparations. Judgment of November 23, 2011. Series C No. 236, para. 53.
178
Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 54, and Case of the Barrios Family v.
Venezuela, supra, para. 54.
179
Cf. Case of Torres Millacura et al. v. Argentina, Merits, reparations and costs. Judgment of August 26,
2011. Series C No. 229, para. 76, and Case of the Barrios Family v. Venezuela, supra, para. 75.
180
para. 54.
Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, supra, para. 57, and Case of Fleury et al. v. Haiti, supra,
181
Constitution of the Dominican Republic, 1994. Voted and proclaimed by the national Assembly on August
14, 1994 (file of attachments to the representatives’ final written arguments, tome VIII, folio 4112).
182
Immigration Act, Law 95 of April 14, 1939. Published in Gaceta Oficial No. 5299 (file of attachments to the
representatives’ final written arguments, tome VIII, folio 4240).
183
Article 55. The President of the Republic is the head of the public administration and the supreme chief of
all the armed forces of the Republic and the police forces. It corresponds to the President of the Republic: 16. To
38
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