31
premises of the National Office of Migration in the Panama City.78 On September 10,
2003, Mr. Vélez Loor was deported to the Republic of Ecuador.79
96.
The deprivation of liberty of Mr. Vélez Loor was ordered based on the terms of
Decree Law 16 of July 30, 1960 on Migration,80 which was annulled by means of
Article 141 of Decree Law N° 3 of February 22, 2008.81 That is, after the facts that
gave rise to the instant case, reforms were introduced in the Panamanian legal
framework regarding immigration. However, it falls upon this Tribunal to decide on
the immigration laws in force in Panama at the time of the events of the instant case
and applied to Mr. Vélez Loor vis-á-vis its obligations under the American Convention.
97.
This Tribunal has already stated that, in exercise of its power to adopt
migratory policies,82 States may establish mechanisms to control the entry into and
departure from their territory of individuals who are not nationals, as long as they are
compatible with the norms of human rights protection established in the American
Convention.83 Also, even though States enjoy a margin of discretion when adopting
their migratory policies, the goals of such policies should take into account respect for
the human rights of migrants.84
98.
In this respect, the Court has established that from the general obligations to
respect and guarantee rights, derive special duties, which can be ascertained based
on the particular needs of protection of the legal person, considering the personal
condition or the specific situation of the person.85 In this respect, migrants who are
78
Cf. Discharge record of La Joyita Penitentiary of Jesus Vélez of September 9, 2003 (case file of the
evidence, volume VI, annex 3 of the answer to the application, folio 2536); and Report of the General
Director of the National Police of Panama, supra note 69, folio 1574).
79
Cf. Note A.J. N° 551 issued by the Ministry of Foreign Affairs of Panama to the Ambassador of
Panama in Ecuador of March 10, 2004 (case file of the evidence, volume IV, annex 3 of the autonomous
brief of pleadings, motions and evidence, folio 1567 to 1568); Safe conduct N° 59/03 issued by the
Consulate General of Ecuador in Panama on September 10, 2003 (case file of the evidence, volume III,
annex 21 of the application, folio 1254); Note N° DNMYN-AL-32-04, supra note 70; Note N° 4-2-105/2009
issued by the Ecuadorian Embassy in Panama addressed to the Ministry of Foreign Affairs of Panama on
September 15, 2009 (case file of the evidence, volume VI, annex 1 of the response to the application, folio
2437).
80
Cf. Decree Law N° 16 of June 30, 1960 published in the Official Gazette on July 5, 1960 (case file
of the evidence, volume VIII, annex 54 of the answer to the application, folios 3619 to 3635), and Decree
Law No. 16 of June 30, 1960 on Migration, integrated text, with its respective modifications, subrogations,
derogations, and additions (case file of the evidence, tome III, annex 1 of the application, folios 1145 to
1155).
81
Cf. Decree Law N° 3 of February 22, 2008 that creates the National Immigration Service, the
Immigration Career and Stipulates Other Provisions published in the Digital Official Gazette of February 26,
2008 (case file of the evidence, volume VII, annex 10 of the response of the application, folio 2895).
82
The migratory policy of a State includes any institutional act, measure or omission (laws, decrees,
resolutions, directives, administrative acts, etc.) that refers to the entry, departure or residence of national
or foreign persons in its territory. Cfr. Juridical Condition and Rights of the Undocumented Migrants.
Advisory Opinion OC-18/03 of September 17, 2003, Series A N.18, para. 163.
83
Cf. Case of Haitians and Dominicans of Haitian-origin in the Dominican Republic regarding the
Dominican Republic. Provisional Measures. Order of the Inter-American Court of August 18, 2000,
Considering clause four.
84
Cf. Juridical Condition and Rights of the Undocumented Migrants. supra note 82, para. 168.
Likewise, the Special Rapporteur on the human rights of migrants of the United Nations Human Rights
Council has sustained that “[a]lthough it is the sovereign right of all States to safeguard their borders and
regulate their migration policies, States should ensure respect for the human rights of migrants while
enacting and implementing national immigration laws.” United Nations, Human Rights Council, Report of
the Special Rapporteur on the human rights of migrants, Mr. Jorge Bustamante, entitled "Promotion and
Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, including the Right to
Development" of February 25, 2008 A/HRC/7/12, para. 14 (case file of the evidence, volume V, annex 24
of the autonomous brief of pleadings, motions and evidence, folio 2017).
85
Cf. Case of the Massacre of Pueblo Bello v. Colombia. Merits, Reparations, and Costs. Judgment of
January 31, 2006. Series C No. 140, para. 111; Case of González et al. (“Cotton Field”), supra note 20,
para. 243, and Case of Anzualdo Castro, supra note 60, para. 37.
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