b) Statement that this person has not been arrested, detained or imprisoned by a ruling of a competent judge or court. c) The reason or pretext for the imprisonment, detention, arrest or deprivation of liberty. d) If the imprisonment or deprivation of liberty is based on a court order, judicial decision or decree, a copy of this shall be attached to the request, unless the applicant guarantees that, owing to the transfer or the concealment of the person imprisoned or deprived of liberty, prior to the application, this copy cannot be requested, or that this was requested and was a refused. e) If it is alleged that the imprisonment or deprivation of liberty is unlawful, the applicant shall indicate the grounds of the alleged unlawfulness. If the applicant is unaware of any of the circumstances indicated in this article, he must also expressly indicate this. 184. Article 4 of this law indicated that: “[t]he judge or court authorized to examine the writ, shall grant it promptly, provided that the application is in keeping with this law is presented.” 185. Lastly, article 7 of the Habeas Corpus Act also establishes that: “[w]hen a judge has evidence that any person within his jurisdiction is illegally detained or deprived of liberty, he shall issue a writ of habeas corpus to assist that person, even though the latter has not applied for this.” 186. Article 13 of Immigration Law No. 95 of April 14, 1939, set out the reasons for which aliens could be “arrested and deported by order of the Secretary of State for Internal Affairs and Police, or another official appointed by the Secretary of State to this end.” 187. Also, paragraph (f) of that article established the conditions for detention prior to deportation: In cases of deportation, the alien in question may be arrested for up to three months by order of the Secretary of State for Internal Affairs and Police or the Director General of Immigration. If the deportation cannot be implemented within this period because a passport, or visa for a travel document, has not been obtained, the alien may be referred to the prosecutor and the authorized correctional court will order by a judgment that he remain in prison for six months to two years, according to the gravity of the case. However, if, following the proceedings or the judgment, the alien obtains a passport, or visa for the travel document, from the corresponding authority, making it possible for him to leave the country, the prosecutor shall release him for this purpose at the request of the Secretary of State for Internal Affairs and Police or of the Director General of Immigration, and the proceedings shall be dismissed or the ruling annulled. There shall be no appeal against the rulings. 188. Similarly, Law No. 4658 of March 24, 1957, 174 established: Art. 1. Notwithstanding the attributes that correspond to the Secretary of State for Internal Affairs and Police, the courts of the Republic may order the deportation of any alien who commits one of the offenses established in article 13 of Immigration Law No. 95 of April 14, 1939, as the main penalty, when the case is filed by the Director of the National Investigations Department. The courts of the Republic may also order deportation as a supplementary punishment when the alien has committed a crime or offense the gravity of which, in the opinion of the respective Court, warrants this punishment. Art. 2. When deportation has been ordered, as either the main penalty or a supplementary punishment, the alien may be arrested for up to three months by order of the competent prosecutor. The judgment ordering the deportation shall always establish that, if the deportation cannot be implemented during that time because a passport, or a visa for a travel document, has not been obtained, the alien shall remain in prison for from six months to two years, according to the gravity of the case. However, if following the judgment, the alien obtains a passport or visa for the travel document, making it possible for him to leave the country, the prosecutor shall release him for this purpose. 174 Law No. 4658 of March 24, 1957, published in Official Gazette No. 8105. Both the Commission in its Merits report and the representatives in their motions and arguments brief, fs. 27 and 186, respectively, mentioned a link to this document. 61

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