Deportación ilegal, caso Serrano informe 84/09 CIDH.

Abstract

Deportation is a legal figure that is used between States to seek justice and, the unlawful acts of people do not remain unpunished due to the lack of jurisdiction to sanction or exercise the right with respect to that person who is not physically within determined territory, but rather hides or has migrated to another territory to avoid being penalized with all the rigor of the law. However, in the face of said arbitrariness, the States have signed agreements to provide State cooperation and prevent said acts from remaining in impunity. However, there are certain internal provisions that States have accepted to legally protect citizens and prevent them from being penalized with laws that are not from their country of origin, therefore, deportation or extradition is not allowed for nationals in certain States. For example, in Ecuador. Therefore, this paper will review the pronouncement of the Inter-American Commission on Human Rights on the case of Mr. Serrano, who maintained an Ecuadorian nationality and, due to the naturalization process, lost it. Later, he was immersed in a judicial process that forced him to return to said State to be tried according to law.