(b) At the time when he was arrested, an M-23 sub-machine-gun was confiscated from him with four magazines and 170 9 mm-calibre projectiles for that weapon, and four triangular black-cloth masks, one of which carried a badge reading "Che Guevara Commando". A number of documents were also confiscated, including one confirming his mem-bership of the guerrilla movement and the draft of a "war report" of the so-called "Che Guevara Commando". (c) The Commando was proposing to carry out in Costa Rican territory a terrorist operational known as "Death to the Fascist Government of Guatemala". The details of this terrorist attack against the Guatemalan Embassy at San José and its aims are specified in the judgement of the Court. (d) The author of this communication, the accused in the trial in question, admitted to the courts that he was part of the "Che Guevara" guerrilla commando and gave details of plans which were going to be put into effect in Costa Rica, coinciding with the details of the "war report" confiscated from him when he was arrested. Mr. J. R. C. added that the commando of which he was chief was made up of two other men who were not arrested, and that one of them was also carrying a sub-machine-gun. (e) Documentary evidence was adduced at the trial proving that the author was in the vanguard of the army of the Sandinista National Liberation Front, as a member of the "Filemón Rivera" and "Facundo Picado" columns. 6.1 With regard to an alleged violation of article 9, paragraph 1, of the Covenant, the State party submits that this provision does not apply to the author because he entered the national territory illegally and is breaking the country's laws (since he was prohibited from entering Costa Rica by a final decision of 1 October 1985 of the Directorate-General for Migration and Aliens' Affairs). The State party further submits that there are other provisions of the Covenant relating to liberty of person and freedom of movement which show that persons who are unlawfully within the territory of a State do not have the right to reside in the country or to move freely within it. These restrictions are set out in article 12, paragraph 1, of the Covenant. Pursuing the analysis of the provisions of article 9, paragraph 1, of the Covenant, the State party argues: ... that the author is not subject to arbitrary detention or imprisonment, since he has been detained under a decision by the competent authority and if he is deprived of his freedom this is because in accordance with the Migrants and Aliens Act and its regulations anyone who has unlawfully entered the country and who is under an order of expulsion shall be kept in detention during the deportation procedure, particularly if allowing him to remain at liberty would endanger national security and public order. The author's background shows him to be a highly dangerous person owing to his past guerrilla and terrorist activities, as well as his criminal record in Costa Rica, where he was sentenced for a number of offences. The security measures adopted by the State in keeping him in detention until he can be deported are therefore fully justified. The length of the author's detention pending deportation is attributable to the fact that, in spite of concerted efforts by the State party, no other country has hitherto agreed to accept Mr. J. R. C. on its territory. 6.2 With regard to an alleged violation of article 9, paragraph 4, of the Covenant, the State party submits that the evidence presented by the author himself demonstrates that his claim is unfounded, since on 11 December 1987 he applied for habeas corpus before the Supreme Court of Justice which, on 5 January 1988, declared the application unfounded, thus confirming the lawfulness of his detention. In its decision, the Court stated that "in the case of aliens unlawfully present in the territory of the Republic, detention constitutes the physical means of ensuring their expulsion, a measure already decreed by the Directorate-General for Migration and Aliens' Affairs". 6.3 With regard to an alleged violation of article 14 of the Covenant, the State party submits that at the time when the author submitted his communication, no criminal charge had been brought against him for his second illegal entry into Costa Rican territory. The State, acting through the Directorate-General for Migration and Aliens' Affairs, merely ordered the deportation of Mr. J. R. C. for entering the country illegally once the Costa Rican authorities had decided to deport the author, and their sole responsibility was to expedite the process, and to find a country which would agree to accept him. 76