Communication 1886 (Chile)

1886, of October 23, 1974, denounces the arbitrary arrest of Mr. Claudio Hector Alemany González, in Santiago, on October 16, 1975. Mr. Alemany is a labor leader in the teachers' union.

In a letter dated November 11, 1974, the Secretariat acknowledged receipt of the claim. The Commission , in a note of December 17, 1974, requested the Government of Chile to provide the appropriate information. A copy of that note was transmitted to the Delegation of Chile to the OAS on December 18, 1974.

In a note dated January 24, 1975 (No. 1586), the Government of Chile replied to the request for information filed by the Commission. The pertinent parts of that reply appear below :

"In connection with this matter, I wish to inform Your Excellency that Mr. Alemany is being held under arrest in Puchuncaví, by virtue of the power that a State of Siege grants to the Executive Power as provided for in the political Constitution of 1925, currently in force, powers of which the Committee is aware.

"I can assure Your Excellency that the life of Mr. Alemany is not in any danger and that suspicions that he could be subject to unwarranted physical or moral injury are unfounded.

"In a note of February 6, 1975, the Secretariat informed the Government of Chile that it had received the information sent. A copy of that note was transmitted to the Delegation of Chile to the OAS on February 7, 1975.

In a communication of February 10, 1975, the Secretariat transmitted to the claimant the pertinent parts of the reply received from the Chilean Government.

The Commission examined this case; together with the information received from the Government of Chile, during its thirty-fifth session (May 1975). It decided to again address the Government of Chile requesting more information on the imprisonment of Mr. Alemany, as to whether or note the Government of Chile intended to release him in the near future, or should there be charges, to bring him to trial, and in that case the nature of those charges and the place and date set for the trial.

Likewise, in taking this decision, the Commission decided to address the Government of Chile in the same terms decided upon for the case of Mr. Alemany, in connection with similar cases of individuals who have allegedly been arrested by virtue or provisions applicable under a state of siege.

Subsequent to this decision taken on May 20, the Commission received a communication from the claimant on May 21, according to which Mr. Alemany had been released on March 21, 1975, and had left for Mexico as a political exile.

In view of the foregoing, at the thirty-fifth session (May 1975) the Commission decided to file case 1886 and did not implement the decision taken with regard to the status of Mr. Alemany.

This decision was brought to the attention of the Government of Chile and the claimant through a note of August 6 and a letter of August 27, respectively.