RESOLUTION No. 24/82

EXILES (CHILE)

March 8, 1982

BACKGROUND:

  1. The Inter-American Commission on Human Rights has received a considerable number of denunciations, confirming the expulsion of many Chilean citizens from national territory, and the Government's refusal to allow them to re-enter the country, under the terms of the special provisions ordered under the state of emergency, which confers the Constitution on the President of the Republic of Chile.

  2. The Commission has begun to process the individual cases corresponding to denunciations presented, transmitting the pertinent parts to the Government of Chile and requesting it to supply the appropriate information.

  3. Each of the cases mentioned in the Appendix, which forms an integral part of this resolution, has the characteristics indicated in the foregoing paragraphs, and all processing required under the Regulations has been completed.

  4. In some of its replies to the requests for information by the Inter-American Commission on Human Rights, the Government of Chile has acknowledged the expulsion and prohibition of entry into national territory of exiles, on the grounds both of special laws enacted during the state of emergency and of the country's new political constitution. The Government has provided no information with respect to other requests.

  5. The IACHR has reiterated its principles on this topic and indicated that the expulsion of nationals, not as matter of choice, as provided for in some legislations, but imposed on the subject by force, as an act against which there is no recourse whatever, is a violation of the right to residence and movement established in Article VIII of the American Declaration.

  6. These expulsions, which have been decreed administratively, with no type of trial, have generally been for an indefinite period of time. That means that this is a harsher penalty than what is usual for the commission of a crime, in which the sentence is always set for a definite time period.

  7. The expulsion of a citizen by his government and the prohibition on re-entry into his homeland violates the right of residence and movement.

  8. Moreover, the Commission has enough evidence to conclude that the citizens mentioned in the individual cases presented here are now in exile and are unable to re-enter their country.

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

RESOLVES:

  1. To declare that the Government of Chile has violated Article VIII (right to residence and movement) of the American Declaration of the Rights and Duties of Man by preventing the exiles from returning to their homeland.

  2. To recommend to the Government of Chile: a) that the persons included in this resolution be given the necessary authorization to return to their country, and b) that the Commission be informed within 90 days of the measures taken to implement this recommendation.

  3. To transmit this resolution to the Government of Chile and to the petitioners in the light of Article 50.2 of the Commission's Regulations, for the appropriate purposes.

    To include this resolution in the Annual Report to the General Assembly of the Organization of American States in accordance with Article 50.4 of the Commission's Regulations, if the Chilean Government does not implement the recommendations made within the aforementioned period.


Note: Dr. Bertrand Galindo withdrew from hearing and ruling on this case.

APPENDIX TO THE RESOLUTION OF CHILEAN EXILES

The Commission has the names of many persons who have been forced into exile regarding whom the IACHR has adopted a resolution at the appropriate time.

Therefore the following list does not include that large number of persons

No NAME CASE No

01 ALEITE, Fernando 3421

02 ALEGRIA, Alvaro Julio 7495

03 ALMONACID PRADO, Ovidio 3417

04 ALVAREZ ROJAS, Graciela 7495

05 BARAHONA MUÑOZ, Luis Hernán 3420

06 BENITEZ CASTILLO, Julio 7520

07 BENAVENTE PAULUS, Mario 7495

08 BITAR CH, Sergio 7495

09 BRIONES, Carlos 7879

10 BRODSKY BERNSTEIN, Moisés 7495

11 CANTUARIAS, Orlando 7880

12 CASTILLO VELASCO, Jaime 7878

13 CHORNIK ABERLUCH, Boris 7495

14 COPPOLA OYARZUN, Salvattori 3433

15 CUETO ROMAN, Patricio Cristobal Lautaro 7456

16 DELANO DE LA CRUZ, Arturo 7495

17 DUVAUCHELLA, Héctor 7495

18 ESPEJO BRAIN, Patricia 7495

19 FUENTEALBA MOENA, Renán 7495

20 GARCIA VIEJO, Cecilia 7495

21 GREGORIO DE LAS HERAS, Sara 7495

22 GUILLEN GRAF, Nora 7495

23 HENRIQUEZ ACEVEDO, Luis 7495

24 HERRERA H., Fidelia 3374

25 HUEPE, Claudio 7495

26 JAQUE PEÑA de BENAVENTE, Nimia 3925

27 JARA ZAMBRANO, José R. 4122

28 JEREZ, Alberto 7881

29 JORQUERA TOLOSA, Carlos 7495

30 LAGOS REYES, Carlos Edgardo 3914

31 LAGOS AGUIRRE, Edgardo Javier 3914

32 LAZO CARRERA, Carmen 7495

33 MARTINEZ QUEZADA, Jorge Domingo 7774

34 MEDRANO ZABALA, Gustavo 7495

35 MORIS, Maria Concepción 4122

36 MOYA, Oscar 4090

37 NOVOA MONREAL, Eduardo 7480

38 OTTONE FERNANDEZ, Ernesto 5712

39 PIZARRO ROMERO, Ana 7495

40 POLLIER BUSTOS, Alejandro 7495

41 RIVERA BRAVO, Osvaldo 7495

42 RODRIGUEZ ARENAS, Aniceto 7495

43 RODRIGUEZ CORTES, Nelson 3888

44 SEPULVEDA, Sergio Antonio 7697

45 SOTO RESPALDIZA, Luis 7495

46 TAUFIC KALAFATOVIC, Camilo 7495

47 VALDERRAMA RIOS, Julio 3977

48 VERA PAULO, Guillermo y familia 7091

49 VICIANI ESCKER, Orel 7495

50 ZALDIVAR, Andrés 7516