Communication 1857 (Chile)

1857, presented through a communication of July 25, 1974, denounces the arrest and abuse of Ms. Luz de las Nieves Ayress Moreno, 25 years of age, in "Tres Alamos" prison,Santiago, where she is being held.

In a note dated July 29, 1974, the Commission requested the Government of Chile to provide information on the reasons for the arrest of this individual and to provide assistance to see to it that this individual receives better medical attention.

In a note of July 31, 1974 (No. 12849), the Government of Chile reported the removal of Ms. Ayress Moreno to an appropriate place.

The Commission examined this case during the course of its thirty-fifth session (May 1975), together with the information provided by the Government of Chile. It decided by a majority vote, with the abstention with reservation of Dr. Justino Jiménez de Aréchaga, as follows:

  1. To address a note to the Government of Chile, requesting that it inform the Commission whether the Government of Chile intends to release Ms. Moreno or, should there be charges, to bring her to trial, under what circumstances, where, when, the reasons, and so forth.
  2. To request information on the state of health on the individual concerned and copies of the medical certificates and reports cited by the Government of Chile in its note of July 31, 1974.
  3. To add to the request for information the pertinent parts of the data provided on the case in the communication addressed to the CIDH on May 9, 1975, and
  4. To transmit to the claimant the pertinent parts of the reply received from the Government of Chile, again requesting him that he so kind as to formulate such observations as he deems appropriate.

Pursuant to this decision, a note was sent to the Government of Chile on August 6, 1975. On August 7, the claimant was informed of the decision reached with regard to the case.

During its thirty-sixth session (October 1975), the Commission looked into the status of the case and in view of the fact that the request for information filed on August 6, was still in effect, it agreed to postpone its examination of the case until its next session.

The Government of Chile, in a note dated November 18, 1975 (No.21511), replied to the CIDH by stating that Ms. Ayress Moreno is being held by virtue of powers granted under the state of siege, in the Pirque establishment, by virtue of D.E. 1230 of the Ministry of Interior, and that she is in good health. As for the medical certificates and reports on the case, the Government of Chile stated that these documents were in the hands of the Secretary General of the United Nations, and stated that if the CIDH needed them it could secure them from that Organization.