March 8, 1982
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- The expulsion of a citizen by his government and the prohibition on re-entry into
his homeland violates the right of residence and movement.
- 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
- 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.
- 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
be informed within 90 days of the measures taken to implement this recommendation.
- 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