1. On December 5,
1977, the Commission received the following denunciation:
Cuchallo Orellana, a Bolivian professor, former delegate of a
grass-roots committee of professors, was imprisoned in February 1976,
and the following days was sent into exile in Punta Arenas, Chile. After
five months in that city, he was allowed to go to Santiago, where he was
unemployed since the Government of Bolivia had given instructions that
he was not to be given any kind of employment. In 1977, he managed to
get a visa for Caracas, and he left for that city on April 20, where he
is now living in exile.
the short time he was imprisoned, he was unable to avail himself of any
legal remedy, and he now has no access to domestic remedies, since he is
2. In a note of
April 5, 1978, the Commission transmitted the pertinent parts of the
denunciation to the Government of Bolivia, and asked it to provide the
appropriate information on the denunciation, and on the exhaustion of
domestic legal remedies.
3. In a
communication of June 6, 1978, the Government of Bolivia replied to the
Commission’s request in the following terms:
Nicanor Cuchallo Orellana, an active militant in the Sandoval Moron
sector of the Revolutionary Nationalist Movement (MNR) and in the
‘VALOR’ group, involved with the National Liberation Army (ELN), was
detained in February 1976, because of his subversive activity to
overthrow the Nationalist government.
the month of February, he was involved in subversive activity, and as a
participant in clandestine meetings he drafted a clandestine
communication to accomplish his objectives of creating disturbances and
overthrowing the government. For this conspiracy plan, he was exiled to
Chile. He has now been granted amnesty under the General Amnesty of
January 19, 1978.”
4. The pertinent
parts of the Government’s reply were transmitted in a letter of June
28, 1978 to the complainant, and he was invited to make observations on
5. To date, the
person filing the denunciation has made no observations to the
requirements established in Articles 9, 9 (bis) and 10 of the Statute of
the Commission and the other corresponding regulations of the Statute
and of the Regulations have been fulfilled;
2. The Government
of Bolivia, in its letter of June 6, 1978, has declared that Mr. Nicanor
Cuchallo Orellana ‘was exiled to Chile,”
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
1. To declare that
the Government of Bolivia violated (Article VIII) right of residence and
movement of the American Declaration of the Rights and Duties of Man.
2. To recommend to
the Government of Bolivia: a) to take such measures as may be necessary
to guarantee observance of the right to residence and movements upheld
in the American Declaration; b) to inform Mr. Cuchallo Orellana, if it
has not already done soon, that he may return at any time to the
country, without legal impediment; c) to inform the Commission within a
maximum of 90 days as to the measures taken to put into practice the
recommendations listed in the present Resolution.
3. To communicate
this decision to the Government of Bolivia and to the claimant.
4. To include this
Resolution in the Annual Report of the Commission to the General
Assembly of the Organization of American States, in conformity with
Article 9 (bis), paragraph c. iii of the Statute of the Commission,
without prejudice to the fact that the Commission may, at its next
session, reconsider the case in the light of such measures as the
Government may have adopted.
at the 609th meeting of March 6, 1979 (46th
session) and transmitted to the Government of Bolivia).