RESOLUTION Nº 24/82
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
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
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.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
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
4. 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.
Dr. Bertrand Galindo withdrew from hearing and ruling on this case.
TO THE RESOLUTION OF CHILEAN EXILES
Commission has the names of many persons who have been forced into exile
regarding whom the IACHR has adopted a resolution at the appropriate
the following list does not include that large number of persons
Patricio Cristobal Lautaro
DELANO DE LA
GREGORIO DE LAS
JAQUE PEÑA de
QUEZADA, Jorge Domingo 7774
Guillermo y familia