RESOLUTION Nº 55/81
1. On May 7, 1979, Professor Eugenio Velasco L. attorney, a Chilean citizen, forwarded the following communication to the Inter-American Commission on Human Rights:
feel it my duty to inform you of another serious violation of my human
right to live in the country where I was born, recently committed by the
military dictatorship that is subjugating Chile. On August 6, 1976, I
was kidnapped by the régime's political police and abruptly thrown out
of the country to Buenos Aires, along with Professor Jaime Castillo. The
Government's pretext for the expulsion was alleged activities damaging
to national security. However, when asked to specify them, it stated
that it was unable to make them public because to do so would also
endanger national security.
two and a half years in exile, I asked the Ministry of the Interior last
February 17 to authorize my return to Chile. I was notified on April 26
by the Chilean Consul in this city of a decision issued by the Minister
on April 3 rejecting my request "for reasons of national
security". The decision was a confidential one, which was not made
public in Chile, and I was notified orally and received no copy of it.
2. In a note of
May 17, 1979, the Commission transmitted to the Government of Chile the
pertinent parts of the denunciation in accordance with Articles 42 of
the Regulations, and asked it to provide the corresponding information
and any other background information that would enable the Commission to
determine whether domestic legal remedies had been exhausted in the case
addressed by the present request.
3. On the same
date the Commission wrote to the claimant and informed him how his
communication had been handled.
4. Since it
received no reply from the Government to its note of May 17, 1979, the
Commission reiterated its request for information on February 24, 1981,
and set a deadline of 30 days for receiving such information.
1. The pertinent
requirements established in Article 20 of the Statute of the Commission
and other corresponding rules of the Statute and of the Regulations have
been complied with;
2. Article VIII of
the American Declaration of the Rights and Duties of Man establishes
that: "Every person has a right to fix his residence within the
territory of the state of which he is a national, to move about freely
within such territory and not to leave it except by his own will";
3. On April 26,
1979, Mr. Eugenio Velasco L. was notified by the Chilean Consul in Los
Angeles, California, USA, "of a decision issued by the Ministry on
April 3 rejecting his request to return to his country";
4. To date, the
Commission has received no reply from the Government of Chile;
5. Article 39 of
the Regulations provides as follows:
facts reported in the petition whose pertinent parts have been
transmitted to the government of the state in reference shall be
presumed to be true if, during the maximum period set by the Commission
under the provisions of Article 31, paragraph 5, the government has not
provided the pertinent information, as long other evidence does not lead
to a different conclusion.
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS,
1. To declare that
the Government of Chile violated Article VIII (right to residence and
movement) of the American Declaration of the Rights and Duties of Man by
ordering the expulsion of Mr. Eugenio Velasco L. from the country.
2. To recommend to
the Government of Chile: a) that it grant Mr. Eugenio Velasco the
permits necessary to return to his country and b) that it inform the
Commission within 60 days as to the measures taken to put these
recommendations into practice.
3. To communicate
this resolution to the Government of Chile and to the claimant.
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
Regulations of the Commission, if the Government of adopt the stated
recommendations within the deadline indicated above.