RESOLUTION Nº 56/81
October 16, 1981
Inter-American Commission on Human Rights received the following
denunciation on December 20, 1979:
Texier, a Chilean citizen, a metallurgist and professor, is currently in
Berlin in the German Democratic Republic, after having been granted
asylum in the French Embassy in Santiago and having traveled to France,
under diplomatic protection, in November, 1974.
last job, which he held until September 11, 1973, was that of General
Manager of the Technical Cooperation Service, an office of the
Production Development Corporation.
2. The Commission
transmitted the pertinent parts of the denunciation, to the Government
of Chile in a note dated February 21, 1980, and asked it to provide the
3. In a
communication dated June 10, 1980, the Government of Chile replied to
the Commission's request in the following terms:
I recall that Mr. Alberto Texier and Mrs. Marta Aranguiz de Texierwere
forbidden to enter the country by Interior Ministry Decree Nº 86, of
6.3.80 and No 93 of 7.3.80, because their presence in the country was
inadvisable for national security needs. This measure was the result of
the active campaign that the claimants have conducted abroad against our
country, about which my Government has been duly informed.
any event, the parties may make use of the procedure for reversal of the
decision in the Ministry of the Interior and may apply to the courts of
justice for a writ of amparo.
4. The pertinent
parts of the government's reply were transmitted to claimant in a letter
of June 16, 1980, and he was invited to make observations on the reply.
5. In a letter of
March 3, 1981, the Commission repeated its request to the claimant that
he make observations, and at the same time asked him for information as
to the use of the procedure for reversal of the decision available in
the Ministry of the Interior and the writ of amparo before the
courts of justice.
6. In a letter
dated March 24, 1981, the claimant made his observations on the
government's reply and informed the Commission that he had presented the
petition "for the purposes indicated to the Government through the
Chilean Consulate accredited in Berlin two years ago, but had never
received any reply to it".
1. The pertinent
requirements established in Article 20 of the Statute of the Commission
and other corresponding rules of the Statute and the Regulations have
been complied with;
2. Mr. Alberto
Texier and his wife, Mrs. Marta Luz Lemus Aranguiz de Texier have
unsuccessfully reiterated their request to enter the country, prior to
the Government's note of June 10, 1980;
3. Article VIII of
the American Declaration of the Rights and Duties of Man stipulates
that: "Every person has the right to fix his residence within the
territory of the state of which is a national, to move about freely
within such territory, and not to leave it except by his own will";
4. The Government
of Chile admits in its note of June 10, 1980 to a clear denial of this
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
preventing Mr. Alberto Texler and his wife, Marta Luz Lemus Aranguiz de
Texler from returning to their homeland.
2. To recommend to
the Government a) that it grant Mr. Alberto Texler and his wife, Mrs.
María Luz Lemus Aranguiz de Texler the permits needed to return to
their country, and b) that it inform the Commission within 60 days as to
the measures taken to put this recommendation into practice.
3. To communicate
this resolution to the Government of Chile and to the claimant in light
of Article 50.2 of the Regulations of the Commission, for all pertinent
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 Chile does not adopt
the stated recommendations within the abovementioned time period.