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Case 3411 CHILE
BACKGROUND: 1. In a
communication dated October 2, 1978, there was a denunciation that the
Chilean authorities had denied Mr. Manuel Fernando Ostornol Fernández’s
request to return to his homeland; 2. In a note of
October 26, 1978, the Commission transmitted the pertinent parts of the
denunciation to the Government of Chile, and asked it to provide
information on the denunciation; 3. In a note of
January 24, 1979, the Government of Chile reported to the Commission
that the request by Manuel Fernando Ostornol Fernández to return to
Chile had been denied “because it was not appropriate to national
security needs.” WHEREAS: 1. The pertinent
requirements set forth in Articles 9 (bis) and 10 of the Statute of the
Commission and other corresponding regulations of the Statute and the
Regulations have been fulfilled; 2. Article VIII of
the American Declaration of the Rights and Duties of Man states:
“Every person has the 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. The Government
of Chile admits in its note of January 24, 1979 that this right was
clearly denied. THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES: 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. 2. To recommend to
the Government: a) that Mr. Manuel Fernando Ostornol Fernández be
granted the necessary permits to return to his country and b) that it
inform the Commission within 60 days as to the measures taken to put
into practice this recommendation. 3. To communicate
this Resolution to the Government of Chile and to the complainant. 4. To include this
Resolution in the Annual Report of the Commission to the General
Assembly of the Organization of American States, pursuant to 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. (Approved
at the 608th meeting of March 6, 1979 (46th
Session) and transmitted to the Government of Chile on May 1, 1979).
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