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RESOLUTION Nº 24/82 EXILES CHILE March
8, 1982 BACKGROUND:
1. The
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
completed. 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
Declaration. 6. These
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. THE
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
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
appropriate purposes. 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. Note:
Dr. Bertrand Galindo withdrew from hearing and ruling on this case. APPENDIX
TO THE RESOLUTION OF CHILEAN EXILES The
Commission has the names of many persons who have been forced into exile
regarding whom the IACHR has adopted a resolution at the appropriate
time. Therefore
the following list does not include that large number of persons No
NAME
CASE No 01
ALEITE,
Fernando
3421 02
ALEGRIA, Alvaro
Julio
7495 03
ALMONACID
PRADO, Ovidio
3417 04
ALVAREZ ROJAS,
Graciela
7495 05
BARAHONA MUÑOZ,
Luis Hernán
3420 06
BENITEZ
CASTILLO, Julio
7520 07
BENAVENTE
PAULUS, Mario
7495 08
BITAR CH,
Sergio
7495 09
BRIONES, Carlos
7879 10
BRODSKY
BERNSTEIN, Moisés
7495 11
CANTUARIAS,
Orlando
7880 12
CASTILLO
VELASCO, Jaime
7878 13
CHORNIK
ABERLUCH, Boris
7495 14
COPPOLA
OYARZUN, Salvattori
3433 15
CUETO ROMAN,
Patricio Cristobal Lautaro
7456 16
DELANO DE LA
CRUZ, Arturo
7495 17
DUVAUCHELLA, Héctor
7495 18
ESPEJO BRAIN,
Patricia
7495 19
FUENTEALBA
MOENA, Renán
7495 20
GARCIA VIEJO,
Cecilia
7495 21
GREGORIO DE LAS
HERAS, Sara
7495 22
GUILLEN GRAF,
Nora
7495 23
HENRIQUEZ
ACEVEDO, Luis
7495 24
HERRERA H.,
Fidelia
3374 25
HUEPE, Claudio
7495 26
JAQUE PEÑA de
BENAVENTE, Nimia
3925 27
JARA ZAMBRANO,
José R.
4122 28
JEREZ, Alberto
7881 29
JORQUERA
TOLOSA, Carlos
7495 30
LAGOS REYES,
Carlos Edgardo
3914 31
LAGOS AGUIRRE,
Edgardo Javier
3914 32
LAZO CARRERA,
Carmen
7495 33
MARTINEZ
QUEZADA, Jorge Domingo 7774 34
MEDRANO ZABALA,
Gustavo
7495 35
MORIS, Maria
Concepción
4122 36
MOYA, Oscar
4090 37
NOVOA MONREAL,
Eduardo
7480 38
OTTONE
FERNANDEZ, Ernesto
5712 39
PIZARRO ROMERO,
Ana
7495 40
POLLIER BUSTOS,
Alejandro
7495 41
RIVERA BRAVO,
Osvaldo
7495 42
RODRIGUEZ
ARENAS, Aniceto
7495 43
RODRIGUEZ
CORTES, Nelson
3888 44
SEPULVEDA,
Sergio Antonio
7697 45
SOTO
RESPALDIZA, Luis
7495 46
TAUFIC
KALAFATOVIC, Camilo
7495 47
VALDERRAMA
RIOS, Julio
3977 48
VERA PAULO,
Guillermo y familia
7091 49
VICIANI ESCKER,
Orel
7495 50
ZALDIVAR, Andrés
7516
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