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 608^th meeting of March 6, 1979 (46^th Session) and transmitted to the Government of Chile on May 1, 1979).