Case 3444

CHILE

BACKGROUND:

1.          In a communication of October 10, 1978, a denunciation was filed that the Chilean authorities had denied the request of Sergio Insunza Becker to return to his homeland.

2.          In a note of November 14, 1978, the Commission transmitted to the Government of Chile the pertinent parts of the denunciation, and asked it to provide information on the denunciation.

3.          In a note of January 24, 1979, the Government of Chile informed the Commission that the request of Sergio Insunza Becker to return to Chile has been denied, “because it was not appropriate to the national security needs.”

WHEREAS:

1.          The pertinent requirements set forth in Articles 9, 9 (bis) and 10 of the Statute of the Commission and other corresponding regulations of the Statute and of the Regulations have been fulfilled;

2.          Article VIII of the American Declaration of the Rights and Duties of Man state: “Every person has the right to fix his residence within the territory 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 has clearly been 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. Samuel Insunza Becker 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 this recommendation into practice.

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