Report No. 56 (1981) IACHR. Case No. 5713 (Chile)

• Year: 1981
• Case Number: 5713
• Report Number: 56
• Case Type: Merits
• Court: Inter-American Comission of Human Rights
• Respondent State: Chile
• Alleged Victim: Alberto Texier y María Luz Lemus Arangüiz De Texier

RESOLUTION Nº 56/81 CASE 5713 CHILE October 16, 1981 BACKGROUND: 1. The Inter-American Commission on Human Rights received the following denunciation on December 20, 1979: Alberto T., a Chilean citizen, a metallurgist and professor, is currently in Berlin in the G.D.R., after having been granted asylum in the French Embassy in Santiago and having traveled to France, under diplomatic protection, in N., 1974. His last job, which he held until September 11, 1973, was that of General M. 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 corresponding information. 3. In a communication dated J. 10, 1980, the Government of Chile replied to the Commission's request in the following terms: May I recall that Mr. A.T. and Mrs. M.A. de T.were 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. T. 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. In 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 J. 16, 1980, and he was invited to make observations on the reply. 5. In a letter of M. 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 M. 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". WHEREAS: 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 T. and his wife, M.M.L.L.A. de T. have unsuccessfully reiterated their request to enter the country, prior to the Government's note of J. 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...