1. In a
communication of October 17, 1978, a denunciation was filed that the
Chilean authorities had denied the request of Hector Valeria Labrana to
return to his homeland.
2. In a note of
November 24, 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 Hector Valeria Labrana to return to Chile had been
denied, because it was not appropriate to the national security
1. The pertinent
requirement 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 states:
“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,
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, RESOLVES:
1. To declare that
the Government of Chile violated (Article VIII) right of residence and
movement of the American Declaration of the Rights and Duties of Man.
2. To recommend to
the Government: a) that Mr. Hector Valeria Labrana be granted the
necessary permits to return to his country, and b) that it inform the
Commission within 60 days as to 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
at the 608th meeting of March 6, 1979 (46th
Session), and transmitted to the Government of Chile on May 1st,