APPENDIX VIII

RESOLUTION (CASE 1742)

WHEREAS:

By communication of April 10, 1972, acts are denounced allegedly in violation of the right to residence and movement, set forth in Article VIII of the American Declaration of the Rights and Duties of Man, imputable to the Government of Cuba and claiming as victims numerous foreigners in that country who are being prevented or delayed in leaving Cuba.

By communication of April 28 of the same year, the following was specifically denounced:

“My brother Alberto Castillo, my nephew Arturo Castillo, his wife and four children were among the first group who applied for repatriation as recorded in the Swiss Embassy in Havana. Furthermore, my nephew completed the necessary requirements and arrangements to send his eldest son without delay to the States by way of Spain about six years ago. The funds covering all expenses were sent to Cuba, and that was the end of our transactions. We never heard what happened to the cheque.

“The names and nationalities of the persons who are subject to your claim:

“Alberto Castillo (my brother). Born in West Florida (over 70 years of age) always lived in the United States where he was educated. Attended school in Key West, Atlanta and Montreal, Canada. Traveled to Cuba for pleasure.

“Arturo Castillo (my nephew). Son of my brother, Arturo Castillo, M.D. (Also American born). This nephew happened to be born in Cuba but legally adopted his father’s American citizenship. His four children were born in Cuba but since they are too young no legal action has been taken to legalize their American citizenship.

“The reasons given by the Government of Cuba in not permitting them to leave Cuba:

“They frequently visit the Swiss Embassy in Havana to inquire when they are scheduled to leave and the only reply they receive is that the Cuban government has not as yet authorized their departure.”

In exercise of the authority granted it by Article 9 (bis) of its Statute, the Commission requested the Government of Cuba, by notes of November 1, 1972, and December 17, 1974, to provide the appropriate information and transmitted to it, at the same time, the pertinent parts of the aforementioned communications, in the manner established in Articles 42 (1) and 44 of its Regulations.

Article 51 of the Regulations reads as follows:

“1. The occurrence of the events on which information has been requested will be presumed to be confirmed if the government referred to has not supplied such information within 180 days of the request, provided always, that the invalidity of the events denounced is not shown by other elements of proof.

“2. The Commission may make an extension to the term of 180 days in cases in which it find it justified.”

In view of the systematic silence of the present government of Cuba in the face of the numerous communications received from the Commission, it would serve no practical purpose to make the type of recommendations envisaged in Articles 9 b and 9 (bis) b of the Statute. However, this does not prevent the Commission from making known its considered opinion on the allegations to the General Assembly of the Organization of American States.

Neither the formulation of observations nor, in general, the competence of the Commission to take cognizance of denunciations regarding violations of human rights committed in the territory of Cuba is barred by the measures adopted by the Organization of American States with respect to the present government of that country, since that government has not denounced the Charter of the Organization, provided for in Article 148 of the Charter, for which reason it is the duty of the Commission to continue to take cognizance of these denunciations.

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

RESOLVES:

1. To presume the confirmation of the occurrence of allegations contained in the communication of April 10, 1972, in application of Article 51 of the Regulations.

2. To include this resolution in the Annual Report that the Commission presents to the General Assembly of the Organization (Article 9 (bis) c of its Statute) making known that the allegations in communication 1742 constitute a serious and repeated case of the violation of the rights to justice and protection against arbitrary arrest set forth in Articles VIII and XXV of the American Declaration of the Rights and Duties of Man.

3. To transmit this resolution to the Government of Cuba and to the claimants.