Chile’s supreme court of appeals has temporarily suspended the exile sentence imposed upon an ex-militant of the Movimiento de Izquierda Revolucionaria (MIR). Hugo Marchant was detained in 1973 for distributing leaflets containing anti-Pinochet propaganda and later became a member of the (MIR) while in exile. Marchant entered Chile clandestinely in 1980 as part of a guerilla group opposing Pinochet’s dictatorship.

Accused of involvement in the killing of Santiago General Carol Urzúa Ibáñez, Marchant and his family were arrested and tortured by Centro Nacional de Intelligencia (CNI) agents. Following nine years of imprisonment, Marchant’s sentence was commuted to exile during Patricio Aylwin’s presidency. Founded in 1965 by left-wing students, MIR quickly established support in Santiago, especially from working class neighborhoods. MIR supported Salvador Allende; however the group expected more radical social reforms. nevertheless, prior to the military coup, MIR began contacting junior officers within the army, urging them to support the civilian elected government. With Allende overthrown by Pinochet’s military dictatorship in 1973, MIR were targeted and thousands of members, including the leaders, were arrested and killed, with those surviving the clampdown fleeing from Chile.

Marchant’s previous attempts to enter Chile were quickly repudiated by the Chilean authorities. Now nearing the end of his first exile sentence, Marchant’s renewed attempt to enter Chile brought about a legal triumph. Upon presenting his passport, Marchant found himself detained by the police and subsequently deported to Buenos Aires, where he awaited the final decision of Chile’s supreme court of appeals. Echoing Marchant’s adamant opinion that legalities were in his favour, the judiciary declared the temporary lifting of the exile, granting Marchant fifteen days, starting on December 29, 2011 at 9:30am, to visit Chile and be reunited with his family.

The appeal has garnered a lot of media attention as well as support from human rights and activists groups. It is estimated that between 1500 – 2000 MIR militants have been killed, exiled or disappeared by the Pinochet dictatorship. A few ex-militants remain exiled; their sentences will be nearing completion between 2012 and 2014.

The supreme court declared that Chile had transgressed the 1993-1994 American Convention of Human Rights (Article 22:5) and the Pact of Civil and Political Rights (Article 12:4) which specifically states that no one can be banished from national territory and no one can arbitrarily prevent anyone from re entering one’s own country.