FINAL DECISIONS A. Decisions declaring a communication inadmissible Communication No. 1078/2002 Submitted by: Norma Yurich (not represented by counsel) Alleged victim: The author and her daughter, Jacqueline Drouilly Yurich State party: Chile Declared inadmissible: 2 November 2005 Subject matter: Enforced disappearance of the author’s daughter then. Jacqueline Drouilly and her husband, who was himself arrested the following day, were members of the Movimiento de Izquierda Revolucionaria (MIR). Procedural issues: Inadmissibility ratione temporis; non-exhaustion of domestic remedies 2.2 Two days later the same individuals went back to the house together with Marcelo Salinas, who was handcuffed, and took away various items belonging to the couple. A few days later, two men in plain clothes who identified themselves as military intelligence officers, came to the house and took away clothing, supposedly for the couple. Substantive issues: In respect of the author, violation of the right to physical safety and family life; in respect of her daughter, violation inter alia of the right to life and denial of justice Articles of the Covenant: 5; 6, paras. 1 and 3; 7; 9, paras. 1 to 4; 10, paras. 1 and 2; 12, para. 4; 13; 14, paras. 1 to 3 and 5; 16; 17, paras. 1 and 2; 18, para. 1; and 26 2.3 The author annexes copies of the testimony of two individuals who state that they were detained in late October and early November 1974 in a DINA detention centre in the calle José Domingo Cañas, in the municipality of Ñuñoa, Santiago. They also state that Jacqueline Drouilly and her husband were being held there and being subjected to torture, and that they were all transferred on or around 10 November 1974 to the Cuatro Alamos detention centre. Articles of the Optional Protocol: 1 and 5, para. 2 (b) 1.1 The author of the communication is Ms. Norma Yurich, a Chilean national, who submits it on her own behalf and that of her missing daughter, Jacqueline Drouilly Yurich, a student, born in 1949. She alleges violations by Chile of articles 5; 6, paragraphs 1 and 3; 7; 9, paragraphs 1 to 4; 10, paragraphs 1 and 2; 12, paragraph 4; 13; 14, paragraphs 1 to 3 and 5; 16; 17, paragraphs 1 and 2; 18, paragraph 1; and 26 of the Covenant. The author is not represented by counsel. 2.4 The author also provides a statement made on 16 August 1999 by a person who had been arrested in November 1974 by DINA agents, and who claims to have spent a period of detention in the Cuatro Alamos detention centre (Vicuña Mackenna and Departamental sector) in Santiago. During that period, between November and December 1974, this person shared a cell with Jacqueline Drouilly and testifies to having seen the author and her husband being taken out of their cells by DINA agents one night in late December 1974; the person never saw them again. Other witnesses stated that they saw Jacqueline Drouilly after 20 November 1974 in the detention centre known as the Villa Grimaldi, after which she was said to have returned to Cuatro Alamos. 1.2 The International Covenant on Civil and Political Rights entered into force for the State party on 23 March 1976, and the Optional Protocol on 28 August 1992. The facts as presented by the author 2.1 According to the author, on 30 October 1974 eight individuals, armed and dressed in plain clothes, who identified themselves verbally as agents of the National Intelligence Directorate (DINA), came to the house of the sister of Marcelo Salinas, the husband of Jacqueline Drouilly, in Santiago, and asked her where Salinas lived. The agents then went to Marcelo Salinas’ home and, on discovering that he was not there, arrested Jacqueline Drouilly, who was pregnant at the time. She has been missing since 2.5 On 11 November 1974 the author filed an application for amparo with the Santiago Appeal Court (case No. 1390). On 29 November 1974 the Court declared the case out of order and referred it to the 11th Criminal Court for investigation. 3