(IPYS/IFEX) – On 15 January 2002, Santiago Court of Appeals Judge Juan Manuel Muñoz decided to accept the action launched against businessman Eduardo Yáñez for the crime of insult and ordered that he be detained immediately. Yáñez could be sentenced to up to five years and one day in prison. Yáñez was a panelist on […]
(IPYS/IFEX) – On 15 January 2002, Santiago Court of Appeals Judge Juan Manuel Muñoz decided to accept the action launched against businessman Eduardo Yáñez for the crime of insult and ordered that he be detained immediately. Yáñez could be sentenced to up to five years and one day in prison.
Yáñez was a panelist on the 28 November 2001 episode of the debating programme “El Termometro” (“The Thermometer”), broadcast on the Chilevision television station. The Eva Sánchez case was discussed during the episode. Sánchez was released from prison following a three-year detention, after it was proven that she had been unjustly charged with her son’s murder.
Referring to the judicial error, Yáñez stated that the justice system was “immoral, cowardly and corrupt” and that it had furthermore shown a “lack of manhood” by not apologising to the young woman. After analysing the panelist’s statements, the Supreme Court Plenary decided to launch legal proceedings.
The charge was filed in accordance with Article 26 of the State Security Law (Ley de Seguridad Interior del Estado, LSIE), which grants the Supreme Court chair the power to launch an action on behalf of the court. In a precedent setting case, former president Hernán Álvarez invoked Articles 263 and 264 of the Criminal Code, which established that insult and contempt against the authorities was a crime.
Yáñez has repeatedly asked for an appointment with Court Chair Mario Garrido Montt to apologise for his statements. However, thus far he has not received a response. At the same time, Yáñez has told the media that “he never intended to offend the Supreme Court or its chair.”
According to information on the Internet site emol.cl, Yáñez’s lawyers stated that they would ask for their client’s conditional release, and expected a decision on this within the next few days. In addition, on Monday 14 January they filed an appeal claiming that due process as guaranteed by the Constitution had not been followed, as the individual who is investigating the complaint is one of the plaintiff’s subordinates.
Furthermore, Yáñez’s defence has filed a motion to have the cause stayed, arguing that no crime was committed. A transcript of the television programme video recording revealed that Yáñez’s statements were incorrectly noted in the evidence included in his file.
In an interview published in the 13 January edition of “El Mercurio” newspaper, Yáñez was asked whether he believed that the Chilean justice system was corrupt. He responded that “when Hernán Álvarez was Supreme Court chair he told one of the media outlets that the practice of using influence was strongly rooted in the Chilean justice system. Lawyers College (Colegio de Abogados) President Sergio Urrejola had declared that in Chile trials are for sale and the rapporteurs [officials who, under the Chilean criminal system, are in charge of relating to the judges the details of the case on which they are to rule] and lawyers are part of a mafia. I simply criticised what had been pointed out previously.”
Yáñez has received support from a number of international organisations, including the Inter-American Commission of Human Rights (IACHR), Human Rights Watch and Reporters sans frontières (RSF). As Yáñez told “El Mercurio”, “as a Chilean I am ashamed to have to resort to foreigners so that justice can be served in my country.”
After being informed that he was to be arrested, Yáñez announced that he would start a hunger strike. His lawyers will also look into the possibility of seeking compensation for damages he and his family suffered.
Recommended Action
Send letters of support to:
Eduardo Sánchez
E-mail: eltermometro@chilevision.cl
Send appeals to authorities:
– condemning the case launched against Yáñez for insult
– asking that due process be followed
Appeals To
Hernán Álvarez
Supreme Court Magistrate and former tribunal chair
Plaza Montt Varas, s/n
Santiago, Chile
Fax: +56 2 695 2144
Mario Garrido Montt
Supreme Court Chair
Plaza Montt Varas, s/n
Santiago, Chile
Fax: +56 2 695 2144
Juan Manuel Muñoz
Magistrate of the Court of Appeals Seventh Chamber
In charge of overseeing the Supreme Court’s case for insult and contempt against Yáñez
Tel: +56 2 696 0212, ext. 148
Fax: +56 2 673 0348
Recommended Action
Send appeals to the government’s secretary-general:
– calling for the repeal of all prison sentences for crimes related to the expression of information and opinion
Appeals To
Heraldo Muñoz
Secretary General of the Government
Palacio de La Moneda
Santiago, Chile
Fax: +56 2 699 1657
Please copy appeals to the source if possible.
