(IPYS/IFEX) – On 22 March 2001, outspoken Senator Francisco Javier Errázuriz initiated yet another legal action against journalists and executives of the daily “El Metropolitano”. The newspaper is already facing a complaint filed by Errázuriz, for allegedly having violated Article 6 (b) of the State Security Law (Ley de Seguridad Interior del Estado, LSIE) (see […]
(IPYS/IFEX) – On 22 March 2001, outspoken Senator Francisco Javier Errázuriz initiated yet another legal action against journalists and executives of the daily “El Metropolitano”. The newspaper is already facing a complaint filed by Errázuriz, for allegedly having violated Article 6 (b) of the State Security Law (Ley de Seguridad Interior del Estado, LSIE) (see IFEX alerts of 9 and 6 April, 20 March and 22 February 2001). This time, the daily is accused of insult and libel, considered offences under the Penal Code.
This latest legal action was filed at the same time as the governmental executive is a few days away from proclaiming the Press Law, which would repeal Article 6 (b) of the LSIE. Under this article, defaming the authorities is considered a crime against public order. Were this article to be repealed, pending cases against “El Metropolitano”‘s staff would become void.
Javier Urrutia, business editor for the newspaper and one of the defendants named in both cases, informed IPYS that “some weeks ago, (Errázuriz), aware that this was going to happen, filed a complaint for insult and libel with the Third Criminal Court. He wants to keep the lawsuit active.”
The persons named in this case are the same as those who were accused by Errázuriz in the case where he invoked the LSIE, namely, Enrique Alvarado, director; Mireya Muñoz, photojournalist; Urrutia, business editor; Patricio Ulloa, president, and Pablo Valdés, who was a member of the Editorial Board.
Urrutia noted that this latest legal action was filed as the result of “reports we have published on [Errázuriz’s] business dealings and the way in which he administers them.”
At the beginning of April, the litigating parties received a summons to appear before the judge in a meeting, held in order for them to reach a mutually agreeable solution. However, the two sides failed to come to an agreement because, as Urrutia explained, Errázuriz’s lawyers offered to put a stop to this latest legal action only if “we were to publish on the front page that we refute and retract everything we had previously written. But what we published is true. We are not going to deny it.”
The editor noted that he has no problem with Errázuriz wanting to voice his opinion, “but I cannot accept that he presents his opinion as being more important than what the facts tell me. And I am not going to give him the space he is demanding just because he is a senator. The opportunity to make his opinion known is always available to him, but if he refuses to do so or tries to impose conditions, then he is going to lose that right.”
Urrutia, who is also a lawyer, voiced his criticism of this latest case, noting that “Errázuriz has cited the same newspaper articles he cited in the case invoking the LSIE. This is absurd, you cannot file two separate legal actions for the same incident. He mentions some previously published reports so he can have a pretext to file a complaint, but in actual fact at least part of this latest case should be thrown out, as the matter in question is already before another court.”
To date, both processes are pending.
Recommended Action
Send letters of support to:
Enrique Alvarado
Director, “El Metropolitano”
Javier Urrutia
Business Editor, “El Metropolitano”
Mireya Muñoz
Photojournalist, “El Metropolitano”
E-mail: diario@elmetropolitano.cl
Send appeals expressing your concern to:
Francisco Javier Errázuriz
Senator of the Republic
Tel: +56 32 504 000, extension 4483
Fax: +56 32 239 883
E-mail: ferrazu@senado.cl
Send appeals to the minister secretary general:
– calling for a speedy modification of all Chilean laws that violate freedom of expression
Appeals To
APPEALS TO:
Claudio Huepe García
Minister Secretary General of the Government
E-mail: webmaster@segegob.cl
Please copy appeals to the source if possible.
