(CPJ/IFEX) – The following is a CPJ letter to the President of the Republic of Chile condemning the arrest and indictment of the CEO and the chief editor of Planeta Publishing Company: **Updates IFEX alerts of 17 June, 5 May, 27 April and 15 April 1999** 17 June 1999 His Excellency Eduardo Frei Ruiz-Tagle President […]
(CPJ/IFEX) – The following is a CPJ letter to the President of the Republic
of Chile condemning the arrest and indictment of the CEO and the chief
editor of Planeta Publishing Company:
**Updates IFEX alerts of 17 June, 5 May, 27 April and 15 April 1999**
17 June 1999
His Excellency Eduardo Frei Ruiz-Tagle
President of the Republic of Chile
Palacio de la Moneda
Santiago, CHILE
VIA FACSIMILE
Your Excellency,
The Committee to Protect Journalists (CPJ) is writing to strongly condemn
the arrest and indictment of Bartolo Ortíz, CEO of Planeta Publishing
Company and Carlos Orellana, Chief Editor of Planeta. Ortíz and Orellana
face prosecution under Chile’s State Security Law for publishing “El libro
negro de la justicia chilena”, (The Black Book of Chilean Justice), by
journalist Alejandra Matus.
In a letter sent to you on April 22, 1999, we strongly condemned the
prosecution of Alejandra Matus and the confiscation of her book. As is
well-known, Supreme Court Judge Servando Jordán filed a suit before the
Santiago Appeals Court invoking Article 6b of the State Security Law, which
makes it a crime against public order to insult high authorities. On April
14, Appeals Court Judge Rafael Huerta initiated a prosecution against Matus,
and ordered the seizure of the entire press run of the book. Judge Huerta
issued an arrest warrant for Ortiz and Orellana on June 16, 1999. Although
Huerta set a bail bond for their release, the two publishers spent the night
in jail waiting for the Appeals Court to authorize the bond set by the
judge.
As we stated in our previous letter, CPJ considers these actions a grave
attack on press freedom. They violate Article 19 (12) of Chile’s
Constitution, which guarantees the freedom to express opinions and to
inform, and which prohibits prior censorship. CPJ believes that freedom of
expression as guaranteed by Chile’s Constitution should take precedence over
the State Security Law.
In addition, the State Security Law directly contravenes Article 19 (2) of
Chile’s constitution, which states that there are no privileged persons or
groups in Chile. CPJ is deeply committed to support the work of journalists
who report on abuse of power and corruption in an attempt to make democratic
governments more accountable to their citizens. Chile’s State Security Law
hinders the development of a suitable environment for a free, responsible
and highly ethical press.
Article 19 (4) of the Chilean Constitution guarantees the right to one’s
personal integrity. We strongly believe that freedom of expression should
come with sound legal tools to defend one’s reputation. The State Security
Law does little service to most Chileans as it only protects public
authorities. We believe Justice Jordan, as well as any other Chilean who
feels that he or she has been defamed by the press, should have access to
civil remedies that are compliance with Article 19 (4).
The arrest of the two publishers also violated Article 13 of the American
Convention on Human Rights. As you will recall, this is not the first time
the State Security Law has been used to justify the confiscation of a book.
In Martorell v. Chile (Case 11.230), the Inter-American Commission on Human
Rights held that Chile’s Supreme Court’s 1993 decision banning Francisco
Martorell’s book “Diplomatic Impunity” constituted unwarranted censorship,
in violation of Article 13.
CPJ believes that journalists should have absolute liberty to report and
publish books on government investigations, particularly those in which
public officials are alleged to be involved in wrongdoing. An informed and
robust public debate will inevitably expose government officials to caustic
criticism. By making criticism of public officials a crime against the
state, the State Security Law has a chilling effect on press freedom in
Chile and constitutes a blemish on Chile’s democratic development. We
believe you concur with our views.
We therefore request that you openly state your position on freedom of
expression and on the articles of the State Security Law that currently make
criticism of authorities a crime and permit the seizure of publications. We
believe such a law is a powerful detriment to Chile’s democratic
consolidation and believe the international community should learn of your
government’s position on that matter and of your immediate plans to further
strengthen the exercise the freedom of expression in Chile and to see that
Article 19 (2) effectively guarantees Chilean journalists the right to
report on the actions and possible wrongdoing of high government officials.
Sincerely,
Ann K. Cooper
Executive Director
CC Carlos Montes Cisternas, President of the Chamber of Deputies
María Soledad Alvear Valenzuela, Minister of Justice
Roberto Dávila, President of the Supreme Court
Genaro Arriagada, Chilean Ambassador to the US
John O’Leary, US Ambassador to the Republic of Chile
Santiago A. Canton, Special Rapporteur for Freedom of Expression
(OAS)
Asociacion de Abogados por las Libertades Públicas
Asociacion Nacional de la Prensa
Clínica Jurídica de Interés Público de la Universidad Diego Portales
Colegio de Periodistas
American Newspaper Publisher Association
American Society of Newspaper Editors
Amnesty International
Article 19 (United Kingdom)
Artikel 19 (The Netherlands)
Canadian Journalists for Free Expression
Congressional Committee to Support Writers and Journalists
Council on Hemispheric Affairs
Freedom Forum
Freedom House
Human Rights Watch
Index on Censorship
Inter American Press Association
International Association of Broadcasting
International Center for Journalists
International Federation of Journalists
International Federation of Newspaper Publishers
International Journalism Institute
International PEN
International Press Institute
Lawyers Committee for Human Rights
National Association of Black Journalists
National Press Club
Newspaper Association of America
The Newspaper Guild
North American National Broadcasters Association
Reporters Sans Frontières
Overseas Press Club
The Society of Professional Journalists
World Press Freedom Committee
Recommended Action
Similar appeals can be sent to:
Appeals To
His Excellency Eduardo Frei Ruiz-Tagle
President of the Republic of Chile
Palacio de la Moneda
Santiago, Chile
Fax: +562 698 4656
Email: webmaster@presidencia.cl
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