(CPJ/IFEX) – The following is a 22 April 1999 CPJ letter to Chilean President Edouardo Frei protesting the prosecution of investigative journalist Alejandra Matus and the confiscation of her book “The Black Book of Chilean Justice”: **Updates IFEX alert of 15 April 1999** April 22, 1999 His Excellency Eduardo Frei Ruiz-Tagle President of the Republic […]
(CPJ/IFEX) – The following is a 22 April 1999 CPJ letter to Chilean
President Edouardo Frei protesting the prosecution of investigative
journalist Alejandra Matus and the confiscation of her book “The Black Book
of Chilean Justice”:
**Updates IFEX alert of 15 April 1999**
April 22, 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 prosecution of investigative journalist Alejandra Matus and the
confiscation of all copies of her book “The Black Book of Chilean Justice.”
Matus’ book, a historical exposé of the Chilean judiciary’s lack of
independence, was launched on April 13. Supreme Court Judge Servando Jordán
subsequently 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. If Matus is convicted, she faces up to five years in
prison.
As an organization of journalists dedicated to the defense of press freedom
worldwide, 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.
They also infringe on the first two paragraphs of Article 13 of the American
Convention on Human Rights, which contain the statements: “Everyone has the
right to freedom of thought and expression. This right includes freedom to
seek, receive, and impart information and ideas of all kinds . . . ” and
“The exercise of the right provided for in the foregoing paragraph shall not
be subject to prior censorship . . .” In Martorell v. Chile (Case 11.230),
the Inter-American Commission on Human Rights held that the Supreme Court’s
1993 decision banning Francisco Martorell’s book “Diplomatic Impunity”
constituted unwarranted censorship, in violation of Article 13.
It is CPJ’s position that journalists should never be jailed for their
journalistic work. A functioning democracy depends on the free exchange of
ideas. Thus, a reporter’s good-faith belief in the accuracy of the
information published should be a sufficient shield against liability. In
instances where a plaintiff can demonstrate malice on the part of a
journalist-in other words, that a journalist knew or should have known at
the time of publication that the information in a story was inaccurate-civil
litigation should provide adequate redress for the aggrieved party.
The criminalization of criticism of public officials constitutes a “contempt
law” (ley de desacato). The Inter-American Commission on Human Rights has
stated that contempt laws violate “the most fundamental principle of a
democratic system, which subjects the government to the scrutiny of
citizens, so that abuse of power can be prevented or controlled.” As part of
the resolution in the case of Verbitsky v. Argentina (case 11.012), the
commission held that contempt statutes violate the freedom of expression
guarantees granted under inter-American law. The commission urged all
countries to work toward their elimination.
CPJ believes that journalists should have absolute liberty to report 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 therefore urge you to use the power of your office to push for the reform
of the articles of the State Security Law that currently make criticism of
authorities a crime and permit the seizure of publications. We are aware
that the Chamber of Deputees has solicited your support in working toward
strengthening Chile’s legal protection for freedom of expression. We urge
you to act on this initiative and to work toward the repeal of the
provisions that violate both national and international law.
Sincerely,
Ann K. Cooper
Executive Director
CC Carlos Montes Cisternas, President of the Chamber of Deputees
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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