(IPYS/IFEX) – On 20 March 2001, the daily “El Metropolitano” filed a complaint with the Inter-American Commission on Human Rights (IACHR) alleging that Chile had violated the right to freedom of expression. This right is consecrated in the San José Pact, to which Chile has been a signatory since 1990. The legal action was brought […]
(IPYS/IFEX) – On 20 March 2001, the daily “El Metropolitano” filed a complaint with the Inter-American Commission on Human Rights (IACHR) alleging that Chile had violated the right to freedom of expression. This right is consecrated in the San José Pact, to which Chile has been a signatory since 1990.
The legal action was brought forth by Patricio Ulloa and Enrique Alvarado, the daily’s president and director respectively, following a complaint for insult and libel filed by outspoken Senator Francisco Javier Errázuriz. Errázuriz invoked Article 6 (b) of the State Security Law (Ley de Seguridad Interior del Estado, LSIE), according to which such misdemeanors are deemed crimes against public order.
Errázuriz initiated legal action against Alvarado, the newspaper’s business editor, Javier Urrutia, and photojournalist Mireya Muñoz.
The affected parties accuse Chile of having violated their right to freedom of thought and expression, for being subject to legislation which prohibits them from publishing information on the authorities. They are also asking for the right to be heard by the appropriate tribunal. Thus far, their case has been heard by a minister of the Appeals Court and not an ordinary tribunals judge.
Furthermore, they are calling for equal treatment of all before the law, since the LSIE violates this principle by establishing that some citizens, in this case the authorities, are granted special protection and procedural privileges in comparison with others. Moreover, cases filed under the LSIE follow the legal procedure established by Military Law.
The complaint was filed with the IACHR following Monday 19 March 2001, when the individuals being accused by Errázuriz testified for the first time before the judge presiding over the investigation, Sonia Araneda, minister of the Santiago Court of Appeals.
Due to a computing error, the journalists were not questioned in the Palace of Tribunals, as should have occurred given the type of crime and the fact that Araneda is in charge of the case. Instead they testified before the Santiago Third Criminal Court. Alvarado, Urrutia and Muñoz were taken out of a back door by the court’s officials so that they would not be seen by members of the press who are usually covering events at the Tribunals.
Unlike what has occurred with similar cases, unfortunately on this occasion the invocation of the LSIE’s Article 6 (b) did not cause much of a stir. It should be noted that there exists a highly concentrated press ownership market, dominated by “El Mercurio” and its national newspaper chain. Two years ago, when “El Metropolitano” first appeared, its presence was not welcomed and it was impeded from joining the National Press Association (Asociacion Nacional de la Prensa).
In contrast, international concern over the seriousness of the case being faced by “El Metropolitano”‘s employees is exhibited by the fact that, instead of a tourist visa, the United States granted Alvarado a working visa valid from 15 March 2001 to 15 March 2006, so that he could file his complaint with the IACHR.
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, ext. 4483
Fax: +56 32 239 883
E-mail: ferrazu@senado.cl
Sonia Araneda
Judge of the Santiago Appeals Court
Tribunales de Justicia, Plaza Montt Varas s/n
Santiago de Chile
Tel: +56 2 671 5667
Send letters in support of the case filed with the IACHR to:
Jorge Taiana
Executive Secretary
Inter-American Commission on Human Rights
E-mail: cidhoea@oas.org
Send appeals to authorities:
– calling for a speedy modification of the laws that violate freedom of expression
Appeals To
APPEALS TO:
Víctor Barrueto
President of the Chamber of Deputees
E-mail: barrueto@congreso.cl
Andrés Zaldívar
President of the Senate
E-mail: zaldivar@congreso.cl
Claudio Huepe García
Minister Secretary General of the Government
E-mail: webmaster@segegob.cl
Please copy appeals to the source if possible.
