Court confirms that television panelist should face charges under “insult” law

(PERIODISTAS/IFEX) – On 29 October 2002, the Santiago Appeals Court’s Third Chamber confirmed that Eduardo Yáñez should face charges for “insult” (“desacato”) under the Criminal Code. Yáñez, a regular panelist on Chilevision’s television programme “El Termometro”, is accused of having insulted the judiciary. The ruling upholds the decision of Judge Juan Manuel Muñoz, who initiated […]

(PERIODISTAS/IFEX) – On 29 October 2002, the Santiago Appeals Court’s Third Chamber confirmed that Eduardo Yáñez should face charges for “insult” (“desacato”) under the Criminal Code. Yáñez, a regular panelist on Chilevision’s television programme “El Termometro”, is accused of having insulted the judiciary. The ruling upholds the decision of Judge Juan Manuel Muñoz, who initiated proceedings against Yáñez on 14 January.

During a 27 November 2001 broadcast of “El Termometro”, Yáñez stated that the justice system was “immoral, cowardly and corrupt.” He was referring to the case of a woman who was accused of murder, detained for three years and then released after the case was thrown out because of errors committed in the judicial process. Yáñez felt that the woman deserved an apology from the courts for the damage she had suffered.

One of the judges overseeing the appeal, Judge Haroldo Brito, felt that Yáñez had not intended to show disrespect and that his statements were made as part of “an evidently critical evaluation of a governmental office’s operation.” However, he was outvoted by Judges Gabriela Pérez Paredes and Luis Orlandini, who felt the case against the panelist should proceed.

Yáñez is facing charges under Articles 263 and 264 of the Criminal Code, which refer to the crime of “insult” (“desacato”) in a manner reminiscent of Article 6 b of the State Security Law (Ley de Seguridad Interior del Estado, LSIE). The article in question, one of the most anachronistic legal provisions in the Chilean legal system, was repealed in April 2001 (see IFEX alerts of 30 and 28 May, 25, 23, 19, 17 and 6 April, 20 and 15 March, 22 and 15 February 2001 and others).

Within the month, President Ricardo Lagos is expected to bring to Parliament a bill aimed at definitively eliminating the concept of “insult” from Chilean legislation (see IFEX alerts of 11 September, 23 July and 8 May 2002). If approved, the reform would bring the country’s Penal Code further in line with international legal principles and allow Chile to fulfill its commitments under international human rights treaties that it has ratified. Moreover, in terms of the Yáñez case, such a reform would prevent the courts from violating the American Convention on Human Rights.

Recommended Action

Send appeals to the Appeals Court and the Supreme Court:
– stating that applying the concept of “insult” as it is currently espoused in the Penal Code would violate Article 13 of the American Convention on Human Rights, which has been ratified by Chile

Appeals To

Santiago Appeals Court
Santiago, Chile
Fax: +56 2 673 0348

Mario Garrido Montt
Supreme Court Chair
Santiago, Chile
Fax: + 56 2 695 2144

Please copy appeals to the source if possible.