Detention order against journalist upheld despite case’s closure

(IPYS/IFEX) – The Chilean courts finally closed the case against Chilean journalist Alejandra Matus, author of “El Libro Negro de la Justicia Chilena” (The Black Book of Chilean Justice). Matus had to seek political asylum in the United States in 1999 after Supreme Court Minister Servando Jordán filed a suit against her for violating Article […]

(IPYS/IFEX) – The Chilean courts finally closed the case against Chilean journalist Alejandra Matus, author of “El Libro Negro de la Justicia Chilena” (The Black Book of Chilean Justice). Matus had to seek political asylum in the United States in 1999 after Supreme Court Minister Servando Jordán filed a suit against her for violating Article 6(b) of the State Security Law (Ley de Seguridad Interior del Estado).

Under this legal provision, insulting and libeling high level officials was considered a crime against the public order.

Rubén Ballesteros, the judge who has been presiding over the case ever since Jaime Rodríguez became the Santiago Appeals Court President, accepted Matus’ appeal. At the beginning of June 2001, Matus’ defense counsel requested that the case against her be stayed based on the new Press Law’s enactment, which repealed the controversial article under which the journalist was prosecuted and in effect eliminated the crime she was charged with.

However, Magistrate Ballesteros upheld the detention order against Matus and the circulation ban on her book until the ruling is “resolute.” Under Chilean law this means that the ruling will only be enforceable once all legal recourse against the dismissal has been exhausted by the other side and the Supreme Court reconfirms the case’s closure.

The journalist was outraged by the contradictory ruling. “It seems absurd that they dismiss the charges against me and uphold the detention order. With regards to the book, the provision which permitted its confiscation has also been repealed, therefore we feel that Ballesteros’ decision has no legal grounds,” stated Matus in a communiqué. Matus told the daily “La Tercera” that upon receiving the news of the final dismissal she began preparing her return to Chile, which she had to suspend after finding out that the detention order against her would be upheld.

Subsequently, on Saturday 30 June, the journalist’s lawyer and brother, Jean Pierre Matus, presented a writ of habeas corpus in Matus’ favour, requesting that the Santiago Appeals Court immediately revoke the detention order against her and return the seized copies of “El Libro Negro de la Justicia Chilena” to her publishers and allow its distribution.

If the plaintiff appeals Ballesteros’ measure, the case could be delayed for a couple of months. Otherwise, the complaint will be heard fairly quickly by a Supreme Court chamber which will rule on the presiding minister’s decision.

Recommended Action

Alejandra Matus
E-mail: innsoftplus@mindspring.com

Send appeals to the Supreme Court president:
– expressing your dismay over Ballesteros’ measure
– calling for a speedy resolution of this matter and a favourable decision for the journalist

Appeals To

Please copy appeals to the source if possible.