Final ruling recognises right to access information

(IPYS/IFEX) – On 11 December 2001, the Fourth Chamber of the Santiago Appeals Court ruled in favour of a writ of habeas corpus on the right to access information filed by the non-governmental organisation Terram against the National Forestry Corporation (Corporación Nacional Forestal, CONAF). CONAF is an Agriculture Ministry agency in charge of, among other […]

(IPYS/IFEX) – On 11 December 2001, the Fourth Chamber of the Santiago Appeals Court ruled in favour of a writ of habeas corpus on the right to access information filed by the non-governmental organisation Terram against the National Forestry Corporation (Corporación Nacional Forestal, CONAF). CONAF is an Agriculture Ministry agency in charge of, among other things, overseeing all matters pertaining to forestry management.

The Santiago tribunal upheld the first instance court’s 12 June 2001 ruling, adding a statement indicating that “CONAF’s failure to provide Fundación Terram with the requested information interfered with the public’s legitimate right to oversee state employees, as the matter in question is of public interest”.

In accordance with the Administrative Integrity Law (Ley de Probidad Administrativa), which allows for a writ of habeas corpus on access to information, the case is now closed. The law establishes that the Appeals Court is the highest tribunal that can determine the outcome of such cases.

The tribunal’s ruling upholds the first instance court’s sentence, in effect obliging the defendant “to provide the plaintiff with the information requested (…) within ten days of being notified of this ruling, and incur any costs”.

Rosario Vial, head of Terram’s legal team, told IPYS that the most important aspect of the ruling is that “it sets out in a positive light civil society’s necessary role as overseer.” She also noted that CONAF had already provided Terram with the information that it had originally refused to hand over and which prompted the presentation of the writ of habeas corpus for information.

Recommended Action

Marcel Claude Reyes
Fundación Terram Director
Fax: +56 2 264 2514
E-mail: info@terram.cl
Internet: www.terram.cl

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