State Defence Council president files charges against newspaper for insult

(IPYS/IFEX) – On 20 December 2001, the Internet news site “El Mostrador” reported that lawyer Clara Szczaranski, president of the State Defence Council (Consejo de Defensa del Estado, CDE), filed a case for insult against “El Mercurio” and the newspaper’s editorial team. Szczaranski was reacting to what she sees as a concerted effort by the […]

(IPYS/IFEX) – On 20 December 2001, the Internet news site “El Mostrador” reported that lawyer Clara Szczaranski, president of the State Defence Council (Consejo de Defensa del Estado, CDE), filed a case for insult against “El Mercurio” and the newspaper’s editorial team. Szczaranski was reacting to what she sees as a concerted effort by the newspaper to insult and discredit her.

According to “El Mostrador”, Szczaranski filed a complaint against Juan Pablo Illanes, the newspaper’s editor-in-chief and a senior member of the Chilean press, for deeply insulting her via the media. This crime is punishable under the Criminal Code and the Law on Freedom of Opinion and Information and the Exercise of Journalism, most commonly known as the Press Law.

The complaint was filed following a 28 November editorial in “El Mercurio”, which comments on the CDE president’s conduct while in the post.

In her complaint, Szczaranski responds to each of the statements in the “El Mercurio” editorial she found insulting. For example, in response to “El Mercurio”‘s statement that “[Szczaranski’s] suitability and dedication to the post is in question,” the lawyer responded that this “can only be judged by the CDE, and that, by making this statement, the newspaper is suggesting that she is not suitable nor dedicated enough to carry out her functions.”

In another part of the complaint, as reported by “El Mostrador”, the CDE president notes that “‘El Mercurio’ points to: … ‘serious errors in the [complaint brought] against the Aero Continente owners and executive’ and ‘…an accumulation of mistakes that have damaged the CDE’s reputation'”. In response, Szczaranski argues that the newspaper is attributing “the case [against Aero Continente] and the tribunal’s legal resolutions on this matter to her personally.” As Szczaranski outlines in her complaint, “El Mercurio” has alleged that “in the case brought against Aero Continente for money laundering, I have acted in a nonsensical, inopportune, erroneous and professionally ignorant manner.”

In addition, Szczaranski defends herself against “El Mercurio”‘s accusation that her actions had somehow compromised Chile’s president, when he is solely her superior.

In Szczaranski’s opinion, she is portrayed in “El Mercurio”‘s editorial as “cowardly, cynical, acquiescent, unscrupulous, selfish and self-centered, in addition to any number of other negative characteristics … [the newspaper] is suggesting that because of these faults and her lack of values she is putting Chile’s president and the CDE in a compromising position by not resigning from her post as this office’s president, and is taking advantage of the incredible inaction that protects her.”

In the complaint, Szczaranski asks that all members of “El Mercurio”‘s be summoned so that it can be established who authored the editorial and which individuals are responsible for having committed the alleged crime of insulting her. This request is based on the fact that, depending on the seriousness of the topics in question, the “El Mercurio” editorial team holds daily meetings to decide on the newspaper’s stance on various themes and on the next day’s editorial.

The “El Mercurio” editorial team includes Álvaro Bardon, Hernán Felipe Errázuriz, Francisco José Folch, David Gallagher, Hermogenes Pérez de Arce and Illanes. It remains to be seen which individuals actually participated in the discussion, writing and final editing of the editorial in question.

According to “El Mostrador”‘s report, Szczaranski asserts that the information in the editorial “is far from the truth and is constructing a false reality. She adds that this editorial, together with previous ‘El Mercurio’ editorials, articles and special reports on her and the CDE, cannot but be interpreted as an attempt by the newspaper to turn public opinion against her and indirectly against the CDE.”

The CDE is the office charged with representing and defending the state’s legal interests before tribunals. Among its various functions, it is responsible for investigating allegations of money laundering and drug trafficking.

Recommended Action

Juan Pablo Illanes
Director, “El Mercurio” newspaper
Santiago, Chile
Fax: +56 2 228 9042 / 228 7541
E-mail: redaccion@mercurio.cl

Send appeals to the CDE president:
– condemning the case filed against “El Mercurio” for insult

Appeals To

Please copy appeals to the source if possible.