(IPYS/IFEX) – On 16 January 2002, businessman and television panelist Eduardo Yáñez was released on bail by the Santiago Appeals Court Third Chamber. A complaint was filed against Yáñez for the crimes of insult and contempt (“desacato”) against the authorities. After paying 100,000 pesos (approx. US$140), Yáñez was released from the Capuchinos prison. He had […]
(IPYS/IFEX) – On 16 January 2002, businessman and television panelist Eduardo Yáñez was released on bail by the Santiago Appeals Court Third Chamber. A complaint was filed against Yáñez for the crimes of insult and contempt (“desacato”) against the authorities.
After paying 100,000 pesos (approx. US$140), Yáñez was released from the Capuchinos prison. He had been detained there since 14 January, after the judge overseeing his case, Juan Muñoz, accepted the complaint filed against him and ordered his detention.
Yáñez still faces legal proceedings though he was released on bail.
Yáñez’s lawyer Roberto Ávila told Canal 13 television station that the next step, “from a legal standpoint, is to argue that it would be unconstitutional to apply the State Security Law (Ley de Seguridad Interior del Estado, LSIE), because it contravenes Article 19 of the constitution.”
Ávila added that his client instructed him to take the case to the Inter-American Court of Human Rights if the proceedings are prolonged.
In a show of support for the businessman, the 14 January episode of the “El Termómetro” programme was filmed outside the prison where Yáñez was held. According to “El Mercurio” newspaper, the Chilean police force known as Carabineros sectioned off the area to prevent any incidents. However, all that was heard were shouts in support of the businessman.
Yáñez went on trial on 16 January after a complaint was filed against him by the Supreme Court in late November 2001. The charge was filed in accordance with Article 26 of the State Security Law (Ley de Seguridad Interior del Estado, LSIE) which grants the Supreme Court chair the power to launch an action on behalf of the court. The Court accused Yáñez of the crimes of insult and contempt against the authorities, as per Articles 263 and 264 of the Criminal Code, after Yáñez harshly criticised the Chilean justice system during a televised debate.
Yáñez has repeatedly asked for a meeting with Supreme Court Chair Mario Garrido to apologise for his statements. However, he has been unsuccessful to date. Garrido informed “El Mercurio” newspaper that Yáñez had not followed the proper procedure to request an appointment. “It is not a matter of intercepting a judge on the street or cornering him and explaining what happened,” the magistrate stated.
Garrido justified the action launched by the court, noting that the Supreme Court is willing to accept harsh criticisms but not insults. “If in the future someone offends the justice system, we will not hesitate to react in a similar manner,” he warned.
Recommended Action
Send letters of support to:
Eduardo Yáñez
E-mail: eltermometro@chilevision.cl
Send appeals to authorities:
– condemning the case against Yáñez for insult
Appeals To
Hernán Álvarez
Supreme Court Magistrate and former tribunal chair
Plaza Montt Varas, s/n
Santiago, Chile
Fax: +56 2 695 2144
Mario Garrido Montt
Supreme Court Chair
Plaza Montt Varas, s/n
Santiago, Chile
Fax: +56 2 695 2144
Juan Manuel Muñoz
Magistrate of the Appeals Court Seventh Chamber
Responsible for overseeing the Supreme Court’s case for insult and contempt against Yáñez
Santiago, Chile
Tel: +56 2 696 0212, ext. 148
Fax: +56 2 673 0348
Send appeals to the government’s secretary-general:
– calling for the repeal of all prison sentences for crimes related to the expression of information and opinion
Appeals To
Heraldo Muñoz
Secretary-General of the Government
Palacio de La Moneda
Santiago, Chile
Fax: +56 2 699 1657
Please copy appeals to the source if possible.
