This legislation includes the State Financial Administration Organic Law (Ley Law regarding the General Norms of the Government (Ley Organica. LEY N° “LEY DE BASES DE LOS PROCEDIMIENTOS ADMINISTRATIVOS QUE RIGEN LOS ACTOS DE LOS ORGANOS DE LA. Banco Central Articulo 1. La Administración del Estado estará constituida por los Ministerios, las Intendencias, las Gobernaciones y.
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Although the council was made up of eleven chiile, attendance was very sparse. In JuneAfani wrote lej series of articles in La Tercera and La Hora about a high-profile investigation being conducted by the Council for the Defense of the State CDE into a drug-trafficking and money-laundering conspiracy, which became known as “Operation Ocean. Government officials, as well as the courts, tend to be suspicious when faced by an inquisitive press and citizen’s groups probing for facts.
Freedom of Expression and the Public Debate in Chile
In Chile, officials still retain a good deal of discretion in deciding to hold information confidential. The CCC has not invoked it in recent years andconsiders it to have been tacitly repealed by the constitutional reform. This makes 185755 case for new legislation on the regulation of cinema overwhelming, since until the laws are changed, and even if the CCC desists from further prohibitions, those it formally decreed are irreversible, placing the state in permanent violation of its treaty obligations not to permit prior censorship.
A new rule, introduced in required that the reasons for a ban be made public. Since the publication of our report on freedom of expression in Chile, the government has taken some important steps to promote the right of access to information possessed by public institutions, such as government ministries, public agencies, and companies whose activities affect the public interest.
Police searched her home and her work-station in La Tercera ‘s Santiago office but they left empty-handed. Allard intervened on this occasion, too, to get the decision reversed. If Christ is a person invested with legal rights, does he also have legal obligations? Chlle is why the State is obliged to take measures.
Certain types of spectacle are equivalent to a kind of moral lwy against good customs. Point 3 of the declaration stated: The Last Temptation verdict has two other disturbing implications.
In AprilPresident Frei established a Commission on Public Ethics, composed of important political figures, jurists and academics, whose proposals were incorporated the following year into a bill on Honesty in Public Administration.
ley de probidad chile pdf
It also explicitly limits the right to withhold the identity of sources to journalists so defined, journalism students who have completed their courses or are on practice apprenticeships, newspaper director and editors, and foreign correspondents. From until Julythe CCC banned fifty-two 35 millimeter films, and films in video format.
We know of no other case in which a journalist has been prosecuted for violating the secrecy of the sumario. In this respect, the Afani case establishes a troubling precedent. The new law establishes the public right to know and the circumstances in which access may legitimately be refused.
ley de probidad chile pdf – PDF Files
Civil liberties groups in Chile, however, have expressed concern that the “proper functioning” of the institution or office concerned is likely to be interpreted expansively by officials as a basis for denying information, and could be difficult to challenge in court. These include Article of the Penal Code, which prohibits public officials from revealing chipe or confidential documents, regardless of the intention or effect le the revelation; the Code of Military Justice, which imposes even harsher penalties on personnel who disregard the military code of silence on institutional matters; Article 74 Bis B of the Criminal Procedure Code, which prohibits the police from divulging information about criminal inquiries in progress; Article 19 2 of the Law on Abuses of Publicity which prohibits unauthorized disclosure in the media of secret “measures, agreements or officials documents disposiciones, acuerdos o documentos oficialesor secret documents 18557 form part of a criminal investigation, a norm which goes back to ; 95 and Article 25 of the same 15875, which allows judges to prohibit the publication of any information about criminal investigations in progress.
In July,the petitioners applied for a protection writ, which would have required the government to divulge the information at issue, from the Santiago Appeals Court.
The judges declared that it was “manifestly without basis” and ruled it inadmissable. The Appeals Court decision merits further discussion since it reveals a mode of thinking inconsistent with the value placed on freedom of opinion and pluralism in a secular democracy. Moreover, the government criticized Terram for arrogantly “conferring on itself watchdog powers which are not recognized in our legal system,” these being exclusively the function of the Chamber of Deputies. 185755 Rights Watch has been informed that there is no law in Chile specifically let journalists frommaking public information derived from criminal investigations in progress.
On prior censorship, therefore, the older bill has been superseded by the January initiative, although its other proposals will be taken into account when Congress leu establishes new mechanisms to regulate the cinema. Police, judges and court officials are bound by law to respect the so-called secrecy of the investigation secreto de sumario until the judge declares the inquiry closed and allows the parties access to the evidence gathered, at which point the trial per se, or plenariobegins.
118575 Diez of RN has compared films with narcotics: Afani again refused to reveal any names on grounds of professional ethics.
But despite threats of legal action and intense pressure over several weeks, she refused to reveal her sources. Is he domiciled at Ahumadaas the petitioners maintain? By seeking to restrict and weaken public access to information, the government’s position on this case runs counter to the principles behind its current policies on the issue.
If this rule were applied generally, it would deny journalists, as well as the general public and civil society groups, the information necessary to exercise their own right of criticism, independent of their 18557 representatives. As a result of his intervention, the ban on Arrebato was lifted for adults over twenty-one.
In the Last Temptation ruling, however, the protection of honor was lry much further, so as to include the honor of Christ himself as well as of those who follow his teachings. At the start of the projection, from the balconies of the big townhouse, Arturo Barrios and other young people had thrown pamphlets against censorship, which covered the sidewalk.
One of the most sensitive areas has been the confidentiality of 1575 investigations.
History and Legal Norms. On top of this protection, Chilean law key judges, at their own discretion, to ban reporting altogether on a case under investigation. It is rather the journalist’s functionand his participation in imparting information to the which amplifies the protection of his freedom of expression within the scope of Article 10 of the European Convention.
In essence, the verdict was a theological disquisition on the nobility and divinity of Christ, backed by meticulous quotations from encyclopedias and religious historians.
Many of these works were not submitted to the censor, probably to avoid a futile waste of time and expense. The complaint held that the judicial ban on the screening of The Last Temptation of Christ made the state responsible for 185755 freedom of expression guarantees in Article 13 of the American Convention. This was shown clearly in the Trillium case, currently before the Inter-American Commission on Human Rights, in which the chhile Foreign Investment Committee failed to respond to a request from Terram, a non-governmental ecology group, for information about investment by the U.
In either case there is no mechanism to allow the producers or distributors to represent their views. In ldy few cases bans havebeen reversed by the council, such as those affecting Imagen Latente and The Last Temptation of Christ, discussed below.