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.
|Published (Last):||15 August 2015|
|PDF File Size:||8.34 Mb|
|ePub File Size:||17.68 Mb|
|Price:||Free* [*Free Regsitration Required]|
In common with other countries with an inquisitorial judicial process, Chilean legislation does not allow the public access to the evidence gathered in the early stages of a criminal inquiry. Any video of a commercial film rejected in Chile may be confiscated. But despite threats of legal action and intense pressure over several weeks, she cjile to reveal her sources. On June 17, the Supreme Court unanimously upheld the verdict on appeal, making the ban definitive.
Until that moment, however, she remains at risk of a conviction 185775 would violate fundamental principles of freedom of expression. These films may not be put on public exhibition. Television stations exhibiting films banned by the classification council or transmitting films classified for over-eighteens at family viewing hours risk fines or ultimately cancellation of their broadcasting licenses.
While the political spectrum supporting the change embraces opinions ranging from the left-of-center PPD through to the liberal wing of the RN, 56 and the press appears united behind it, 57 the majorities required by law for a constitutional reform are not assured.
Any amendment of the article in question must be carried by a congressional majority of two-thirds. The judges declared that it was “manifestly without basis” and ruled it inadmissable.
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. Although the images and message of the film might be found disturbing or offensive by some people, the Chilean constitution does not protect people from this.
Furthermore, the constitutional provision extends not only to films but also to film advertising, such as posters and trailers, and has been interpreted as applicable to videos as well. Currently, however, courts continue to impose reporting restrictions. As a result of his intervention, the ban on Arrebato was key for adults over twenty-one.
A new rule, introduced in required that the reasons for a ban be child public. Afani again refused to reveal any names on grounds of professional ethics.
Chile: Progress Stalled – Access to Official Information
Rights Limited to Journalists. For the private video collector, the consequences are moments of trepidation on passing through Customs. Such restrictions have even graver effects when they are not clearly delineated, since they may result in legal reprisals against journalists who unknowingly cross the line, as was the case of Paula Afani, discussed below.
The chilf of the CCC are not subject to any judicial control or oversight. The two films were due to play in the Normandie art cinema in single screenings on July 23 and 24, as part of a successful tour that had already included eight Latin American countries.
ley de probidad chile pdf
It reads like the pronouncement of an ecclesiastical tribunal rather lye a court representing a culturally diverse nation of mixed beliefs and faiths, in which church and state have been separated since The Appeals Court decision merits further discussion chhile it reveals a mode of thinking inconsistent with the value placed on freedom of opinion and pluralism in a secular democracy. At the time of this writing FebruaryAfani was still facing trial proceedings.
The council also is mandated to enforce the law by supervising cinemas. No official of the CDE, of the courts, the police or the prison service has been named as co-defendant in the case, which makes the prosecution of a single journalist all the more striking. 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.
Successive democratic governments have stated their commitment to end this culture of secrecy.
Apart from their substantive objection to the film, Porvenir de Chile claimed that the council had no authority to revoke a decision of its appeals panel. A review panel, misleadingly called an appeals court, may be called on to reconsider the rejection of a film following the presentation cbile a written appeal. Translation by Human Rights Watch. There has been little change of substance since. Such are the demands of that pluralism, tolerance and broad-mindedness without which there is no democratic society.
A higher age limit of twenty-one in the original decree leu later eliminated to reflect the reduction of the legal age of majority from twenty-one to eighteen. International human rights standards permit restrictions on freedom of expression chils access to information when secret information cnile involved that may affect national security.
In its reply to the Inter-American Commission, which Human Rights Watch has reviewed, the Ministry of Foreign Affairs considered that the information to which Terram was denied access “directly affected the way in which the Committee exercises its attributions” and was therefore properly held confidential.
Civil liberties groups in Chile, however, have expressed concern that the “proper functioning” of the institution or office concerned is likely cchile be interpreted expansively by officials as a basis for denying information, and could be difficult to challenge in court. One of the most sensitive areas has been the confidentiality of criminal investigations.
The writ was unanimously rejected by the Santiago Appeals Court, but an appeal is currently before the Supreme Court.