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.

Author: Meztile Kanris
Country: Ecuador
Language: English (Spanish)
Genre: Photos
Published (Last): 18 December 2007
Pages: 216
PDF File Size: 1.56 Mb
ePub File Size: 12.19 Mb
ISBN: 952-3-82170-989-4
Downloads: 59009
Price: Free* [*Free Regsitration Required]
Uploader: Akinora

The judges declared that it was “manifestly without basis” and ruled it inadmissable. He is awoken from his seductive fantasy and finds himself once more on the cross. Nor could the judgment establish that the honor of the petitioners was affected, key the film obviously made no reference to them, nor indeed could it be read as an attack on the Christian faith or on Christians generally. Government officials, as well as the courts, tend to be suspicious when faced by an inquisitive press and citizen’s groups probing for facts.

While ,ey 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. 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 transparency we advocate means that the administration of the State must open its doors to the control of the people, allowing the citizenry access to the documents in its power. The writ was unanimously rejected by the Santiago Appeals Court, but an appeal is currently before the Supreme Court. Translation by Human Rights Watch. A few buses stopped in the middle of Alameda and the driver and passengers observed the unusual spectacle in astonishment. The receipt of videos by mail order can be a bureaucratic nightmare.

History and Legal Norms. Arriving parcels are inspected randomly by customs, and if the addressee is unlucky he or she must make the journey to the central post office and pay duty to claim it.

Importantly, Article 7 of the bill established the principle that “the acts of the organs of public administration are public, apart from the exceptions established by law. 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.


The traditional bias in public administration toward secrecy can be seen in an array of statutes that make it a criminal offense to reveal or publish official information deemed confidential by government officials. The Case of Paula Afani Nor are the rights and responsibilities of journalists who inform the public about matters of public interest adequately protected by existing legal norms.

As noted above, the bill was superseded by the public administration reform. Currently, however, courts continue to impose reporting restrictions.

The legal action against Afani lfy to have been motivated chule her refusal to name her sources. 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. This makes the 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.

But despite threats of legal action and intense pressure over several weeks, she refused to reveal her sources. 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. Police searched her home and her work-station in La Tercera ‘s Santiago office but they left empty-handed.

Ley Art. 1 by Tania Reyes Canales on Prezi

Chipe, on a foggy night, more than a hundred people squeezed together in front of a screen which, moving in the wind, showed the now extraordinary images of a northern Chile at the beginning of the century, shaken by the social conflicts of the time. An Undemocratic Body in Democracy. As Professor Dirk Vorhoof has pointed out: The council also is mandated to enforce the law by supervising cinemas.

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.

The grounds entertained in the law for film censorship are extremely broad and include prohibition on ideological grounds, although this norm has not been enforced by the chiile since the return of democracy. At the time of this writing FebruaryAfani was cihle facing trial proceedings.

ley de probidad chile pdf

These so-called reporting bans reached their apogee under the military government but have continued to be imposed, with less frequency, until the present. Had she agreed to do so, it is likely that the prosecution would have been directed at them, not at her. Certain types of spectacle are equivalent to a kind of moral drug against good customs. We know of no other case in which a journalist has been prosecuted for violating the secrecy of the sumario.


They do not require that those who seek information must justify their reasons for doing so. A law governing public administration has provided the CCC with an escape valve allowing changes in the classification of films when pressure has become irresistible. The case of Paula Afani Saud, a reporter for the newspaper La Tercera who faces a possible five-year prison sentence for violating the secrecy of a criminal investigation, is an example.

Freedom of Expression and the Public Debate in Chile

One of the most sensitive areas has been the confidentiality of criminal investigations. It may be expected that Afani would, therefore, benefit from the principle of the most favorable law. In the Last Temptation ruling, however, the protection of honor was extended much further, so as to include the honor of Christ himself as well as of those who follow his teachings.

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. We discovered that the same old ladies and a few retired men always turned up, because they had more time.

The judges evaded their responsibility toreconcile the rival claims of freedom of expression and the principle of honor by establishing, on legal argument, where their limits lay in the case before them.

For years the public was merely informed whether or not the decisions were unanimous: These films may not be put on public exhibition. International human rights standards permit restrictions on freedom of expression and access to information when secret information is involved that may affect national security.

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. Article 19 2 of the Law on Abuses of Publicity extends the prohibition to anyone who “knowingly publishes.