10
intact. Therefore, very serious crimes, such as torture in military barracks
or in watch posts set up by carabineros will continue to be subject to
military jurisdiction;
iii) other exceptions seek to expand the current competence of military
tribunals, going in the exactly opposite direction to that stated by the
Inter-American Court. In this sense, the representatives stated that
related to the maritime police and the expansion of the current
competence of military justice by not demanding that the commission of
the mentioned crimes occur in military dependencies;
iv) matters so distant from military duties, such as the behaviors described
in the Aeronautic Code regarding civil aviation, continue to be subject to
military jurisdiction;
v) it is not explicit when excluding civil employees of the Armed Forces and
Carabineros from military jurisdiction;
vi) it maintains under military jurisdiction not only the author of a crime of
military jurisdiction, but also all those other parties responsible for the
same, and it conserves the rule of preference for military justice if a same
agent commits crimes from the military and common jurisdiction; and
vii) finally, the project makes no progress in what refers to the other
demands established in the Court’s Judgment, that is, the guarantees of
the due process, thus the State’s non-compliance with this aspect is
complete.
c)
with regard to the Commission for the Study of the Reform of Military
Justice, whose inaugural session took place on October 17, 2007, the
representatives stated that the “[…] creation of a Special Commission in charge of
analyzing and preparing a reform of military criminal justice” had already been
informed to this Honorable Court in the briefs [presented by the State in the year
2006]” and that “[n]o evidence is presented in order to know if the Commission
mentioned now by the Chilean State is a new initiative or a continuation of what
had already been started.” Likewise, they once again commented on the reform
bill indicating, among other considerations, that “[…] the existing contrast
between that indicated by the [State] and the actual content of the bill is of great
concern […]” and that “[…] they do not see the need of an extensive reform bill in
order to remove the actions of civilians from the realm of competence of the
military courts […].”
29.
That the Inter-American Commission stated that
a)
“[…] it values the efforts made [by the State] and that “it hopes that […]
the superior interest of justice be taken into account and that the process started
by the Special Commission be carried out as soon as possible and in such a way
that it generate confidence and seek a true adjustment of the system in such a
way that it be compatible with the international norms that oblige the State of
Chile;”
b)
with regard to the bill sent by the Executive Power to the Legislative Power
“it values the start of this process of legislative reform by the Chilean State in a
positive manner; however, it takes note of that analyzed by the representatives