6
President, a unit was created for the purpose of promoting and coordinating a public
policy of honesty and transparency inside the administration; government initiatives
have been implemented to promote practices of good governance, and an orientation
and training system has been designed and implemented for employees of the
government bureaucracy, with an emphasis on honesty and transparency." He also
"recognize[d] the willingness of the State to work in cooperation with civil society,
especially the Pro Acceso Foundation, by sponsoring activities for seminars and
exchanges." Notwithstanding this, the representative emphasized that these initiatives
were "insufficient to comply fully with the judgment. The current training programs
emphasize content on transparency, overlooking discussion of obligatory Conventionbased parameters regarding such subjects as restrictions on the right of access to
public information[…], especially [those parameters] intended to reverse the State's
practice of not responding to requests for access to public information." Finally, the
representative added that the "measures adopted have not been extended to the
judicial branch, which is responsible for receiving and protecting requests for access to
public information." He therefore concluded that, "if the State is to comply fully with
the judgment, it must deepen Convention-based content in training programs for
government bureaucrats and extend this training to judges as well, particularly the
judges on the Court of Appeals, which the new law defines as the only venue
authorized to settle these matters[…]”.
22.
That the Inter-American Commission noted "with satisfaction the information
about activities undertaken to implement training programs on access to State-held
information, anticipates that the State will continue to implement the measures
necessary for full compliance with its obligations and hopes it will overcome the
obstacles described by the representatives, so that State of Chile can report very soon
on full compliance with this [obligation]."
23.
That the Court applauds the training actions reported on by the State and
appreciates that these actions are taking place in cooperation with civil society
organizations involved in these issues, including the organization presided over by the
representative of the victims in the instant case. The Inter-American Court also takes a
positive view of the information supplied by the representative concerning other
initiatives the State has adopted to train government bureaucrats in this area.
Nonetheless, aware that international obligations are binding on all the branches and
entities of the States Parties, and considering the essential role that the judicial branch
of Chile is called upon to play in this area, the Court feels that in its next report, the
State should provide information on training actions targeting the judicial branch.
Finally, the Court also believes it is necessary for the State, in its next report, to
respond to the representative's comments about the content of training activities.
*
*
*
24.
That with regard to the obligation to pay costs and expenses, established in
Operative point 9 of the judgment, the State reported that on June 25, 2007, it
performed this duty "by sending three bank checks by certified mail, one each to
Marcel Claude Reyes, Luis Sebastián Cox Urrejola and Arturo Longton Guerrero, for a
total amount in Chilean currency equivalent to US$ 10,000 (ten thousand US dollars),
divided equally among the three."