established in articles 296 and 297 thereof, except when the said acts are carried out,
fulfilling the requirements of seriousness and credibility established in the said articles,
against an individual entrusted with special official functions”; in other words, a member of
the Armed Forces or the Police Force in the exercise of his duties.
8.
Regarding the offense of disrespect for authority, the representatives observed that
the bill proposed in order to repeal this offense in the Code of Military Justice was withdrawn
from the legislative process in September 2010; thus, the offense continues in force.
Consequently, the representatives indicated the need to place this issue among the
Administration’s priorities, because “the possibility of disproportionate punishments for
criticizing the functioning of the State institutions and their members remains, together with
greater protection for military institutions and their members […], which is incompatible
with Article 13 of the American Convention on Human Rights.”
9.
Regarding the reform of article 264 of the Criminal Code concerning the offense of
threats, the representatives indicated that this article retains the definition of the offense
with an “ambiguous description that does not delimit clearly the scope of the unlawful
conduct.” They also recalled that the Court had urged the State to clarify the sort of threats
that were at issue, so as not to stifle freedom of thought and the expression of valid and
legitimate opinions, or protests or disagreements regarding the actions of public bodies or
their members.” In addition, they indicated that, “based on the information provided by the
State, it would appear that no specific steps have been taken to amend the definition of this
offense in the Chilean Criminal Code.” Thus, the State has not complied with this aspect.
10.
The Inter-American Commission “note[d] the importance of the prompt processing,
discussion, and approval of the bills” regarding the repeal or amendment of the domestic
laws that were incompatible with international standards on freedom of thought and
expression. Regarding the definition of the offense of disrespect for authority, it indicated
that “in the document forwarded by the State on the recently promulgated laws, the reform
of article 284 of the Code of Military Justice was not included.” In addition, it stated that “it
d[id] not have precise information on the procedure being used to reform [it].” Thus, the
Commission asked that the State submit updated information on this point. It also noted
that “the State has still not presented information on the measures taken to adapt [article]
264 of the Chilean Criminal Code to international standards.”
11.
Lastly, the Commission concluded that, “despite the time that has passed since the
judgment was handed down […], the State has not reported any substantial progress with
regard to compliance with this measure of reparation,” and indicated the lack of “detailed,
updated, and complete information on […] the measures taken and to be taken” by the
State to adapt Chilean domestic law to international standards on freedom of expression as
regards the offenses of threats and disrespect for authority.
12.
Based on the information provided by the parties, the Court observes that, even
though legislative proposals have been made to repeal the offense of disrespect for
authority established in article 284 of the Code of Military Justice, and the reform of the
offense of threats, established in article 264 of the Criminal Code, has been discussed,
almost six years after the judgment was delivered, both offenses continue in force under
domestic law. Regarding the offense of disrespect for authority, the Court observes that
several different bills to repeal it have been submitted to the legislature; however, the
elimination of this offense has yet to be approved. The Court also notes that the State has
indicated that the offense of threats continues in force in its law, and that it has analyzed
article 264 of the Criminal Code, regarding which it recognized the ambiguity of the
description of the unlawful conduct and the lack of clarity regarding the protected right.
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