b) On October 27, 2009, the bill on the jurisdiction and competence of military courts, and proceedings before them was introduced in the Chamber of Representatives, as bill No. 6739-02, establishing the limits to the jurisdiction and competence of military courts. Subsequently, on September 9, 2010, the President of the Republic withdrew the bill from consideration, and that same day presented a new bill to the Chamber of Representatives of the National Congress as bill No. 7203-02 with “utmost presidential urgency.” The purpose of this bill was to reform the military justice system, because it “delimited its jurisdiction and competence precisely so as to totally exclude civilians from its sphere of action and coverage.” This bill subsequently became Law No. 20,477 on December 30, 2010.9 In addition to making some reforms and repealing some aspects of the existing military justice system, the law modifies the competence of the military courts and establishes, inter alia, that: (a) neither civilians nor minors shall be subject to the jurisdiction of military courts, but rather to jurisdiction of the ordinary courts; (b) in cases involving the coperpetration or co-participation of members of the military and civilians in offenses subject to the military justice system, the ordinary courts shall have competence for the civilians, while the military courts shall have competence for the members of the military; (c) jurisdictional disputes between ordinary courts and military courts shall be resolved by the Supreme Court, and (d) “officials belonging to the Chilean Armed Forces or Police Force, including permanent staff, draftees, and reserve personnel on active duty,” among others, shall be considered military personnel. In addition, transitory provisions were established, such as one relating to the cases in progress which involved civilians, and which were pending before military tribunals when the law was enacted, which provided that “they would continue to be processed before the ordinary justice system.” c) A third bill on the creation and regulation of the powers of military courts and prosecutors, which will form part of the reform of the military justice system is currently being drafted. In this regard, in July 2010, the President of the Republic ordered the creation of a joint working group of the Ministry of Defense and the Ministry of Justice in order “to draft promptly the bills that this reform requires.” 15. The representatives observed that: a) The bill on military offenses and their punishments “retains the formal concept of military offense and does not include the perpetrator – a soldier – or the definition of military juridical interests.” They also pointed out that certain articles do not specify the perpetrator; therefore, they considered that “the State needed to revise this point so as to unify the criterion.” b) Regarding the bill on the jurisdiction and competence of the military courts introduced under bill No. 6739-2, they expressed concern about the “set back that [its] withdrawal from parliamentary consideration could represent.” Nevertheless, the representatives recognized that the approval of Law No. 20,477 represented progress. However, they pointed out that this reform does not satisfy international standards, or the measure ordered the Court, because “although it restricts the military jurisdiction by excluding civilians and minors, it does not limit the military jurisdiction in the way required by international law and the judgment in this case.” This is because the law has not “provided that members of the military be subject to 9 Law No. 20,477 amending the jurisdiction of military courts” (attachment to the State’s brief of January 13, 2011). 6