-8In May 1998, “together with Marcel Claude and Arturo Longton, he submitted the
application for information to the Foreign Investment Committee” (hereinafter “FIC” or
“the Committee”) requesting information on Forestal Trillium Ltda. and the Río Cóndor
Project, in order, as members of civil society, to contribute to and ensure enhanced
community involvement and information “so as to ensure the maximum social
responsibility of private companies in the context of the major public investments
promoted and authorized by the State and its institutional framework.” “Owing to the
refusal of the Committee and its authorities,” they filed several judicial recourses.
The Committee’s failure to respond to the said application or to provide an official refusal
resulted in a harm to “public interest and to the interests of the community” he has been
defending, a well as the State entity’s non-compliance with its obligations and related
national and international norms and recommendations. This non-compliance
“concern[ed] the suitability of the investor, the execution of the authorized investment,
and compliance with Decree Law No. 600.”
2.
Arturo Longton Guerrero, alleged victim
He has been a Member of Congress of the Republic of Chile for more than 16 years, and
“during this time [has] been involved in various initiatives designed to safeguard
fundamental human rights.” “In 1997 [(sic)], as a concerned citizen, as well as in
exercise of [his] functions as a Deputy of the Republic of Chile, and worried about the
possible indiscriminate felling of indigenous forests in the extreme south of Chile by a
foreign company[, …] together with […] Marcel Claude [Reyes, he] met with the Director
of Foreign Investment in Chile to obtain information regarding the veracity of the
affirmations of [the] company that was cutting down indigenous forests, requesting
diverse elements of information about the foreign investor concerned […] and[,] in
particular, about the background data that demonstrated his suitability and soundness.”
“This refusal of public information signified a violation of [his] human rights; it also
affected and impaired [his] authority as a Deputy of the Republic and hindered [his]
oversight responsibilities.”
He referred to several cases that, in his opinion, involved refusal to disclose public
information and in which he has intervened directly, and stated that such cases “are
repeated constantly throughout [Chile’s] Ministries and Public Administration.”
b)
Proposed by the State
3.
Andrés Emilio Culagovski Rubio, lawyer and Oversight Officer
(Fiscal) of the Foreign Investment Committee
The Foreign Investment Committee “is a functionally-decentralized, public-law juridical
person, with its own assets, domiciled in Santiago, linked to the President of the Republic
through the Ministry of Economy, Development and Reconstruction.” “Under Decree Law
[No. 600], it is the only agency authorized, in representation of Chile, to accept the entry
of foreign capital and to establish the terms and conditions of the respective contracts.”
The other functions of FIC include the following: to receive, examine and take a decision