9
Rules of Procedure. These statements are summarized below, in the order in which
they occurred.
a.
Testimony of Ciro Colombara López, alleged victim in the case.
He was 28 years of age when the film “The Last Temptation of Christ” was censored.
He was, and still is, a lawyer in private practice, and performed academic duties in
the Catholic University of Chile. He has not seen the film “The Last Temptation of
Christ”. Professionally and academically he is very interested in criminal law,
freedom of expression and international human rights law. He has published a book
in Chile on punitive measures relating to freedom of expression.
When the proceeding designed to prohibit the exhibition of the film was filed in Chile,
through a remedy for protection filed by seven lawyers purporting to represent the
Catholic Church and Jesus Christ, he decided to become involved for several reasons.
He felt that it was “tremendously serious” that someone would claim to represent the
Catholic Church and
Jesus Christ and attempt to prohibit the exhibition of a film; an issue that was
decisive for freedom of expression in Chile, because it would establish a precedent,
was going to be decided; he believed that it was important that, when deciding the
case, the Chilean court should give special attention to the applicable rules of
international human rights law; and he believed it was particularly serious that
artistic freedom of expression was violated.
The judgment that prohibited the exhibition of the film prejudiced him directly and
indirectly. Although it cannot be imputed to the State, his academic career at the
Catholic University ended as a result of his professional involvement in the case,
because he was told that his participation was not compatible with the performance
of his academic functions. He believes that it is extremely serious that the Chilean
courts made no reference to the American Convention or to international human
rights law. The fact that the film was prohibited caused him serious harm, due to his
academic activities and his professional interests in freedom of expression, because
he now gives classes on freedom of expression in the School of Journalism of the
University of Chile and is in contact with academics in other countries. He was
prejudiced as an individual, because he was prevented from having access to an
artistic film with an apparently religious content. Consequently, he was deprived of
the possibility of having elements of judgment, forming an opinion and having access
to information that was relevant to him. Lastly, as he is not a Catholic, he considers
that his freedom of conscience was violated, because a group of people of a specific
religion attempted to impose their own vision about what others may see.
b.
Testimony of Matías Insunza Tagle, alleged victim in the case.
When the exhibition of the film “The Last Temptation of Christ” was censored, he
was in his fourth year of law studies at the University of Chile and was a student
representative. He has not seen the film “The Last Temptation of Christ”, owing to
the judgment of the Supreme Court of Chile.
When the proceeding designed to prohibit the exhibition of the film through a
remedy of protection was filed in Chile, he had two reasons for becoming involved.