8
12.
That the Inter-American Commission applauds the progress made by the State in the
instant case and the spirit of cooperation between the representative of the victims and the
State in relation to the reparations ordered by the Court.
13.
That the Inter-American Court appreciates the promulgation and publication of the
Ley de Transparencia y Acceso a la Información de la Administración del Estado (Law on
Transparency in Public Office and Access to Information on State Administration) which
regulates Article 8 of the Political Constitution of Chile and establishes a procedure to secure
access to State-held information. Said Law enshrines the right to request and receive
information from the State Administration,8 and provides, among other things, for the
principles governing the right of access to information, the procedure and requirements to
file requests for information, the authorities responsible for processing the requests, the
express grounds for secrecy or reserve for which access to information may be partly or
whole denied, the classified or secret status of acts or documents, the available remedies,
the creation and functioning of the Council for Transparency,9 the procedure for
appointment and incompatibility of its members and the procedure for violations and
penalties.
14.
That based on the information provided by the parties, the Court concludes that the
State has fully honored its obligation to adopt, within a reasonable time, the necessary
measures to guarantee the right of access to State-held information, in accordance with the
general obligation to adopt domestic provisions established in Article 2 of the American
Convention on Human Rights, according to operative paragraph 7 of the Judgment.
*
*
*
15.
That with regard to the obligation to provide training to public entities, authorities
and agents responsible for responding to requests for access to State-held information
established in operative paragraph 8 of the Judgment, together with the activities already
informed by the State and considered by the Court in the previous Order, Chile stated that
the following activities were carried out:
8
Section 10. All persons shall be entitled to request and receive information from any entity of the State
Administration in the manner and under the conditions set out in this law. Access to information shall comprise the
right to access any information contained in acts, orders, records, files, contracts and agreements, as well as any
information produced under public budget in any format or support, to the extent permitted by law.
9
Section 31.- The Council for Transparency is hereby created as a public law autonomous Corporation, with
legal standing and own assets. The seat of the Council shall be in the city of Santiago; however, it may settle
offices throughout the country. The supreme decrees referring to the Council, where no reference to a specific
Ministry is made, shall be issued through the Ministry/Secretary of the Presidency.
Section 32.- The purpose of the Council shall be to promote transparency of public acts, monitor
compliance with the rules and regulations governing transparency and publicity of the information produced by the
entities of the State Administration, and secure the exercise of the right of access to information.