9 reform to Military Justice must be more ample than the one presented today […]”, and that therefore “[…] in an administrative act parallel to the sending of this bill, [we created] through a Supreme Decree of the Ministry of National Defense the Commission that will study [up to] the end of 2007, the comprehensive reform proposal of Military Justice that [the President of the Republic] [will] send to the National Congress during 2008.” c) on October 17, 2007 the inaugural session of the Commission for the Study of the Reform to Military Justice, whose mission is to achieve, in stages, the comprehensive reform to the Code of Military Justice, was held at the National Congress. The State informed that the bill presented by the Executive Power in the month of July 2007 was the first of said Commission’s four work stages. The second stage refers to the adjustment of internal legislation to international norms in aspects such as forbidden armaments, crimes against humanity, norms of international humanitarian law, etc.; the third stage will refer to the military procedural reform “[…] trying to achieve the establishment of the due process;” finally the fourth stage will cover the substantive military criminal law, through the adjustment of the military criminal definitions. The State enclosed the Speech of the Ministry of National Defense given in the inaugural session of said Commission and a presentation of the Sub-Secretary of the Army before the Constitution, Legislation, Justice, and Regulations Commission of the Senate, where the information on the work stages to cover the different aspects related to the reform to military justice are presented in detail. 28. That regarding these operative paragraphs the representatives expressed that: a) the State “has started actions that seek to comply with the operative paragraphs regarding the obligation to adjust the domestic juridical ordinance to international standards on military criminal jurisdiction, limiting the latter only to hearing of crimes of duty committed by soldiers in active service.” However, they stated that “understanding that these measures will require a technical and gradual study that must be carried out in a reasonable period of time-, [they] consider that the measures adopted by the State in order to comply with this operative paragraph are insufficient. The mere creation of the inter-ministerial commission a year after the judgment [was issued], is a lukewarm sign that does not reflect the need and importance of adjusting the military criminal justice to international standards. Besides, this is evident in the seriousness of the fact [of…] a recent decision of the Constitutional Court of Chile, through which this Tribunal has ruled that the crime of disobedience of military duties as defined in the Code of Military Justice is constitutional.” b) the bill sent by the Executive Power to the National Congress in July 2007 “[…] does not adjust to international standards or to the requirements of the international judgment whose compliance is being supervised.” Among other reasons the representatives expressed that: i) even though the reform establishes the general principle that Military Tribunals will have jurisdiction “regarding soldiers” and to “prosecute all matters of the military jurisdiction that may arise within the national territory,” the principle is subject to so many exceptions, and of such a nature, that the modification results in a matter of very little practical effect; ii) one of these exceptions results in leaving the competence of military jurisdiction regarding acts committed by carabineros against civilians

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