22
g.
On April 14, 1997, the President of the Republic, Eduardo Frei RuizTagle, addressed a message to the Chamber of Deputies in which he
submitted a draft constitutional reform to article 19(12) of the Constitution
that intended to eliminate cinematographic censorship and substitute it by a
system of classification that embodied the right to free artistic creation.13
h.
On November 17, 1999, the Chamber of Deputies adopted the draft
constitutional reform that intended to eliminate prior censorship of the
exhibition and publicity of cinematographic production by 86 votes in favor,
no votes against and six abstentions.14
i.
Up until February 5, 2001, the date on which this judgment was
delivered, the steps for the adoption of the draft constitutional reform had not
been completed.
j.
As a result of the facts of this case, the victims and their
representatives submitted elements to justify the expenses incurred while
processing the different domestic and international procedures, and the Court
reserves the authority to evaluate these.15
VIII
ARTICLE 13
FREEDOM OF THOUGHT AND EXPRESSION
The Commission's arguments
61.
With regard to Article 13 of the Convention, the Commission alleged that:
a.
Article 19(12) of the Constitution of Chile permitted censorship of the
exhibition of cinematographic productions and their publicity. Moreover, on
numerous occasions, the Executive Power, through the Cinematographic
Classification Council, has censored the exhibition of films. In this respect,
the Judiciary has favored the right to honor over freedom of expression;
b.
The prohibition of the exhibition of the film “The Last Temptation of
Christ” by the Court of Appeal of Santiago, ratified by the Supreme Court of
Justice, violates Article 13 of the Convention, because this article indicates
that the exercise of freedom of thought and expression shall not be subject to
13
cf. annex IV: copy of a draft constitutional reform that eliminates cinematographic censorship,
substituting it with a classification system that establishes the right to free artistic creation, and copy of
message No. 339-334 issued on April 14, 1997 by the President of the Republic of Chile to the Chamber of
Deputies, supporting the draft reform; expert report by José Luis Cea Egaña submitted to the InterAmerican Court on November 18, 1999; and expert report by Francisco Cumplido submitted to the InterAmerican Court on November 18, 1999.
14
cf. expert report by José Luis Cea Egaña submitted to the Inter-American Court on November 18,
1999; and expert report by Francisco Cumplido submitted to the Inter-American Court on November 18,
1999.
15
cf. Jade Hotel invoice No. 004526 dated November 19, 1999, in the name of José Zalaquett; Jade
Hotel invoice No. 004540 dated November 20, 1999, in the name of the “Asoc. de Abogados por las Libe”;
Jade Hotel invoice No. 004541 dated November 20, 1999, in the name of the “Asoc. de Abogados por las
Libe”; Jade Hotel invoice No. 004542 dated November 20, 1999, in the name of the “Asoc. de Abogados
por las Libe”; and Aeromar Agencia de Viajes Limitada invoice No. 0115909 dated November 16, 1999, in
the name of the “Asoc. de Abogados por las Libertades Públicas.”