The decision granting pre-trial release to the accused of the offenses referred to in article 9 must always be consulted with a higher authority. This and the appeal against the decision issued on the release shall be heard by the corresponding higher court composed exclusively of full-time members. The decision that approves or grants the release must be taken unanimously. During the pre-trial release period, the accused shall always be subject to measures of supervision by the authority established by law. (f) […] The release of the accused shall be in order unless the judge considers that pre-trial detention is necessary for the investigations or for the safety of the victim or of society. The Law shall establish the means and requirements for obtaining this. 2. Criminal law a) Criminal Code 96. The Chilean Criminal Code (which dates from 1874 and has been amended several times) is pertinent insofar as the Counter-terrorism Act refers to various types of crime established therein, as well as the corresponding punishments.102 97. Among the punishments established in its article 21 are “[a]bsolute and permanent disqualification from public office and positions, and titled professions” and that of “[a]bsolute and temporary disqualification from public office and positions, and titled professions.” b) Counter-terrorism Act 98. In 1984, Law 18,314 (Counter-terrorism Act) was enacted, which “[d]efines acts of terrorism and establishes their punishments.”103 This law was amended in 1991, 2002, 2003, 2005, 2010 and 2011.104 The 2010 amendment eliminated the part of the text of article 1 102 Cf. Criminal Code of Chile of November 12, 1874, and its amendments. The State indicated that the “Criminal Code in force at the time of the acts for which the presumed victims in this case were tried” is available at: http://www.leychile.cl/Navegar?idNorma=1984&idVersion=2001-06-05 103 Cf. Law No. 18,314 that “defines terrorist acts and establishes the corresponding punishments,” published in the official gazette on May 17, 1984 (file of annexes to the Merits Report 176/10, annex 1, folios 5 to 11, file of annexes to the CEJIL motions and arguments brief, annex B 1.1, folios 1740 to 1746, file of annexes to the FIDH motions and arguments brief, annex 27, folios 817 to 823, and annexes to the State’s answering brief, annex 3, folios 84 to 87). This law is also available at: http://www.leychile.cl/Navegar?idNorma=29731&tipoVersion=0 104 i) Law No. 18,314 was amended by the following laws: Law No. 19,027 of January 24, 1991, which “[a]mends Law No.18,314 that que defines terrorist acts and establishes the corresponding punishments” (file of annexes to the FIDH motions and arguments brief, annex 29, folios 825 to 827). ii) Law No. 19,806 of May 31, 2002, on “[n]orms to adapt the Chilean legal system to the reform of criminal procedure,” which regulates witness anonymity (file of annexes to the CEJIL motions and arguments brief, annex B.2, folios 1776 to 1829 and file of annexes to the FIDH motions and arguments brief, annex 30, folios 828 to 881); iii) Law No. 19,906 of November 13, 2003, which “[a]mends Law No.18,314, on terrorist acts, in order to sanction the financing of terrorism more effectively in keeping with the provisions of the International Convention for the Suppression of the Financing of Terrorism” (file of annexes to the FIDH motions and arguments brief, annex 31, folio 882); iv) Law No. 20,074 of November 14, 2005, which “[a]mends the Code of Criminal Procedure and the Criminal Code” (file of annexes to the CEJIL motions and arguments brief, annex B.1.2, folios 1747 to 1758); v) Law No. 20,467 of October 8, 2010, which “[a]mends provisions of Law No.18,314 that defines terrorist acts and establishes the corresponding punishments.” This law, inter alia, eliminates the presumption of terrorist motives owing to the use of certain methods ,and expressly establishes “the exclusion of minors from the application of the Counterterrorism Act” by stipulating that “[i]f the acts were executed by persons under 18 years of age, based on the speciality principle the proceedings and the reduced penalties established in Law No. 20,084 which creates a system of adolescent criminal responsibility, shall always be applied” (file of annexes to the Merits Report 176/10, annex 2, folios 12 to 15, file of annexes to the CEJIL motions and arguments brief, annex B.1.3, folios 1759 to 1774, file of annexes to the FIDH motions and arguments brief, annex 32, folios 883 to 1309 and file of annexes to the answering brief of the State, annex 4, folios 84 to 87), and vi) Law No. 20,519 of June 21, 2011, which “[a]mends provisions of Law No.18,314 and other laws, excluding from their application acts executed by minors.” As indicated by the State in its answering brief, “in order to avoid certain 34

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