President Clinton will begin his Summit trip with an official state visit to Chile. Almost eight years have passed since Chile returned to democratic rule, and during this time the country has benefitted from economic growth unparalleled elsewhere in Latin America. Yet, the country still suffers from two of the most persistent human rights issues plaguing the region: impunity for past abuses and restrictions on freedom of expression.
Chile has recently made headlines as ex-dictator General Augusto Pinochet retired from his role as commander in chief of the armed forces and assumed his position as senator for life, a post guaranteed to him under the constitution that he drafted. A 1978 amnesty ensures impunity for military and police personnel who committed human rights violations during the early years of the military government (between 1973 and 1978). In the last two years no one has been convicted for any of the notorious cases of extrajudicial execution and torture committed after 1978, which are still under court investigation. Although the incidence of torture has declined significantly, cases of police torture continue to be reported, including one in which a suspect was beaten to death. If implemented, a government initiative to overhaul the criminal justice system would strengthen due process and individual guarantees. But as long as police abuses are not tried in independent courts, reforms will not lead to greater accountability for police.
Freedom of expression has not marched in tandem with Chile's political opening. Journalists, politicians, and lawyers are frequently victims of judicial actions based on defamation laws. One of the laws widely used to stifle criticism is Article 6 of the Laws of State Security, enacted in 1958, which criminalizes those who "defame, insult or calumny the President of the Republic, Ministers of State, senators, deputies... ." Judges are still empowered to ban reporting on court cases, and films are subject to prior censorship. Human Rights Watch, along with other groups, is pursuing several Chilean freedom of expression cases before the Inter-American Commission on Human Rights, and is in the process of preparing a detailed report on cases of censorship and legislation that perpetuate these violations of international standards.
Question for President Eduardo Frei: The Chilean government has announced that it intends to hold a plebiscite on constitutional reform to make the political system more democratic. What is the timetable for the plebiscite?