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The Constitutional Court (TC) declared this Thursday illegitimate the bill that prohibits the denial of abuses and crimes of the dictatorship of Augusto Pinochet and left in question the discussion of the rule, which was awaiting approval in the Senate.
Following the request of Chile Vamos, the plenary session of the TC accepted by majority vote the three challenges presented: the first, which accuses “constitutional vice” for not having been voted with a qualified quorum by the deputies; the second, that the initiative he “disassociated himself” from his parent ideas on criminalization of hate speech.
And the third question, the one most criticized by the right, was that the proposal supposedly violates the fundamental guarantee of freedom of expression, claim that the Court accepted and by six votes to two declared it unconstitutional.
TC declares unconstitutional the sole article of the bill that defines the crime of incitement to violencehttps: //t.co/8CcydyVBV1 pic.twitter.com/bkJibhPPHb
– Trib. Constitutional (@TRIBCONST_CHILE) November 5, 2020
The Chamber of Deputies had approved the bill in mid-September, in the first legislative process, so the discussion in the Senate was still pending.
Deputy Carmen Hertz (PC) criticized the decision of the TC and assured that “That point of the Court’s statement is absolutely false, rightly I say so.”
“International human rights law has long since settled the alleged collision, and there is no such collision, because freedom of expression is not absolute, it has limits, because if not, there would be no crimes of slander or injury, and one of them limits is precisely the dignity and honor of the people, “he said. The lawyer.
“And in a country that has had a history of oppression like ours, the denying, approving or justifying crimes against humanity that were committed against political dissidents violates dignity and honor“, Held.
In the Lower House they will wait to know the sentence in detail to analyze it, before determining the future of the project.
One of the norms of the bill, presented in 2017, sought to penalize with up to three years in prison those who “justify”, “approve” or “deny” the human rights violations of the civil-military regime of Pinochet.
But various organizations such as Inter-American Press Association (SIP) and Human rights observer (HRW) asked that the law be rejected because they consider that it violates freedom of expression, which generated controversy in our country, with the communist parliamentarian herself criticizing José Miguel Vivanco, director for the Americas of HRW.
During the Pinochet dictatorship, some 3,200 people died at the hands of state agents, of which 1,192 are still listed as missing detainees, while another 40,000 were imprisoned and tortured for political reasons.
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