1. Introduction
Current regulations and practices on freedom of expression are a mixture of the authoritarian heritage and democratic elements. Freedom of expression and access to information were severely restricted in Chile on national security grounds during the former military regime (1973-1990). A broad, non-democratic concept of national security was utilized to prevent citizens from enjoying freedom of expression and other basic rights. National security was seen by the military regime as the most important component of a society; the idea was that communism not only involved in external aggression, but tried to penetrate every country from the inside, through the Unions, the Political Parties, the Universities and the Churches. As a consequence, the main role of the Armed Forces shifted from defending the country from external aggressions to defending it from its internal enemies. Due to the importance of their role, the Armed Forces considered themselves to be at the top of the hierarchies of the country.2
尽管在本报告中，我们将重点关注当前的智利局势，但对于分析制定某些立法的背景的经常提及军事政权。
2. Constitutional provisions
A.永久法规
Art. 19.12 of the Constitution recognizes freedom of opinion and of information without prior censorship. This is notwithstanding the need to answer for offenses and abuses committed in the exercise of these freedoms, according to the rules specified by the law.3An exception is provided regarding motion pictures, as the Constitution states that the law will establish a system of censorship for their exhibition and publicity. Additionally, prior censorship is applied through indirect means, although not recognized as such by the tribunals (i.e., see below thePalamaracase).
Access to information is not explicitly enshrined in the Constitution.
It has to be noted, however, that international human rights standards were elevated to a constitutional status as a result of a reform to the Constitution in 1989.4Reformed article 5.2 states that "[t]he exercise of sovereignty recognizes as a limitation the respect for the fundamental rights emanated from human nature. It is a duty of the organs of the State to respect and promote these rights, guaranteed by this Constitution and by international treaties ratified by Chile and in force."5结果，这些条约中包含的人权规定现在在智利具有宪法地位。
其他人权条约,智利是卡伦牌tly party to the International Covenant on Civil and Political Rights, to its Optional Protocol and to the American Convention on Human Rights. To these three treaties, Chile has made reservations to the effect that the jurisdiction of the Human Rights Committee (both under article 41 of the Covenant and under the Optional Protocol) and of the Inter-American Commission and Court of Human Rights will not cover any alleged violations of human rights which began to occur before 11 March, 1990. These reservations were made with the aim of preventing international scrutiny of disappearances, although naturally the Commission is competent to handle this type of communications by virtue of Chile's membership to the Organization of American States. Chile is also a party to the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child, and to other international human rights treaties.
However, up to date, domestic tribunals have rarely used regulations contained in these treaties as a basis for deciding freedom of expression cases. One of these cases was that ofMegavision, when the Courts invoked article 13 of the American Convention on Human Rights, which forbids prior censorship, to dismiss a penalty of US$6,150 against a television network. The penalty had been imposed by the National Television Council (a State agency) for broadcasting a surreptitiously-recorded political conversation. The Courts declared that the broadcast was not imputable to the TV network. Despite the fact that it was the President of Megavision who played the recording, this happened in the context of a live program in which he had been invited as a private citizen, and without giving prior notice to the network. The Courts concluded that sanctioning the network for this situation would be equivalent to indirectly allow prior censorship in violation of the American Convention.6
B. States of Exception
在《宪法》第39至41条中包含的例外法规下，建立了严厉的言论自由限制。在集会状态下，宪法允许行政部门中止或限制意见自由。根据围攻状态和灾难状态赋予的权力，可以限制信息和意见的自由。在外部战争的情况下，可以宣布集会状态；内部战争或内部骚动是宣布围攻状态的基础。在发生公共灾难的情况下，可以宣布灾难的状态（通常将其应用于地震和其他类型的自然灾害）。
上述规定的除外ion are inconsistent with international standards. The International Covenant on Civil and Political Rights provides in article 4 that a threat to the life of the nation is required to take measures derogating some rights to some extent, including the right to freedom of opinion and expression. However, the Chilean Constitution does not require such a high standard to be met in order to restrict-- and under certain circumstances even suspend-- freedom of opinion and expression.
In addition, while the Covenant states that such measures can be taken "to the extent strictly required by the exigencies of the situation", that is, it requires that the factual conditions be analyzed, domestic Chilean tribunals are prevented by the Constitution from analyzing the facts surrounding the application of derogating measures. In this regard, article 41.3 of the Constitution provides that the tribunals are not allowed to qualify the basis or factual circumstances invoked by the authorities in order to apply derogating measures .7As a consequence, judges may only control legal formalities of derogating measures, but not "the exigencies of the situation", as the Covenant requires. What used to be a jurisprudential practice (judges' self-restraint to analyze factual conditions surrounding derogating measures) became a constitutional provision.8
3.关于获取信息和基于国家安全理由限制的立法
答：武装部队
《军事司法守则》和一系列法规包含有关获得国家安全理由的信息和限制的规范。《军事司法守则》第436条将秘密文件定义为与国家安全，国防，内部公共秩序或人员安全有关的内容直接相关的文件。
Articles 144 and 144 bis of the Code of Military Justice regulate the disclosure of secret documents during judicial investigations. According to art.144, the Military Prosecutor in charge of the investigation is the only person who can request the submission of secret documents. In judicial cases where the Prosecutor deems it necessary to request secret documents, he will have to ask the respective Commander in Chief, who can refuse to submit the document on the grounds that State security, national defense, internal public order or the security of persons would be affected. Should the Prosecutor consider it indispensable to obtain the document, the Supreme Court, in addition to the Legal Counsel of the Army, will decide on the matter.9In any event, individuals involved in a judicial investigation conducted by a Military Prosecutor are not allowed access to any secret documents, not even in cases where the disclosure of a secret document would be relevant to the individual's defense.
The situation is similar in cases within civilian jurisdiction, as the civilian judge in charge of a criminal investigation will have to request the submission of a secret document to the respective Commander in Chief (art.53 of the Criminal Procedural Code in connection to articles 144 and 144 bis of the Military Code).
Further provisions about the protection of secrecy within the Armed Forces are contained in the Regulations on Intelligence and Military Security. These regulations provide, as a general rule, that all matters concerning the Armed Forces are public. It adds, however, that such matters become classified when their disclosure would actually or potentially harm the army or the State, either within the country or abroad. These provisions have usually been construed as establishing a sort of objective responsibility, that is, a person will be considered responsible solely on the basis of having had knowledge of a classified document without the powers or the authorization to do so.
These Regulations contain detailed provisions about the formalities required to gain access to secret documents. To obtain and to handle classified information, a member of the military has to have an authorization, which is given by assigning him what could be called a degree of access ("grado de acceso"). The type of classified documents that he can examine will depend on the degree of access he is granted.
The Administrative Regulations on Correspondence and Documentation go further by establishing a classification of the potential harm caused by unpermitted disclosures and by ruling on degrees of secrecy.
In addition, it has to be observed that there are regulations on secrecy about matters related to the Armed Forces which are also applicable to former military officers. This is the case of the Regulations of the Garrison Service of the Army.
Humberto Palamara的案子。The case of Humberto Palamara illustrates the current domestic standards on restrictions to have access to information and to freedom of expression on national security grounds. Mr. Palamara is a former member of the Intelligence Services of the Navy who attempted to publish a book on Intelligence matters in 1993. Although he was already retired from the Navy by the time he wrote the book, the Military Courts declared the case to fall under their jurisdiction. As a matter of fact, there were two judicial cases in connection to this matter, both under military jurisdiction.
In one case, Mr. Palamara was convicted in the end for two criminal offenses. The first, for not having requested authorization from the Navy to publish the book "Ethics and Intelligence Services" ("Etica y Servicios de Inteligencia" in the Spanish original), causing danger to national security and defense. The second, for having refused to give the book to the authorities when requested to do so.10最后，他被定罪两次被判刑，每人61天。此外，帕拉马拉先生还被判处没收他的书的附属罚款。
案件通过军事法庭。武术在军事管辖范围内作为上诉法院的武术法院，并具有混合的平民/军事组成，并以军队为主（3名军事法官和2名平民）；最高法院，武装部队代表被添加到五名最高法院法官的小组中，以涉及军事管辖权。该案目前正在美洲人权委员会审理。
As to the first charge, Mr. Palamara's failure to request authorization was considered to be contrary to the Ordinance of the Navy of Chile, which states in art. 89 as follows:
"It is likewise forbidden to publish, directly or indirectly, articles concerning matters of a secret or confidential nature, matters of a political or religious nature, as well as others that could lead to controversies in which the good name of the Navy could be involved.
“考虑到上述限制，海军人员可以以其个人身份在媒体上出版，并获得其指挥官或主管海军当局的先验知识和授权。乐动体育赛事
"In times of war or when circumstances so require, the Commander in Chief of the Navy can suspend or limit this authorization.11
在程序期间的某个时刻，法院下令该书由两名专家进行审查，以确定它是否威胁到国家安全。在这种情况下，应法庭要求审查这本书的军事专家得出的结论是，它不包含影响国家安全或辩护的分析，这真是令人惊讶。这一发展导致了其他军事专家的任命，他们得出结论认为这本书“影响海军的机构利益”，但他们绝不声明由于其出版而可能受到海军的伤害。他们的陈述是关于这本书如何影响海军的机构利益的陈述，他说：“在他（指帕拉马拉先生）的陈述中，他的作品回应了“道德义务，即一个人必须将自己的知识和经验传播给他人”，这意味着作者在主题上写作的能力是基于他作为情报专家的海军培训。”
In fact, Mr. Palamara's book contains no description about Chilean or foreign past or present intelligence activities. Instead, it describes the main standards of intelligence, emphasizing the need for these to be adapted to ethical criteria. Although it has not been explicitly stated by Navy authorities, what might have aroused some suspicions about Mr. Palamara's book is the fact that it particularly stresses the necessity of keeping intelligence activities in accordance with human rights standards, opposing torture and stating that it is not the role of intelligence services to detain or interrogate persons.12
As to the charge for disobedience, the judicial decision was based in article 337.3 of the Military Code. The grounds of the charge were that Mr. Palamara had been forbidden to give any information to the press, and that despite this prohibition he did so.
In responding to the charges issued against him in this process, Mr. Palamara disputed the facts and the military jurisdiction over his case. However, military jurisdiction is typical in Chile for this type of case, so it was not unexpected that the military tribunal would keep its jurisdiction as it did.
As to the second process, Mr. Palamara was convicted for libel (desacato13) against the Navy Prosecutor to a suspended sentence of 61 days imprisonment. This process was started as a consequence of some statements of Mr. Palamara to the press following the seizure of the book ordered by the Prosecutor. Literally, Mr. Palamara said to the press that "there are reasons to assume that the Office of the Navy Prosecutor ("Fiscal�a Naval") forged legal documents and lied to the Court of Appeals when consulted about who had made the complaint that initiated the summary process as well as about the case number (...)."14
In the first instance, the military tribunal absolved Mr. Palamara of the charge of libel, noting that his statement had not been addressed to the Navy Prosecutor ("Fiscal Naval") nor to any individual, but to the Office of the Navy Prosecutor ("Fiscal�a Naval"), thus lacking a key element of libel. This resolution, however, was changed by the Martial Court in a divided decision, condemning Mr. Palamara to serve 61 days of imprisonment. Finally, the Supreme Court, also in a divided decision, confirmed the Martial Court's decision on July 20, 1995. This case was also brought before the Inter-American Commission on Human Rights, where it is pending. It is expected that the Commission will decide the case for Mr. Palamara, since the Commission has stated that desacato laws are incompatible with the American Convention on Human Rights.15
Up to date, Mr. Palamara's "Ethics and Intelligence" has not been published, although its contents do not even violate the harsh Chilean military standards. The judicial investigation was focused on the issue of the required authorization, while the issue of the book's contents themselves was placed in a secondary position.
B.公共管理
在智利，决定保密问题的是公共行政。乐动冠军没有传统将案件提交法庭提出关于这些事项的公共行政裁决的质疑。
The Regulations of the Administration (Estatuto Administrativo) establishes as an obligation for public employees to keep secret issues considered confidential by law, by executive regulations, by their nature or according to special instructions (Statute, art. 55). Public employees who do not comply with this obligation are administratively as well as criminally responsible. Penalties consist in the suspension from the position for up to 540 days and/or a fine; in the case of grave harm being done to the public cause (causa p�blica) as a consequence of the disclosure, imprisonmentfrom 5 years and one day to 20 years提供。
In addition to the severity of the potential penalties, it is surprising that no explicit warning of the confidential character of a document is required: a document may be confidential自然地，这是公共雇员仅通过检查就可以认识到这种机密特征的责任。共和国审计长已广泛使用“自然机密”类别，以使文件保持秘密。16
4. Permanent limitations on grounds of national security and public order.
除了对例外状态的规定外，智利立法还基于国家安全和公共秩序的理由建立了对言论自由的永久限制。在整个XX世纪，智利对此事有一系列法律。目前，这方面最重要的立法是法律o12,927, called Law on State Security ("Ley de Seguridad del Estado").
第12,927条法律于1958年颁布。在过去的四十年中，该立法受到许多转变的约束，并已在非常不同的情况下应用。特别是，军事政权将这项立法用作压制对手的关键工具，通过通过这项立法保护独裁制度来扭曲其目的。在过渡到民主的过程中，军事政权介绍了该法律的最镇压规定，17although a number of provisions introduced by the dictatorship are still in force. However, regarding freedom of expression the current regulations are basically the same that existed prior to the military regime.
The originally declared aim of Law 12,927 was to protect the democratic system. However, from the very beginning this legislation lacked enough consideration for human rights and, in applying it, the tribunals have expanded the limitations for rights that this law provides.
首先,它应该说,鉴于the traditional weakness of the Courts in Chile to confront issues of a political character, the fact that special legislation on national security remains without being incorporated into the Criminal Code, causes protection for human rights to continue to be insufficient. In fact, the Courts usually do not take the general principles of the Criminal Code into consideration when applying national security regulations.
One basic problem of Law 12,927 is that many of its provisions are vague and too broad. For instance, Article 4, which regulates crimes against Internal State Security, punishes a person who in反正attempts to act or in fact acts against the Established Government.
Secondly, Law 12927 is not clear enough in the protection of the democratic system, although this was reportedly its basic purpose. Many of its provisions refer to the protection of the "Established Government" ("Gobierno Constituido"). In Spanish, this is an ambiguous expression, which means both the political organization of the State and the Executive Branch of Power. Many provisions of the Law, including several concerning freedom of expression, use the words "Established Government", and the Courts have often considered only the situation of the Executive.
在应用国家交会法》的规定urity, the Courts have consistently declared that it is beyond their powers to determine whether national security or public order was indeed affected in a specific case. As a consequence, freedom of expression and other rights have been further limited. In regulating offenses against public order, Article 6 provides: "In the following cases an offense against public order is committed", and enumerates eight situations. This has led to a sort of unchallengeable assumption of criminal responsibility, despite the fact that public order may not have been actually affected in specific cases. The Courts have stated that "Article 6 of the Law [12,927] establishes that those who engage in any of the conducts that the law describes 'commit a crime against the public order'. In this way, it is the law itself that assumes that this crime causes a disturbance of the public order in some way. Therefore, it is not proper for the judge to rule contrary to the explicit wording of the law, which is clear, reaching a different conclusion by way of interpretation."18In a high profile case during the sixties, the defense of socialist Senator Carlos Altamirano, who was accused of advocacy of violence, alleged that his words were not able to cause harm to the public order; the Courts did not consider this argument at all.19
此外，智利法院未能针对国家安全和公共秩序案件执行《宪法》中规定的权利法案。《宪法》中包含的权利清单将为适当阅读法律提供指南；但是，法院试图实施国家安全和公共秩序法规，无论宪法背景如何，在这方面将宪法规范毫无意义。在针对阿尔塔米拉诺的案件中，法院裁定：“这是立法者的问题，他们颁布法律，而不是对法官的作用，其作用仅限于其申请，以保护这种权利[言论自由]”。20
In national security and public order cases which ended in a dismissal of the charges, the Courts have not changed this doctrine, but rather have made reference to legal technicalities to absolve the accused. This happened, for instance, in the caseAgainst Sergio Onofre Jarpaand others (1967), in which the board members of the Partido Nacional, a right wing Party, were accused of defaming the Christian-Democrat Government of Eduardo Frei Montalva. Jarpa and the other members of the Board were acquitted on grounds of legal technicalities, so avoiding the Court having to address the issue of freedom of speech clearly involved.21The same occurred in a case against the Director of the newspaper "La Segunda" in 1969: no references to freedom of speech were made.22
在军事政权期间，该立法被系统地用于压制反对派，在那个时期的法律第12,927条之后，尚未被广泛使用。但是，某些案件是在政治性质的情况下启动的。其中最受宣传的是1995年对弗朗西斯科·哈维尔·库德拉（Francisco Javier Cuadra）的指控，后者是军事政权的前部长，他公开表示，有一些国会议员使用可卡因，拒绝识别它们。根据几乎一致的协议，众议院和参议院指控库德拉违反了国家安全法。
In the first instance, Mr. Cuadra was condemned to a suspended sentence for disturbing the public order. This decision was later revoked by the Court of Appeals, declaring that Mr. Cuadra's statements affected in no way the public order. The decision quoted the Minister of Interior, Mr. Carlos Figueroa, who said to the press before charges were presented against Mr. Cuadra that public order has not been affected. This opinions was relevant because the Minister of Interior is precisely the authority whose role is to protect public order.
Apparently, the Court of Appeal's decision was definitive, since Congress had just passed legislation restricting the access to the Supreme Court to reduce its docket of cases, and cases like Mr. Cuadra's should not be reviewed by the Supreme Court. However, the very same parliamentaries that had passed that legislation presented the Cuadra case before the Supreme Court. The Court found a very peculiar ground to reaffirm its jurisdiction over the case, stating that the legislation restricting its powers was partially unconstitutional. It was unprecedented for the Supreme Court to declare a law to be unconstitutional without a prior request by the complainant, as the Court did in this case. Of course, the parliamentaries could not make such petition of unconstitutionality, since they had just approved the legislation.
Finally, the Supreme Court condemned Mr. Cuadra in 1996 for an offence against public order, based on the doctrine that it is beyond its powers to determine whether or not public order has been in fact affected.
Ironically, one year later, Mr. Jos� Antonio Viera-Gallo, a member of the Socialist Party who as the President of the Chamber of Deputies had been one of the leaders of the accusation against Mr. Cuadra, was himself accused before the tribunals for an offence against public order by the Army Commander in Chief and former dictator General Augusto Pinochet, who invoked the same Law 12,927 on State Security applied to Mr. Cuadra. In a TV program, Mr. Viera-Gallo said in the context of a live discussion on corruption that during his government Gen. Pinochet "put his hands" ("meti� las manos"). This was interpreted by Gen. Pinochet as an accusation of corruption. The judicial proceedings were quickly closed after Mr. Viera-Gallo publicly apologized, stating that in no way was his intention to accuse Gen. Pinochet. As a result of this incident, Mr. Viera-Gallo changed his opinion about the State Security Law, saying it should be repealed.
另一个众所周知的案件是，社会主义党青年总统阿图罗·巴里奥斯（Arturo Barrios）先生说，皮诺切特将军是刺客。他因根据《国家安全法》违反了公共秩序而被定罪被判该案541天。Barrios先生目前正在假释，并将在美洲委员会提出投诉。
在一个非常类似的案件中，共产党秘书长格拉迪斯·马恩女士被皮诺切特将军指控根据国家安全法扰动他称他为刺客。然而，在政府当局介入后，皮诺切特将军撤回了指控。
A fourth case presented by Gen. Pinochet on State Security grounds, this time against Mr. Nolberto D�az, then President of the Youth of the Christian Democratic Party, ended up with a dismissal of charges. In a broadcasting program, Mr. D�az stated in 1996 that "they want us [the youngsters] to serve at the draft having the same elderly, former dictator, as the Commander in Chief of the Armed Forces."23He also said that he thought that links existed between Chilean army officers and the killing of a former Chilean Intelligence officer occurred in Uruguay, asking about the purpose of a trip made by Gen. Pinochet to Uruguay when a judicial investigation was being carried out. The judge in charge of the case against Mr. Diaz closed the case until sufficient proof is provided. The Court of Appeals confirmed this decision, and the Supreme Court refused to review the case arguing lack of jurisdiction in late 1996. The case has not been opened again.
当这个报告被认为在1998年初, TV comedian Rafael Gumucio and journalist Paula Coddou were charged under the State Security Law for an offence against public order. In responding to an humorous survey about the year 1997 prepared by Ms. Coddou for a magazine, Mr. Gumucio featured Mr. Servando Jord�n, who served as President of the Supreme Court over the year, as "old, ugly and with a turbid past" ("viejo, feo y con un pasado turbio"). It has to be noted that while serving as President of the Supreme Court, a motion for the impeachment of Mr. Jord�n was presented at the Chamber of Deputies on grounds of corruption and links with drug dealers. The petition for impeachment was denied by a very close margin.
在过渡到民主期间，在此案件和其他案件中使用法律12,927表明，其适用趋势基本上与独裁统治之前的民主时期相同，也就是说，与国家安全和公众有关保护人权，尽管不再用作系统性镇压的机制，但该立法仍然是限制言论自由的强大工具，超出了宪法和国际人权条约所施加的限制。24
5.使用军事法院尝试涉及平民的案件
在过渡到民主期间，军事司法系统并未经历重大转变，目前未能符合法治标准。在过去的几年中，进行了一些孤立的改革，但军事法庭在各种案件中仍然具有管辖权，包括许多涉及平民。这些包括关于言论自由的案例。军事法庭缺乏独立性以及对被告权利不足的严重问题。
1991年对《军事法》介绍的一项改革减少了军事法院关于言论自由的管辖权。由于这项改革，军事法庭在涉及被指控诽谤或诽谤军事人员或警察的平民的案件中不再有能力。
However, by different means, the military courts have managed to circumvent this restriction. The best-known case in this regard is that of Hector Salazar, a human rights lawyer, who was accused for charges of improper sedition ("sedici�n impropia") and submitted to military jurisdiction in 1994. Mr. Salazar was at that time the lawyer representing the relatives of three members of the Executive Committee of the Communist Party assassinated by Carabineros (police officers) in 1985. A civilian judge condemned several police officers to life imprisonment for assassination and declared that General Rodolfo Stange, director of Carabineros had obstructed the investigation by recommending his subordinates to lie to the judge. The Government then repeatedly and publicly called Gen. Stange to resign from his position, but he refused.25The civilian judge sent the documentation on Gen. Stange's obstruction of the investigation to a military tribunal.
In this context, attorney Salazar declared to the television: "I ask any Carabinero of Chile if he/she is in a position to obey an order given by general Stange, risking, like others have already risked, life imprisonment."26Mr. Salazar was referring to Gen. Stange's intervention in the case of the triple assassination. As a consequence of his statements, charges against Mr. Salazar were issued by a military prosecutor for improper sedition, an offense defined by the Military Code in article 276 as "the induction to any disturbance or disorder, either orally, in written or by any other means, or the transmission of ideas to the troops intended to cause them annoyance or lack of enthusiasm in the [military] service, or to encourage gossip about the service." For civilians, the penalty ranges from 61 days to five years of imprisonment.
武术法院在一项分裂裁决中确认对萨拉萨尔先生的指控证实，三名军官投票支持这些指控和两名平民法官以驳回他们。在最高法院，最初有一条领带，其中三名法官（包括陆军的代表）维持指控，另外三个驳回了指控。没有一方都对他们的动机进行深入的争论，只是说证明足以指控萨拉萨先生（投票支持该决定的三位法官），而证据还不够决定）。为了打破领带，代理最高法院总统被要求投票，他决定被解雇，理由是，萨拉萨尔律师的表情不适合引起卡拉贝纳罗斯的烦恼或缺乏热情，因为共和国总统公开要求斯坦奇将军与相同的事实辞职（民事法官宣告斯坦奇将军阻碍了对暗杀的调查）。
In any event, this case showed the broad spectrum of the military jurisdiction and its impact on freedom of expression.27
6. Conscientious Objection
In Chile, conscientious objection does not exist in the legislation, neither on religious or any other grounds. Recently some debate has arisen about the possibility of establishing a system parallel to the draft, but it is not envisioned that reforms on this matter will take place in the near future. Indeed, the Committee of National Defense of the House of Representatives, on national security grounds, voted unanimously against this reform.
Jehovah's Witnesses are in a particular position regarding the draft. Although a special exemption does not exist for them in the law, in practice, following an informal process of selection, Jehovah's Witnesses are usually not recruited into the military because of their beliefs. The same applies to those who are in the process of becoming priests.
7. Conclusion
A non-democratic concept of national security has been widely used in Chile to restrict freedom of expression and access to information. This situation was seriously aggravated during the military regime, and some legal provisions dating from that period are still in force. The deficiencies of legislation are not overcome by judicial supervision. As said above, when dealing with national security problems judges tend to use laxer legal criteria than those normally used.
在不久的将来修改相关立法的可能性很少。军方维持重要的政治权力，并且由于在政府从皮诺切（Pinochet）将军转换为艾尔温（Aylwin）总统之前制定的法律，国会并不反映支持政府支持政府的政党联盟在民意调查中获得的大多数人。只要这些因素不变，该领域的立法肯定会保持原样。
除了军事问题外，似乎还有某些遍布智利文化的专制组成部分，这给发展民主的国家安全概念带来了更多的障碍，与保护自由的言论自由兼容。因此，为了克服当前的限制，我们不仅必须拥有政治意志，而且还必须具有文化转变。
In this sense, perhaps a cause for hope is that Chile has become a party to several human rights treaties. Important ones are the American Convention on Human Rights and the International Covenant on Civil and Political Rights, since Chile may now be subject to the scrutiny of the Inter-American Commission and Court of Human Rights and/or of the UN Human Rights Committee. Opinions and decisions of these organs would significantly aid those who are committed to the task of eliminating both the authoritarian elements of Chilean culture and the legacy of the military regime.
2In a speech on the occasion of the third anniversary of the coup, General Pinochet stated that "National security emerges as a concept oriented not only to protect the State's territorial integrity, but also-- and particularly-- to defend the essential values constituting the national soul or tradition, because otherwise the very same national identity would be destroyed."El Mercurionewspaper, September 12, 1976. For further analysis on the national security doctrine under the military regime, consult Felipe Gonz�lez, Jorge Mera and Juan Enrique Vargas,protecci n demota de la seguridad内部：(Programa de Derechos Humanos, Universidad Academia de Humanismo Cristiano, 1991), pp.141-221.
3The current Constitution entered into force in 1981, that is, during the military regime. Subsequently, it has been reformed in several matters.
4This reform was introduced as a result of an agreement between the military government and the democratic opposition and approved in a Plebiscite.
5"El ejercicio de la soberan�a reconoce como limitaci�n el respeto a los derechos esenciales emanados de la naturaleza humana. Es deber de los �rganos del Estado respetar y promover tales derechos, garantizados por esta Constituci�n, as� como por los tratados internacionales ratificados por Chile y que se encuentren vigentes."
6This case was highly disputed, since the recorded conversation consisted in a discussion in a crude language between a potential presidential candidate, Senator Sebasti�n Pi�era, and a journalist to harass Evelyn Matthei, another potential presidential candidate of the same party, on issues about which she might be inconsistent, such as a draft legislation on divorce. Ms. Matthei obtained the tape from an army telecommunications officer and handed it over to Megavision's President, Ricardo Claro. The army officer later argued that he had recorded the conversation at random. As a result of this scandal, both Mr. Pi�era and Ms. Matthei withdrew from the presidential race. Proceedings were addressed against the TV network, and no charges on personal liability were pursued against Mr. Claro. See红色Televisa Megavisi�n S.A. con Consejo Nacionalde Televisi�n, S.Ct., March 18, 1993, upholding the decision of the Court of Appeals of Santiago of November 18, 1992.
7西班牙语中的原著如下：esta constitucin。”
8鉴于国际人权条约已成为智利宪法的一部分，可以断言上述有关例外状态的国内规定自动被自动失去了。但是，到目前为止，这个问题尚未提交法庭，这种矛盾的情况仍然存在。9According to art.70-A of the Military Code, in cases under military jurisdiction, the Legal Counsel of the Army integrates the Supreme Court, regardless the presence of militaries or civilians among the parties to the process.
10此外，还有第三项指控，帕拉马拉先生被军事法庭定罪，但后来被武术法院和最高法院宣布无辜。这项指控是为了公开批评海军与禁止出版这本书有关的指控，尽管警告不要公开公开这种批评。
11The original in Spanish reads as follows:
"Igualmente estar� prohibido publicar, directa o indirectamente, art�culos que se refieran a asuntosde Car.cter Sectero，Reservado o认可, temas pol�ticos o religiosos u otros que puedan dar margen a una pol�mica o controversia en la cual se pueda ver envuelto el buen nombre de la instituci�n.
“ Teniendo en Cuenta las las restricciones，el el de la rarmada podr hacer hacer publicaciones a la prensa，t t t t t t t t t t t t t t t t. t. t. t. t. the previo conocimiento y autorizaci.n de su su comandante o de la autoridad autoridad autoridad naval victente。
“ En tiempo de Guerra o Cuando las Circunstancias as la exijan，la comandancia en jefe de la armada podr o susteender o limiter esta autorizaci.n''。
13在智利，与大多数拉丁美洲立法一样，“ Desacato”是指对任何国家当局的蔑视或诽谤。
14Newspaper "La Prensa Austral", May 7, 1993.
15See Inter-American Commision of Human Rights, Report on the Compatibility of "Desacato Laws" with the American Convention on Human Rights (Annual Report 1994) OEA/Ser.L/V/II. 88, Doc. 9 rev., 17 February 1995 at 197.
16共和国的一般构成（相反。关于机密性的原因，请参见dictamen no50.907 of 1978, Dictamen No30.790 of 1989, Dictamen No28.977 of 1993, and Dictamen No1994年20月20日。
17例如，军事政权构成了针对公共秩序的新罪行，包括“在没有授权的情况下促进或煽动公众和集体示威，并促进或煽动任何其他允许或促进公众镇定骚扰的其他性质”。罚款到五年（战争时期最多20年）。根据这项立法，该政权对未经授权行动的人进行了惩罚。必须指出的是，到那时，政府对是否要签发许可证，实际上是在成立本法案之日起犯罪的日期，已经是对反对派的示威许可证的发布只有一次. Concerning the disturbance of public tranquility, through this provision the Government was trying to make its opponents responsible for the violence that they themselves were victims of during the demonstrations, coming from military and paramilitary groups.
18Against Jose Antonio G�mez，Revista de derecho y Jurisprudencia，T.Lxix，2a p。，secc。4a，pp.4 ss。何塞·安东尼奥·加米兹（Jose Antonio G.Mez）是左派报纸“普罗·智利”的董事。反对他的过程发生在军事政权之前。该法学在许多情况下都得到了重申。
19反对卡洛斯·阿尔塔米拉诺（Carlos Altamirano），Revista de derecho y Jurisprudencia，T.LXV，2A。Parte，Secci.n 4a，9 ss。另请参见Revista de derecho y Jurisprudencia，T.Lxiv，2a Parte，scici n 4a，272 ss。
20“Incumbe al legislador格言拉雷,y没有juez, que se limita a aplicarla, precaver que aquella garant�a no sea desvirtuada injustificadamente."
21See Revista de Derecho y Jurisprudencia T.LXIV, 2a parte, secc. 4a, 266 ss., and T.LXV, 2a parte, secc. 4a, 95 ss.
22See Revista de Derecho y Jurisprudencia T.LXVI, 2a parte, secc. 4a, 302 ss.
23Mr. D�az words in Spanish were as follows: "Pretenden que ahora hagamos el servicio militar teniendo al mismo anciano, ex-dictador, como Comandante en Jefe de las Fuerzas Armadas."
24For a more detailed revision of the jurisprudence on national security and public order in Chile, see Gonz�lez, Mera and Vargas,protecci n demota de la seguridad内部：(cit).
25根据现行的宪法，行政人员无权撤职军事政权的遗产和卡拉比诺罗斯的总司令。
26In Spanish, "Yo le pregunto a cualquier carabinero de Chile si est� en condiciones de cumplir una orden emanada del general Stange, corriendo el riesgo, como lo han corrido otros, de enfrentar cadena perpetua."
27必须指出的是，最终没有针对普通的施泰省发出指控。但是，萨拉萨尔律师的陈述是在斯坦格将军局势不确定的同时发表的。大约一年后，斯坦奇将军辞职，明确表示这是他的决定，他没有遵守政府命令。