Civil Liberties scenario in Chile

Guarantees of free speech are respected in general, though some laws barring defamation of state institutions still remain on the books. Media ownership is extremely concentrated. Many journalists have reported facing assault and harassment, even at the hands of police. In May 2022, three journalists sustained injuries while covering a protest in Santiago, including late Francisca Sandoval, who was shot by gunmen who opened fire on the protest. Sandoval later died due to her injuries, becoming the first journalist to be killed in the line of duty after the end of Pinochet era. Pinochet era refers to authoritarian military dictatorship in Chile between 11 September 1973 and 11 March 1990. In this era the nation was ruled by a military junta headed by General Augusto Pinochet. The constitution grants religious freedom, and the government in general upholds this right in practice. Academic freedom is unrestricted in general. Chileans enjoy open and free private discussion and individuals are quite free to express their personal views on political or other sensitive issues without the fear of retribution or surveillance.

Traditionally, the right to assemble peacefully has been respected. Nevertheless, in 2019, Chile’s the then president Sebastián Piñera had himself acknowledged that the police committed “abuses” when dealing with mass protests against inequality. He had said “there was excessive use of force” in the police response. In a televised speech, President Piñera had acknowledged that “abuses and crimes were committed, and the rights of all were not respected”. The protests started originally over a rise in the fare of the metro in the capital, Santiago, but very quickly spread across the nation and widened into general protests against high levels of inequality, poor funding for education and the high price of health care. The protests left around 30 people dead and a trail of destruction around Santiago.

NGOs (Nongovernmental organizations) form and operate without interference. There are robust laws protecting worker and union rights, but some antiunion activities by private sector employers continue to be reported. The constitution provides for a free judiciary, and the courts are free from political interference in general. The right to legal counsel is guaranteed by the constitution, and due process prevails in general in both civil and criminal matters. However, needy defendants do not always receive satisfactory legal representation.

Human rights groups and the UN have panned the government’s use of antiterrorism laws (which do not guarantee due process) to prosecute acts of violence by Mapuche activists. While the government has developed mechanisms to examine and punish police abuses, excessive use of force and human rights abuses by the carabineros (the national police) is still very much prevalent.