The Concepción Court of Appeals accepted a protection appeal filed by Radio Bío Bío against the Substitute Guarantee Judge of San Pedro de la Paz, Juan Esteban Muñoz, who prohibited reporting the names of businessmen charged with fraud related to the theft of wood.
With this measure, what was dictated in court on September 27, 2022, where violated the freedom to express an opinion and inform and the free exercise of journalism.
The foregoing occurred at the formalization hearing of the former executives of Forestry Innovations, Eduardo Ugarte Ronzier and Renato Pinto Delgado, accused of set up a chain of commercialization of wood, with which a fraud for five billion pesos was carried out to his own company, factorings and to the Internal Revenue Service (GIVE).
In said instance, on September 27, the prosecutor, Marcela Barahona, filed charges for fraud, misappropriation and falsification of private instrument against Ugarte.
Judge Juan Esteban Muñoz, violated the freedom to inform
At the hearing, the judge prohibited reporting the names and spreading the faces of Eduardo Ugarte Ronzier and Renato Pinto Delgadodespite the fact that these are investigated for at least half a dozen causes.
“Face images may not be shown, what this court adds cannot expose the name, only the initials of the people who are being charged”said the judge.
The above, without any defense attorney or plaintiff requesting it.
Given this measure, the journalist from Radio Bío Bío, Fabián Polanco, told the judge that the names of the defendants have been informed for monthsto which Muñoz, in response, ordered the professional’s microphone to be silenced.
Appeals Court rules in favor of Radio Bío Bío
Following the violation of Article 19 No. 12 of the Political Constitution of the Republic and Article 13 of the American Convention on Human Rights, which guarantee freedom of expression and exercise of journalismRadio Bío Bío filed a protection appeal, which was accepted by the Court of Appeals.
This November 17, the appeal court issued a ruling in favor of the legal action presented by La Radio, where the illegal act of the judge was confirmed.
“The questioned judicial decision not only flagrantly violates the constitutional mandate already mentioned, provided for in article 19 No. 12, which prohibits prior censorship, by establishing the appealed magistrate a priori a prohibition for the media to disclose certain information, which of course deserves declare the illegality of the act of said judgebut his illegality also occurs when violating Law No. 19,733, On Freedom of Opinion and Information and the Practice of Journalismwhich also prevents prior censorship of the social media,” the ruling emphasizes.
The judge’s action was not only illegal and arbitrary, but also exceeded all legal parameters listed in the appeal.
The judge has a period of 5 days to appeal the ruling, this is until Wednesday, November 23.
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