On August 15, the political scientist María del Pilar Peña D’Ardaillon and the deputy for the 23rd district, Andrés Jouannet Valderrama, presented a request for precautionary measures before the Inter-American Court of Human Rights (IACHR) against the State of Chile, for infringement of the political rights of the applicants and the final electoral roll (composed of 15,173,929 people), for the vote of the constitutional plebiscite cited for next September 4, 2022. According to those who subscribe to the document, citizens are being affected in their human rights by actions of state agents.
“In particular, those people who do not or would not agree with the demonstrations or public expressions that the government of the Republic of Chile has made, as will be indicated below. The foregoing, with the understanding that democratic States, as is well established in international instruments, must guarantee elections in equality and freedom, which means that it cannot be alien to any of the people that state agents from their positions can express their voting options, regardless of whether or not they are in accordance with their own”, Designates.
In 22 points, which include milestones such as the holding of the national plebiscite on October 25, 2020, the conventional elections in May 2021 and the delivery of the constitution proposal to President Gabriel Boric on July 4, the letter details the facts, in chronological order, that support the petition.
Later, it adds the reasons why the situation denounced is serious, urgent and requires precautionary measures to prevent irreparable damage.
“There is no doubt that it is serious that the President and officials of his government have repeatedly carried out a series of actions in favor of one of the options for the plebiscite. It should also be noted that these events have continued despite the investigations opened by the Comptroller’s Office. This means that the democratic process prior to the plebiscite is not being conducted in accordance with the standards of article 25.1 literal a), which provides for the right and opportunity of all citizens ‘ to participate in the conduct of public affairs, directly. [..]’, according to the requirements of subparagraph (b) when it refers to the ‘free expression of the will of the electors’. In this way, voters, regardless of their preference, are victims of pressures that affect their electoral freedom, equality and access to truthful and timely information,” the text states.
Urgent action
On the need to prevent irreparable damage, the document appeals that the violation has been continuous and permanent. “The establishment of precautionary measures would prevent such a violation from continuing to be repeated prior to the election. It is sought in this way that, at least, in the rest of the democratic process the political rights of the people who make up the final electoral roll are not restricted and violated and / or give rise to an affectation on the legality of the decision taken in the vote. This request essentially aims to ensure the due abstention of the government and its agents as an essential element, an obligation that emanates from what is indicated in articles 1.1 and 2 of the ACHR”.
And it concludes: “In coherence with the above, and given the gravity and urgency of the situation and the irreparable damage to the rights cited as violated, the Inter-American Commission on Human Rights is respectfully requested to know and process this letter in order to issue precautionary measures against the State of Chile. These measures should be aimed at ensuring that State agents refrain from promoting and disseminating all types of information that lead to generating a specific preference that affects the conditions of freedom and equality in the exercise of political rights in the democratic process cited for September 4, 2022. ”
Follow us on
