Claude Reyes v. Chile

Democracy Demands "Maximum Disclosure" of Information

Fundacion Terram is an environmental NGO that filed a request for information with the government of Chile about a major logging contract. The Supreme Court denied the request. That denial was challenged before the Inter-American Court of Human Rights, which held that Article 13 of the American Convention on Human Rights guaranteed the right to such information. (Keywords: Access to Information - NGOs)

Facts

In May 1998, members of the Terram Foundation, a Chilean environmental NGO, filed a request for information with the Chilean Foreign Investment Committee regarding a major logging undertaking, known as the Condor River project. Although the committee was required by law to vet and approve investors and gather relevant information, the requests were ignored and subsequent appeals by the victims were dismissed as “manifestly ill-founded,” in the words of the Chilean Supreme Court on July 31, 1998.

In December 1998, a number of South American rights groups filed a petition with the Inter-American Commission on behalf of the requestors. This was the first case before the commission involving the right of public access to state-held information.

The case has also had an important impact within Chile, where the departing government of President Lagos repealed a significant number of secrecy regulations and his successor, President Michele Bachelet, was able to secure adopted of a full-fledged access to information law, which entered into effect on April 20, 2009.

In March 2005, the Inter-American Commission decided in favor of the Applicants, recognizing a general right of access to government information under Article 13 of the American Convention. It also concluded that Chile’s Freedom of Information legislation falls short of Article 13 requirements.

In July 2005, following Chile’s failure to comply with the commission’s Article 50 report, the commission referred the case to the Inter-American Court.

Open Society Justice Initiative Involvement

The Open Society Justice Initiative, joined by four other groups, filed amicus curiae briefs in the case with both the commission and the court. Excerpts relating to Chile from Transparency and Silence, a Justice Initiative survey on governmental handling of information requests, were formally introduced as evidence by the applicants.

Arguments

Access to Information. The Justice Initiative argued that the “freedom to seek, receive and impart information and ideas” guaranteed by Article 13 of the American Convention includes a general right to access state-held information.

Exercise of the Right. Chile had not complied with its Article 1 and 2 obligations under the Convention to ensure the free and full exercise of that right within its jurisdiction.

Legal Basis. The denial of the requested information had no basis in law and amounted to a violation of the victims’ rights under Article 13.