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Original article: “Régimen constitucional autoritario”: diputados llevan reforma de Kast ante la CIDH

A group of opposition lawmakers has submitted a request to the Inter-American Commission on Human Rights (IACHR), asking it to comment on the constitutional reform project related to security proposed by President José Antonio Kast, which they categorize as a «constitutional authoritarian regime» that centralizes power in the Executive and undermines fundamental rights.

The document, signed by legislators Luis Cuello (PC), Lorena Pizarro (PC), Nelson Venegas (PS), Patricio Pinilla (DC), Daniela Serrano (PC), Juan Santana (PS), Bernardo Salinas (PC), Carlos Cuadrado (PPD), Nathalie Castillo (PC), and Jaime Bassa (FA), warns of the severe impacts this initiative could have on «democratic institutions and the effective exercise of human rights» in Chile.

According to the presidential argument, the reform aims to address «a particularly intense social concern regarding the state’s effective capacity to protect individuals from new manifestations of organized crime.» However, the lawmakers contend that the contents of the law exceed this purpose and venture into dangerous territory for civic freedoms.

Kast Could Declare a State of Exception for 240 Days Without Congressional Agreement

In the request addressed to IACHR President Edgar Stuardo Ralón Orellana, the lawmakers detail amendments to the Constitution outlined in bill 18597-07. Notably, this includes the establishment of a new state of constitutional exception for public security, which grants the President the exclusive authority to declare it and extend it for up to 240 days without Congressional approval, only requiring legislative approval starting from the third extension . During this period, the President could suspend or restrict personal freedom and mobility, the right of assembly and association, as well as intercept communications and seize property.

«The constitutional reform project presented by President José Antonio Kast’s administration has the potential to substantially alter the democratic regime,» emphasizes the letter, highlighting that the powers granted to the President lack proportionality with the declared purpose and violate the San José Pact of Costa Rica.

Persecution Against Any Discomforting Organization

Another critical point addressed in the request is the introduction of a new Article 19 No. 3, which mandates the law to establish «databases of criminal organizations whose inclusion will affect the determination of criminal responsibility of their members». The legislators report that this provision is vague and lacks clear conceptual boundaries, which could lead to extensive implications regarding the application of disqualifications for exercising human rights.

They also caution that the power granted to the President to declare an organization as terrorist or involved in organized crime «lacks factual requirements» and creates a highly discretionary scenario that «enables arbitrary decisions and institutional persecution against civil society organizations, political dissent, or any group deemed uncomfortable».

The legislators specify that the project permits the President to make such a declaration based on a secret report without input from the Public Prosecutor’s Office or the National Security Council, and with the approval of two-thirds of the Senate. They argue that this procedure «represents a judgment by bodies outside the judicial function, such as the President and the Senate, which disturbs the separation of powers» and violates due process, as affected groups would lack the right to defense. Furthermore, the generic reference to «an organization» creates «a permanent suspension of the right to association without the possibility of appeal», which poses a direct threat to free speech and political pluralism.

Threat to the Right to Life and Physical Integrity

Additionally, they question the creation of disqualifications for those convicted of organized crime or terrorist activities, which would last for fifteen years after serving their sentence to access healthcare, education, employment, and social security.

The deputies describe this measure as «a denial of the essence of human rights» and warn that it could set a grave precedent by excluding a group from the public health system, which «could pose a serious threat to the right to life and physical integrity» for those unable to afford private treatment. They stress that these disqualifications violate guarantees recognized in international treaties like the International Covenant on Economic, Social and Cultural Rights, which protect «all persons» without distinction.

The legislators also underscored that the reform violates the separation of powers by presuming judgment from bodies outside the judiciary and allowing a permanent suspension of the right to association without the possibility of appeal.

Kast’s Reform is Incompatible with a Democratic System

Finally, the request concludes that the constitutional reform pushed by President José Antonio Kast «is incompatible with a democratic system and seriously jeopardizes the protection of human rights,» as it enables a concentration of power contrary to the rule of law and the separation of powers, impacts the effective exercise of human rights, and ultimately «alters the nature of the democratic system by replacing its essential pillars with a constitutional authoritarian regime«.

Consequently, the lawmakers urge the IACHR to review the evidence and issue a statement, considering that the reform «may cause serious impacts on the effective exercise of human rights and on democratic institutions» .

La entrada Opposition Lawmakers Challenge Kast’s Constitutional Reform Before IACHR, Labeling It Authoritarian se publicó primero en El Ciudadano.