Tuesday, July 23, 2024

Speed bump for reform in Chile

The Supreme Court of Chile has submitted its report on a bill to amend the Code of Military Justice, raising questions about the measure. Details here (use Google Translate). Excerpt:

For the plenary session of ministers, although the project is part of the efforts to restrict the jurisdiction of the military courts, the basis of the motion is incompatible with the purposes of supporting the exclusion of conscripts from the status of military personnel, as well as the establishment of a rule of jurisdiction based on this logic.

The Supreme Court notes that, given the above, the bill presents areas of concern that merit review, especially regarding the understanding of conscription as an eminently military quality, given the duties of obedience and discipline that assist conscripts and that are framed within the military legal system.

It also concludes that the motion presents systemic difficulties that render the proposal inconsistent, in the terms already elaborated above.

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