Administrative Probity, Terrorism, and Chilean Nationality Laws
Administrative Probity and Transparency
State administration officials must adhere to the principle of administrative probity, governed by specific laws. Public functions should be exercised transparently, clarifying procedures, content, and justifications for decisions. Administrative acts and supporting documents are essential for this transparency. Any person can challenge administrative probity through proper channels.
Terrorism as a Scourge
Terrorism is a severe threat, causing fear and panic to undermine authority or achieve political goals. Its methods are often cruel and savage, victimizing innocent people. Modern terrorism is often internationally organized.
Charter 80 and Terrorism
Section 9 of Charter 80 declares terrorism, in any form, as inherently contrary to human rights. A quorum law defines terrorist acts and penalties. Those responsible face disqualification from public office, educational roles, and media positions for fifteen years.
Law 18314 and Terrorism
Law 18314 of 1984 defines terrorist behaviors and sets penalties. Sanctions include disqualification from various roles. These crimes were initially considered political, not common, and were not eligible for pardons except for commuting the death penalty to life imprisonment.
Terrorism and Pardons
Law 19055 of 1991 allowed general pardons and amnesties for terrorist offenses. Before 1991, this was not possible. The presumption of innocence now applies, and all terrorist crimes are punishable by imprisonment. Article 19 No. 7, letter e) applies the same standard as ordinary crimes in the first instance, but the second instance has special regulations, including unanimous decisions for liberty resolutions and surveillance during pre-trial freedom.
Chilean Nationality and Citizenship
The Constitution of 1822 regulates nationality and citizenship. Historically, a large portion of Chile’s population was foreign-born, leading to specific regulations regarding nationality.
Acquisition of Chilean Nationality
Chilean nationality can be acquired through a citizenship card (Supreme Decree 5142 and Law 18005), no longer requiring renunciation of former nationality. Naturalization is available to foreigners over 21, with five years of continuous residence and permanent residency. They must renounce other nationalities, formalized with the Ministry of Interior or relevant authorities. Children of naturalized Chileans can also acquire citizenship under specific conditions.
Dual Citizenship with Spain
Law 12548 of 1957 regulates dual citizenship with Spain, applying only to Chileans born in Chile.
Loss of Chilean Nationality
As of 2005, Chilean nationality can be lost for four reasons:
- Voluntary renunciation, effective only if the person has acquired another nationality.
- Supreme Decree for serving foreign enemies of Chile or its allies during wartime.
- Cancellation of naturalization papers due to misrepresentation or actions deemed unworthy.
- Reversal of nationality granted by grace.
Those who have lost Chilean nationality can only be rehabilitated by law.