#CuraumaCase / The Curauma Case and the Social Right to Information

The Curauma Case and the Social Right to Information

By Arístides Tongue
www.desenfoque.cl / Chile / August 28, 2024

For years, the international community has recognized the right to information as a core component of democratic systems. It is closely linked to the promotion, protection, and enjoyment of human rights, and is intertwined with freedom, democracy, equality, and the right to effective citizen participation in decisions that directly affect them.

On November 17, 2015, UNESCO declared September 28 as International Day for Universal Access to Information. The right to internet access was recognized as a human right by the UN on July 4, 2018, emphasizing that new information and communication technologies are key elements in the promotion, protection, and enjoyment of human rights. The UN General Assembly further solidified this by declaring September 28, 2019, as International Day for Universal Access to Information.

Universal access to information means that everyone has the right to freely receive, seek, and disseminate information. This is an integral part of freedom of expression. In terms of expression, the media serves as an indispensable platform for providing information to citizens. The ability of the media to inform is determined by its editorial line or focus and its capacity to seek, receive, and disseminate information, whether its own or from others. Thus, universal access to information is also tied to freedom of the press, which in a democratic society obliges public information media to maintain a balanced editorial policy, focusing not only on their own interests but also on the public interest. Authorities must promote this right to diverse perspectives, with the only requirement being adherence to the law.

The Curauma Case, involving the insolvency and bankruptcy of a project with enormous social, economic, and financial significance for the entire Valparaíso Region, Chile, and even for the country due to its urban design, is a paradigmatic example of an information blackout in Chile. This bankruptcy process is fraught with serious allegations of manipulation of substantial pre-trial aspects and potential corruption. Despite its evident public interest, it has been shrouded in an inexplicable news blackout for over 10 years, particularly by major media outlets and specialized press.

Linked to Chilean entrepreneur Manuel Cruzat Infante, one of the iconic businessmen of the economic model generated in the 1970s and 1980s, the Curauma Case raises reasonable doubts about the willingness of the national business community to avoid detestable practices of malicious manipulation in commercial and financial business behavior, when such practices erode the very essence of a free-market and fair competition society. Plagued by administrative irregularities in the appointment of the bankruptcy trustee and other administrative aspects, as well as in the manipulation of the judicial case distribution system, little has been investigated. There are also administrative omissions and failures of regulatory oversight by bodies such as the Chilean Financial Market Commission (CMF), the Superintendence of Insolvencies, and the creditor General Treasury of the Republic, which have never been clarified.

These facts are risky for anyone, especially financial operators, making it inexplicable that the national business community has refrained from commenting, informing, or pushing for greater transparency. This silence has contributed to legitimizing potentially criminal legal actions and eroding public trust in regulatory mechanisms and the efficient functioning of the free market in the country.

Recent articles analyzing both the arguments about the irregularities repeatedly raised by Manuel Cruzat Infante and new investigations have built compelling evidence of the possible manipulation of the algorithm used by the Administrative Corporation of the Judiciary (CAPJ) to assign cases entering the judicial process, selecting courts favorable to the interests of certain actors. This should be thoroughly investigated by the Public Prosecutor's Office, as confirmation of such manipulation would cause immeasurable damage to the civil rights of the entire national community and to the prestige of Chile's rule of law.

The words of Chilean lawyer Pablo Rodríguez Grez, published in El Mercurio on Sunday, July 14, 2024, still echo in the halls of the Supreme Court, the superior body of the CAPJ: "I have a very good opinion of one or two of the Supreme Court justices and a very poor opinion of the others" and "I think no one would bet a cent on the luck of Chile's judiciary." This seems like a harsh judgment, even for a Supreme Court in crisis and paralyzed.

Despite the administrative and non-judicial consultations and protests arising from the Curauma Case, the Judiciary has maintained a hermetic silence for over ten years. It has not provided satisfactory public explanations or taken visible actions to investigate and correct the possible irregularities. Such silence or omission could be interpreted as a bias in protecting those involved, thus avoiding a public scandal that could erode confidence in the judicial system. Unfortunately, it also reflects an institutional culture that does not prioritize essential democratic values, such as transparency and accountability, within a branch of government.

Meanwhile, the media, in its general editorial inclination, has the duty to scrutinize the actions of the branches of government, in addition to informing the public in a balanced manner about matters of public interest. The lack of coverage of the Curauma Case and similar cases that have been revealed represents a failure in this role, leaving citizens without crucial information about possible acts of corruption that threaten even the constitutional rights of citizens and national security.

It is worth asking, then, if faced with breaches of the social right to information, universally enshrined as such, the only recourse for affected citizens would be to turn to international bodies to seek redress.





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