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AMENDMENT OF LAW NO 18415, CONSTITUTIONAL ORGAN OF THE STATES OF EXCEPTION

Original Language Title: MODIFICA LEY N° 18.415, ORGANICA CONSTITUCIONAL DE;LOS ESTADOS DE EXCEPCION

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The Board of Government of the Republic of Chile has given its approval to the following Draft Law. Constitutional Organic of the States of Exception: 1.-Substitute Article 1 ° by the following: " Article 1 °.-The exercise of the rights and guarantees that the Political Constitution assures all persons, can only be affected in the situations in which the latter authorizes it and provided that the states of exception are in force establishes. '; 2.-In accordance with Article 3, the final sentence' with the exception of those of prohibiting entry into the country of certain persons or of expelling them from the territory ', and the comma (,) to which the preceding sentence; 3.-delete in Article 4 °, the final sentence 'except that of prohibiting certain persons from entering or leaving the territory of the Republic', and the comma (,), preceding it; 4.-Substitute the first paragraph of Article 8 °, by the following: ' The states of constitutional exception shall be declared by supreme decree signed by the President of the Republic and the Ministers of the Interior and Defense National, and shall begin to apply from the date of their publication in the Official Journal. The states of assembly and disaster may be declared for a maximum period of ninety days, but the President of the Repubic may request again his extension or his new declaration if the circumstances that motivate him remain. The states of site and emergency shall be declared and shall be extended in the manner laid down in the relevant constitutional rules. '; 5.-Add in Article 11, the following second indent: " In no case shall this dissemination involve a (ii) discrimination between the means of communication of the same kind. '; 6.-Replace the first paragraph of Article 13, by the following: " The measures to be taken during the period of time, the states of exception may in no case extend beyond the validity of the '; 7.-Substitute Article 14 by the following:' Article 14.-The person concerned with the the measures of expulsion from the territory of the Republic or prohibition of entry into the country during the state of assembly, may request the reconsideration of the respective measure, without prejudice to the authority itself to leave it without effect in the ", and 8."-Replace the second indent of Article 16, by the following: " For the purposes of this law, understand by urban locality that which is within the urban radius in which you have your seat a municipality. ' JOSÉ T. MERINO CASTRO, Admiral, Commander in Chief of the Navy, Member of the Government Board.-FERNANDO MATTHEI AUBEL, General Air Force, Commander in Chief of the Air Force, Member of the Government Board.-RODolfo STange OELCkers, General Director, General Director of Carabineros, Member of the Government Board.-SANTIAGO SINCLAIR OYANEDER, Army Lieutenant General, Member of the Government Board. In the light of the provisions of Article 1 of the Art. 1 N ° 82 of the Political Constitution of the Republic, and because I have had to approve the previous law, I sanction it and sign it in sign of promulgation. Take effect as the law of the Republic. Register with the Comptroller General of the Republic, be published in the Official Journal and insert into the Official Collection of the Comptroller's Office. Santiago, 9 January 1990.-AUGUSTO PINOCHET UGARTE, Captain General, President of the Republic.-Carlos Cáceres Contreras, Minister of the Interior. What I transcribe to you for your knowledge.-Salute to you-Gonzalo García Balmaceda, Undersecretary of the Interior. CONSTITUTIONAL COURT Draft law amending Law No. 18,415, constitutional organ of the states of exception. The Secretary of the Constitutional Court, who subscribes, certifies that the H. Junta of Government sent the bill enunciated in the rubric to the end that the Court exercised the control of its constitutionality, and that by judgment of December 28 of 1989, stated that the provisions of the draft are constitutional.-Rafael Larraín Cruz, Secretary.