The recent Chilean experience of accountability, particularly the prosecution of direct perpetrators, has had to overcome various obstacles such as amnesty, statutory limitations, and the existence of a court addicted to the military regime. But, since 2015 the Chilean Constitucional Court began to emerge as a mechanism to obstruct the progress of human rights trials. This has been noted by the defenses, which have sent almost sixty cases to the tribunal. These cases have shown excessive delays, sui generis interpretations, a very low admissibility standard, and even interference with the faculties of the Chilean Supreme Court, being the most flagrant example the “Cerro Moreno” Case. This paper argues that this practice of the court, contradicting its resolutions of the 2005-2015 period, violates various international obligations, constituting a true mechanism of impunity, and will discuss the ways to overcome this.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand.Call For Papers and Panels