SANTIAGO - Chile has built a legal and judicial system that is widely recognised for its strong institutions, and Chilean judges enjoy a commendable level of independence, with minimal political interference, an independent human rights expert said today.
However, these achievements are marred by significant inequality that translates into unequal access to justice.
"Throughout my visit I heard that there is one justice for the rich and another justice for the poor in Chile," said the Special Rapporteur on Independence of Judges and Lawyers, Margaret Satterthwaite in a statement at the end of a 10-day visit to the country.
Satterthwaite identified a strong consensus among stakeholders that the administrative and jurisdictional functions for which the Supreme Court is responsible must be separated. Currently, the Supreme Court sits at the apex of a hierarchical system in which it simultaneously reviews the decisions of lower court judges and issues directives, provides economic oversight, and oversees the discipline and evaluation of those same judges.
"Judicial appointments should be linked to merit, while evaluation and discipline procedures should be based on clear criteria and support judges' career development," she said.
The expert also addressed recent allegations that key judicial appointments may have been subject to influence-peddling. "I call on the judiciary to address calls for greater transparency in appointments to apex courts. Investigations into allegations of influence peddling should come to fruition shortly and send a strong message about what principles the Chilean judiciary stands for," Satterthwaite said.
Chile is facing challenges that it has never faced before, such as the influx of organised crime, the pressures of a changing climate and the growing influence of the extractive industries, the Special Rapporteur said, encouraging all stakeholders to be vigilant about security concerns taking over all other debates in the country, to the detriment of its human rights obligations.
"The Government must end the state of exception in the region of La Araucanía and the provinces of Arauco and Bíobío in the Bíobío region," Satterthwaite said.
Justice should be one of the main pillars to any solution to the conflict. For that reason, the judicial system should be active in providing just responses to the claims that underpin the conflict in the region and should be provided the resources and support to provide adequate, culturally sensitive access to justice.
The expert said she was gravely concerned to hear about harsh sentences, discrimination in law enforcement and proceedings, and the inequality of arms.
"The rights of the victim, as well as the right to an adequate defence, including access to trusted counsel and to equality of arms must be strengthened in Chile," said the Special Rapporteur. "I welcome the draft bill on the creation of a new national service for access to justice and urge authorities to move forward on its adoption, as well as on the urgent adoption of a code of ethics for the judiciary and the legal profession," she said.
"I am also calling for progress on pending cases related to excessive use of force in the Estallido Social and grave human rights violations of the Pinochet regime," Satterthwaite said.
The expert will present a report on the visit, including her findings and recommendations to the Human Rights Council in June 2025.
