Chile: compliance after kind reminders

Abstract

Chile has a quite positive record of compliance with decisions issued by the Inter-American Commission on Human Rights (IACmHR) and the Inter-American Court of Human Rights (IACtHR), despite the absence of a law on implementation. Nevertheless, several measures related to specific issues, namely amnesties, indigenous rights and military justice have not been implemented for years or even decades. Chile has recently adopted its first National Human Rights Plan, based on the recommendations of UN treaty bodies, the Inter-American System, and its national human rights institution. This should help bringing national legislation and practice in line with international human rights law (IHRL) before the ‘kind’ reminder by an international judgment. Despite a comparatively good record of implementation of international judgments, the country also lacks a consistent and efficient mechanism to apply IHRL in its domestic judicial decisions, both in the judiciary and in the Constitutional Tribunal. There are challenges especially with regard to the correct interpretation of IHRL by national courts, while its use has increased in recent years. Police violence during manifestations and riots after 18 October 2019 found strong criticism by international human rights bodies, with the IACmHR visiting Chile in January 2020. The report has not yet been issued. No precautionary measures were requested in the Inter- American System of Human Rights. Most claims on arbitrary detentions, inhuman treatment, torture, and disproportionate use of force are still pending in domestic tribunals or administrative justice.