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An “evaluation of the Chilean justice system in the face of human rights violations that occurred in the context of social protest” was carried out by the Justice Studies Center of the Americas (CEJA) – an organization belonging to the OAS. Among other aspects, there is talk of the weak role of the Public Ministry, giving as an example that after 14 months there are only formalized defendants in less than 1% of the cases.
Among the conclusions of the CEJA investigation, it is highlighted that the determining factors for the Prosecutor’s Office to initiate the investigations ex officio “have been pressure from the public through the media or through social networks.” The study also points to the existence of a general non-compliance with the principles of officiousness, timeliness, and thoroughness in investigations of “serious human rights violations.” This became evident after verifying that only 178 of the 8,827 investigations in the matter have been initiated ex officio by the prosecution.
From the CEJA they argue that the failings of the Public Ministry respond to “the non-observance of the obligation to initiate the investigation immediately, paying special attention to the preservation of the crime scene.”
The JSCA specifies that there is a deficiency in the principle of completeness that is “notorious”, given “the weak role of the Public Ministry guaranteeing an adequate collection of evidence at the crime scene”; among other elements.
The research carried out with the support of the Foundation for Due Process, the Center for Human Rights and the Legal Defender of the University of Chile, is decisive. And they add that the evaluation in relation to “the obligation to carry out the investigation within a reasonable period of time” is not good either. “After 14 months,” he explains, “there are only defendants formalized in less than 1% of the cases.”
As something positive of the Office of the Prosecutor, the study recognizes that there are good practices detected such as the establishment of extraordinary mechanisms for the reception of complaints by the victims or the dialogue with civil society organizations, through the specialized unit on human rights of the Ministry Public.
But, when addressing the performance of the Carabineros, the rating drops drastically. “One of the most critical elements in the functioning of the criminal justice system is the role played by the Chilean Police, a body to which a large majority of the agents investigated for serious human rights violations belong (92.8% of the total number of complaints registered by the prosecution) “.
CEJA identified delays in the delivery of information requested by the Public Prosecutor’s Office, obstructions to investigations, improper use of disciplinary procedures for delaying purposes or intimidation of witnesses, something that undermines the effectiveness of the investigations directed by the Public Ministry.
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