A Lingering Legacy: The Ongoing Struggle for Justice in Chile

Amnesty International Report Highlights Lack of Progress in Chile‘s Police Reform and Reparations

Introduction

Amnesty International has recently released a report titled “Reform to move forward: Recommendations to reform Carabineros from a human rights perspective,” on the four-year anniversary of the social unrest in Chile. The report reveals that despite the repressive police response to the protests, there has been a lack of progress in the structural reform of the Carabineros, Chile‘s national police force. Furthermore, victims of human rights violations have yet to receive full reparations, and there continues to be impunity in the country.

Need for Structural Reform of Carabineros

Amnesty International emphasizes that reforming the Carabineros is essential to ensure non-repetition of the crimes committed during the social unrest. The organization calls for a profound and structural reform of the Carabineros, highlighting that its military nature and organizational structure hinder its ability to perform its functions effectively. The human rights violations committed by the Carabineros during the protests in 2019 demonstrated the urgent need for change.

The Role of Gabriel Boric’s Government

While Gabriel Boric’s government has announced some plans for policing, including regulations on the use of force, the structural reform of the Carabineros lags behind. Amnesty International expresses concerns about the government’s commitment to this issue, stating that doubts rather than certainties arise from its approach. The organization urges the government to understand the urgency of progress and to prioritize the deep reform of the Carabineros.

Limited Reparations for Victims

Amnesty International highlights the limited measures taken by the state to provide reparations to the victims of human rights violations during the social unrest. The absence of a comprehensive reparations policy is a concerning issue. The organization calls on the state to develop a public policy for comprehensive reparations based on international standards and ensure its implementation and continuity. This policy should be adequately funded and have transparent and participatory mechanisms for the input of victims.

Low Number of Convictions and Impending Statute of Limitations

The report reveals a disheartening reality, with only 0.2% of victims obtaining justice out of the 10,568 complaints filed. At present, there are merely 27 existing convictions related to human rights violations during the social protests. Time is running out, as the five-year statute of limitations for cases of police brutality approaches. This means that a significant number of cases will no longer be investigated once this period has passed. Amnesty International firmly rejects the use of the five-year period as a means for the state to evade criminal accountability.

Command Responsibility for Human Rights Violations

Amnesty International emphasizes the responsibility of senior Carabineros commanders for the human rights violations committed under their command. The organization argues that there is evidence to support charging these commanders for their actions and omissions during the social unrest. In accordance with international human rights law, the commanders had knowledge of the violations occurring, retained effective control over their units, and failed to take sufficient measures to prevent abuses.

Pursuit of Justice and Accountability

Amnesty International emphasizes the importance of the Prosecutor’s Office initiating criminal proceedings against the commanders, highlighting that this is a crucial step in ensuring accountability. It is essential, four years after the social unrest, for the cloak of impunity to be lifted and for justice to be prioritized.

Editorial: Urgent Need for Police Reform and Reparations in Chile

A Damning Report

The recent report from Amnesty International sheds light on the lack of progress in police reform and reparations in Chile. It is disheartening to see that four years after the social unrest, the victims of human rights violations have yet to receive full reparations, and the structural reform of the Carabineros remains inadequate. The high levels of impunity send a worrying signal to both the victims and society as a whole.

Addressing Structural Issues

The urgent need for a profound structural reform of the Carabineros cannot be overstated. The military nature and organizational structure of the institution have been identified as major impediments to its effective functioning. Without addressing these systemic issues, there is a risk of a repeat of the widespread human rights violations witnessed during the protests in 2019.

Comprehensive Reparations Policy

The limited measures taken by the state to provide reparations to the victims are deeply concerning. The absence of a comprehensive reparations policy undermines the trust of the victims and fails to provide them with the necessary redress. It is imperative that the state develops a public policy for comprehensive reparations, which should be adequately funded, transparent, and inclusive of the victims’ input.

Accountability and Impunity

The low number of convictions and the impending statute of limitations for cases of police brutality are alarming developments. Justice delayed is justice denied, and the victims deserve timely accountability for the crimes committed against them. The state must ensure that those responsible for the human rights violations are held accountable, regardless of their rank or position within the Carabineros.

Advice: Moving Towards Justice and Reform

A Call for Action

The Amnesty International report serves as a wake-up call for the Chilean government and society. Urgent action is needed to address the ongoing impunity and lack of progress in police reform and reparations. The following steps should be taken to move towards justice and reform:

Prioritize Structural Reform

The government must prioritize the deep and structural reform of the Carabineros. This involves reevaluating the institution’s military nature and organizational structure to ensure its proper functioning and respect for human rights. Consultations with civil society groups, human rights organizations, and international experts can provide valuable insights in this process.

Create a Comprehensive Reparations Policy

The state should develop and implement a comprehensive reparations policy based on international standards. This policy should ensure that all victims of human rights violations receive full and adequate reparations, including financial compensation, rehabilitation, and guarantees of non-repetition. The policy should be transparent, adequately funded, and provide mechanisms for the active participation of the victims.

Strengthen Accountability

The Prosecutor’s Office should promptly initiate criminal proceedings against senior Carabineros commanders who have been implicated in human rights violations. This step is crucial in demonstrating that impunity will not be tolerated and that justice will be pursued. It is vital to build trust in the justice system by holding accountable those responsible for the crimes committed during the social unrest.

International Support and Oversight

Chile should actively seek and welcome international support and oversight in the processes of police reform, reparations, and accountability. International organizations, such as the United Nations and regional human rights bodies, can provide technical assistance, monitor progress, and ensure adherence to international standards. Collaboration with international partners can help foster a culture of human rights and ensure that transitional justice processes are comprehensive and effective.

In conclusion, Chile must take decisive action to address the lack of progress in police reform and reparations. The government should prioritize the profound structural reform of the Carabineros, develop a comprehensive reparations policy, strengthen accountability, and seek international support and oversight. Failure to do so would perpetuate the cycles of impunity and deny justice to the victims of human rights violations. The time for action is now.

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