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- Title
A Human Rights Triumph? Dictatorship-era Crimes and the Chilean Supreme Court.
- Authors
Requa, Marny A.
- Abstract
This article assesses the dramatic shift in Chilean Supreme Court jurisprudence toward accountability for crimes committed during the dictatorship and sets it within the context of judicial reform and political change. Chile's experience has been identified as emblematic of delayed justice, but an examination of key case law identifies the narrow scope and instability of Supreme Court decision-making. The Court has been uncharacteristically assertive in its application of human rights norms yet vulnerable to external influences. The Chilean example underscores the need for political leadership to address past violations in post-conflict societies. Political inertia impeded justice claims and, as a result, change required significant judicial innovation.
- Subjects
CHILE; HUMAN rights; CHILE. Corte Suprema; CHILEAN politics &; government, 1973-; JURISPRUDENCE; CRIMINAL law; DICTATORSHIP; JUDICIAL reform; METHODOLOGY
- Publication
Human Rights Law Review, 2012, Vol 12, Issue 1, p79
- ISSN
1461-7781
- Publication type
Article
- DOI
10.1093/hrlr/ngr043