Justice without Time Limits—The Impact of International Law on Chilean Case Law on Reparation in Relation to Crimes Committed during the Dictatorship
摘要
The purpose of this chapter is to examine the role of international human rights law in Chilean case law concerning civil claims for crimes committed during the Augusto Pinochet dictatorship (1973–1990). Due to the inadequacy of reparations granted by the Chilean governments and legislation, victims have taken their struggle to the courts demanding compensation. The case law on this problem has gone through various stages. One of the significant obstacles overcome was the application of the statute of limitations. Indeed, international human rights law provided the main arguments for national courts to conclude that all claims derived from crimes against humanity are not subject to the statute of limitations, regardless of their nature. The fight for the satisfaction of the right to reparation continues, with recent judgments from the Inter-American Court of Human Rights having important implications for Chilean case law. The chapter analyses a local experience in which the application of international human rights law has made progress toward achieving justice, truth, reparation, and guarantees of non-repetition. This experience can offer benefits for implementing similar strategies in transitional contexts that share characteristics with Chile's transitional process.