Juan Guzmán, “The Chilean Dictatorship and the Judiciary.” California Western International Law Journal, Vol. 44, No. 2 (2014): 207-216
Summary: The Chilean judiciary was considered to be traditionally independent up until 1970, when Salvador Allende was elected President of the country. But during Allende’s government the judiciary started to lose its objectivity and independence. During the military dictatorship that took place from 1973 until 1990, the judiciary had no independence at all. Today, the judiciary is divided in its decisions regarding the crimes perpetrated by Pinochet, members of the armed forces, and other state agents during the military dictatorship. In a dictatorship or a totalitarian government, all the state powers are concentrated in the same hands. But, as said above, in Chile, the judiciary was not dissolved during the dictatorship. At the same time, it was composed by professional judges, and the justices that sat at the Supreme Court were at the last stage of a long career. If they would had adopted a firm position, defended the people’s civil rights, and performed their task according to their oath, many lives would have been spared and hundreds of thousands of people would have suffered less.