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Integrity Scorecard

2008 Assessment

Chile: Integrity Indicators Scorecard

Chile : Integrity Scorecard Report > Sub-Category: Rule of Law
Indicators		Score
77	Is there an appeals mechanism for challenging criminal judgments?	67
78	Do judgments in the criminal system follow written law?	100
79	Are judicial decisions enforced by the state?	50
80	Is the judiciary able to act independently?	100
81	Are judges safe when adjudicating corruption cases?	100
82	Do citizens have equal access to the justice system?	54

Indicator and sub-Indicator Details

Is there an appeals mechanism for challenging criminal judgments?

77a: In law, there is a general right of appeal.

Score:

YES

Comments:

References: Código de Procedimiento Civil, Título XVIII (ARTS. 186-230) De la Apelación

77b: In practice, appeals are resolved within a reasonable time period.

Score:

100

Comments: There are huge differences from case to case. CEJA reports that cases might take as long as 260 days.

References: Juan Jorge Faúndes, Coordinador Observatorio Ciudadano para el Acceso a la Justicia, NGO Forja, [ LINK ]; Centro de Estudios de Justicia de las Américas (CEJA), Chile Country Report, available online at [ LINK ]

77c: In practice, citizens can use the appeals mechanism at a reasonable cost.

Score:

100

Comments: Even in cases where pro-bono lawyers are available, the cost of paperwork associated with an appeal is prohibitive to low-class people. Middle-class citizens do not have access to free attorneys.

References: Juan Jorge Faúndes, Coordinador Observatorio Ciudadano para el Acceso a la Justicia, NGO Forja, [ LINK ]; Marcela Fajardo, Directora Ejecutiva, Fundación ProAcceso, interviewed on Oct. 24, 2008

Do judgments in the criminal system follow written law?

78: In practice, do judgments in the criminal system follow written law?

Score:

100

Comments:

Are judicial decisions enforced by the state?

79: In practice, are judicial decisions enforced by the state?

Score:

100

Comments: For civil penalties (when the individual is not jailed), it is very hard to get some judiciary decisions enforced. This is especially seen in cases pertaining to family matters.

Is the judiciary able to act independently?

80a: In law, the independence of the judiciary is guaranteed.

Score:

YES

Comments:

References: Constitución Política de Chile, arts. 76-82

80b: In practice, national-level judges are protected from political interference.

Score:

100

Comments:

80c: In law, there is a transparent and objective system for distributing cases to national-level judges.

Score:

YES

Comments:

References: Código Orgánico de Tribunales, art. 17, 3rd & 4th paragraph; art. 27 ter, h);

80d: In law, national-level judges are protected from removal without relevant justification.

Score:

YES

Comments:

References: Código Orgánico de Tribunales, arts. 332 & 333

Are judges safe when adjudicating corruption cases?

81a: In practice, in the last year, no judges have been physically harmed because of adjudicating corruption cases.

Score:

YES

Comments:

References: Sergio Campos, journalist and anchor of El diario de Cooperativa (radio program), interviewed on Oct. 21, 2008; Gustavo González, former director of Freedom of Expression Program, Universidad de Chile, interviewed on Oct. 23, 2008

81b: In practice, in the last year, no judges have been killed because of adjudicating corruption cases.

Score:

YES

$Scoring Criteria :: YES: A YES score is earned if there were no documented cases of judges being killed related to their involvement in a corruption case during the study period. YES is a positive score. NO: A NO score is earned if there were any documented cases where a judge was killed because of his/her participation in a corruption trial. The relationship between a mysterious death and a judge\'s involvement in a case may not be clear, however the burden of proof here is low. If it is a reasonable assumption that a judge was killed in relation to his or her work on corruption issues, then the indicator is scored as a NO. Corruption is defined broadly to include any abuses of power, not just the passing of bribes.$

Comments:

Do citizens have equal access to the justice system?

82a: In practice, judicial decisions are not affected by racial or ethnic bias.

Score:

100

Comments: There is a region in Chile where ethnic conflicts are very frequent. According to Faúndes, social pressures here might influence judiciary decisions when mapuches are on trial.

82b: In practice, women have full access to the judicial system.

Score:

100

Comments: There may be some bias against women.

82c: In law, the state provides legal counsel for defendants in criminal cases who cannot afford it.

Score:

YES

Comments:

References: Constitución política de Chile, art. 19, punto 3

82d: In practice, the state provides adequate legal counsel for defendants in criminal cases who cannot afford it.

Score:

100

Comments: The UDP Annual report says that Chile does not achieve international standards in access to justice, mainly because of insufficient budget assigned to this sector.

References: "Informe Anual de Derechos Humanos 2008", Universidad Diego Portales [ LINK ];

Atina Chile, Julio Argomedo, 09/28/2007, Reportaje: Acceso a la justicia en Chile. La pobreza que nadie conoce, [ LINK ]

82e: In practice, citizens earning the median yearly income can afford to bring a legal suit.

Score:

100

Comments: A study cited by Faúndes revealed that a trial costs around US$4,000. That is four times the salary of a middle-class worker.

82f: In practice, a typical small retail business can afford to bring a legal suit.

Score:

100

Comments: A study cited by Faúndes revealed that a trial costs around US$4,000. That is more affordable to a small business than to a person, but it is still very expensive.

82g: In practice, all citizens have access to a court of law, regardless of geographic location.

Score:

100

Comments: For inhabitants of rural areas, courts are far and trips involve high costs. It is important to consider that it also means asking for time off from work, which makes it all the more difficult. For people living in urban areas, courts are accessible.