The Jurisprudence of the Inter-American Court of Human Rights on Transitional Justice Cases in Chile

The Demands of Justice and the Fight Against Impunity

Abstract

This article examines the jurisprudence of the Inter-American Court of Human Rights on transitional justice in Chile through six cases involving serious human rights violations committed during the military dictatorship. It analyzes how the Court’s judgments have contributed to combating impunity, consolidating conventionality control, and strengthening judicial guarantees by preventing the application of the Amnesty Law and other legal mechanisms incompatible with the American Convention on Human Rights. It also evaluates the extent to which the Chilean State has complied with the measures ordered by the Court, identifying significant progress, including the annulment of military court judgments, the evolution of domestic jurisprudence, and the recognition of the right to full reparation, while also highlighting persistent challenges related to delays in criminal investigations and the full implementation of international judgments. The study concludes that the Court’s jurisprudence has been a decisive factor in strengthening transitional justice policies and ensuring effective access to justice in Chile.