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CHILE MODERNIZES ITS JUDICIAL SYSTEM SANTIAGO, CHILE -APRIL, 1998. The strengthening of judicial systems is one of the topics that will be discussed by participants of the Second Summit of the Americas, within the overall framework of preserving and strengthening democracy and human rights. Chile has already begun a deep reform of its judicial system. SANTIAGO, CHILE -APRIL, 1998. The 34 countries that will attend the Summit in Santiago agree that the consolidation of democracy, as the best form of government, and that economic and social progress are priority tasks. They also believe that in many countries of the region, the judicial systems in practice do not respond to the current needs. The citizens deserve an access to an impartial, equitable, efficient, and transparent justice system, that provides legal security and a fast response when faced with the requirements of such a system. These are conditions essential for the establishment of the rule of law and of a strong confidence in democracy and its institutions. The participants in the Meeting of Governmental Experts on Justice in the Americas, which took place in Santiago in January of this year, recommended that "in order to consolidate their projects for development, the countries of the region need to reform their legal institutions." Chile has already begun this process. On September 8, 1997, with the passage of the constitutional reform created by the Public Ministry, the first step was taken in the so-called Great Justice Reform of Chile. Its objective is to put all the judicial institutions of the country on par with the level of development experienced by the country in its political, economic, technological, cultural and social spheres. The Penal Process The basic structure of the current penal system dates back to 1907, and its inspiration is medieval, as stated by Justice Minister, Soledad Alvear. Multiple studies have shown that it tends to penalize the most vulnerable sectors of society, and it does not always give the guarantee of due process according to law. Also, prison is used as a preventive measure, substituting actual sentences, because of the inefficiency of the system. In the last two decades, those with actual criminal sentences have never equaled more than 49% of the people in prison. In June, 1997, of the 23,461 people in prison in Chile, only 10,692 had received criminal sentences, while 10,967 were being processed, and the rest were simply under arrest. The most important change will be in the separating the functions of investigation and judgment, which in the current system are both entrusted to a single person, the Criminal Judge. The Public Ministry will be an autonomous institution (not inserted in any of the three branches of the State), and it will function as the public penal prosecution. Public prosecutors will have the ability to investigate crimes, direct and coordinate police personnel in the investigations they carry out, as well as prepare and formulate the criminal accusation made by the plaintiff before the Criminal Tribunals when necessary. The Public Defender will have the same importance and legal weapons to represent the interests of his client, in this case, the defendant. The Ministry of Justice is currently working on defining this position’s characteristics and attributes. Another change involves transferring the actual criminal judgment from a written form to an oral one. This judgment will then be delivered in one or more public forums. Legal Assistance The improvement in available legal assistance makes possible, for those without sufficient financial resources to afford legal services, or for those who live too far away from urban centers, can confront adequately the conflicts that may arise in social life. To this end, they have increased support to the four legal assistance entities that currently exist in the country, and that attend to more than 254 locations. Since it began in 1993, the Legal Assistance Program has performed its work through legal consultantships, as well as through fixed and mobile information centers, all of these services formed by lawyers and social workers. The mobile units (jeeps, pick-up trucks or specially conditioned offices) move around in order to attend to the most remote places of the intricate Chilean geography, sites mutually agreed upon with local officials. This Program also carries out important work through its radio programs. New prisoner policy Among the principal objectives of this new policy is the improvement of living conditions for the prisoners, and the creation of real possibilities for their future integration into society. To achieve this change, along with certain special programs, Chile is carrying out the most important investment in relevant infrastructure in its history. Between 1994 and 1997, the government assigned more than US$63 million to the improvement and construction of buildings and their respective facilities. They have also emphasized alternatives means by which the affected persons reinsert themselves into the working world. Alongside this measure, the government is looking for a growing and sustained participation of the private sector in the prison system, specifically in terms of job training and work opportunities. Families and children Other changes involved in the justice reform affect the family and children’s issues. Family conflicts show particular characteristics that clearly differentiate them from the patrimonial conflicts that ordinary courts are used to dealing with. For that reason, the creation of Family Tribunals is an important step. Judges will have access to the advice of social workers and psychologists, whose function will be to deliver the elements necessary for a satisfactory solution of the conflicts, in which there is a mix of feelings, fundamental rights and patrimonial aspects. In terms of penal procedures for minors, significant steps have already been taken, such as the construction of 21 youth centers exclusively for children and teenagers. Until some time ago, many young people were jailed in the same prison areas as adults. Sometimes this occurred as a preventive measure, but it often ended by placing them with persons who had a long criminal history. Now, it is prohibited to jail minors under 16 years of age. Those youth between 16 and 18 years old, to be jailed for their crimes, are sent to special sites. Also, the Ministry of Justice prepared a bill on youth responsibility, based on the principles of the UN Convention on Children’s Rights. Judicial Sphere The modernization of the Judicial Branch is fundamental for the success of this reform. An important change has been the increase from 17 to 21 ministers of the Supreme Court, and the passage from a bilateral system of designation – made up by the Executive Branch and the Supreme Court - to a system in which all three branches of the State participate. The Supreme Court presents five presidential candidates for the high court, the President chooses one of them, and the Parliament either approves or rejects the choice. This measure, aside from reinforcing its legitimacy within the democratic system, also allows this Branch to create the objective conditions for transparency of the naming process. The budget of 1997 was 152.35% higher than that of 1990. The new resources allowed the installation of 44 new tribunals. This year it is hoped that another four will open, along with general infrastructure improvement and the massive installation of computers. The Judicial Academy was also created and put to service, an institution specially dedicated to training lawyers who have recently entered into the Judicial Branch, and to judges who give courses in their respective regions. It also offers a program of perfection for employees and magistrates of the courts, as well as another for judges who wish to apply for the positions of Minister or Prosecutor for the Court of Appeals. Dependent Services To quicken the attention to clients of dependent entities, measures such as the improvement of the Legal Medical Service and the Civil Registry and Identification Department have been taken. Between 1990 and 1997, US$159.2 million were designated to those institutions and to the construction of new adult jails and new facilities for the National Service of Minors, which provides services to orphaned children and young people, as well as to those in situations of extreme poverty. "This project is, perhaps, the most profound effort of State modernization that Chile has experienced in many years, as it mixes in a coherent and systematic way the efficiency of the institutions with the promotion and vitalization of citizens’ rights and guarantees," Minister Alvear affirmed. The principal areas of interest to Chile with respect to the Plan of Action on Justice that will be agreed upon at the Second Summit of the Americas are:
For more information, contact: Ana Mar�a Ojeda
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