UN Report Calls for Reforms in Chile’s Judiciary Amid Concerns of Bias and Transparency

Despite these strengths, Satterthwaite's recent 10-day visit to the country revealed significant issues related to inequality and transparency in the justice system.

Chile's legal and judicial system is widely praised for its robust institutions and the independence of its judges, according to the UN Special Rapporteur on Independence of Judges and Lawyers, Margaret Satterthwaite. Despite these strengths, Satterthwaite's recent 10-day visit to the country revealed significant issues related to inequality and transparency in the justice system.

"During my visit, I encountered widespread concerns that there is a disparity in justice, with different standards for the wealthy compared to the poor," Satterthwaite said. She noted a strong consensus among stakeholders on the need to separate the Supreme Court's administrative and jurisdictional functions. Currently, the Supreme Court handles both the review of lower court decisions and oversight functions, including economic management and disciplinary actions for judges.

Satterthwaite called for judicial appointments to be based on merit, and for evaluation and disciplinary procedures to be transparent and supportive of judges' career development. She also urged the judiciary to address allegations of influence-peddling in key appointments and to enhance transparency in the appointment process for apex courts.

Chile faces unique challenges, including the rise of organized crime, climate pressures, and the impact of the extractive industries. Satterthwaite expressed concern that security issues could overshadow human rights obligations. She specifically called for the end of the state of exception in La Araucanía and the provinces of Arauco and Bíobío, emphasizing that justice should be central to resolving conflicts in these regions.

The Special Rapporteur highlighted issues such as harsh sentencing, discrimination in law enforcement, and imbalances in legal proceedings. She stressed the need to strengthen victim rights, ensure access to trusted counsel, and improve the equality of arms in the judicial process.

Satterthwaite welcomed the draft bill for a new national service for access to justice and urged swift adoption of this bill, as well as a new code of ethics for the judiciary and legal profession. She also called for progress on pending cases related to excessive force during the Estallido Social protests and human rights violations from the Pinochet era.

A full report detailing her findings and recommendations will be presented to the Human Rights Council in June 2025.