On the Reparative Effect of Civil Judgments in Cases of Gross Human Rights Violations in Chile

Abstract

Th is article explains the reparative eff ect that convictions of civil suits in cases of human rights violations could have for the victims and their families. Despite half a century having passed since the commission of crimes against humanity following the coup d’état of 11 September 1973, the search for justice continues to be a longing in a total of 2,040 pending (criminal or civil) cases before the Chilean courts. It is argued that the traditional reparation mechanisms of civil liability should be supplemented by other reparations of a symbolic or expressive nature, developed by the jurisprudence of international human rights tribunals. While the harm cannot be fully repaired, the situation of victims and relatives can be improved through the use of these mechanisms, coming as close as possible to the integral or full reparation of the harm. It also addresses the importance of speeding up the processing of court cases, as victims, perpetrators and witnesses are ageing, and it is undesirable that their resolution means biological impunity.