Law and Democracy in Latin America

«Transitional Justice

What is happening now in some of these countries?

The legacies of the atrocities committed by regimes and groups within Latin America are still salient for many Latin Americans, and the question of how (and if) those responsible for atrocities will be brought to justice remains an important issue. Recent court decisions below have forced many Latin American countries to confront former periods of extreme polarization and human rights abuses.

In Argentina, the Dirty War saw heavy repression, kidnappings, and murder by those in the military. While many in Argentina felt the post-military governments were turning a blind eye to the crimes committed by those in the military junta, Argentina’s Supreme Court has recently overturned amnesty laws protecting these perpetrators. For more on this development, click here.

In Guatemala as in Argentina, former military governments have been accused of human rights abuses and even massacres. Recently, after pressure from the Inter-American Human Rights Court, the Guatemalan government has apologized for a massacre in 1982, where soldiers killed 226 villagers in 1982. Click here for more on this story.

While the actions of those within former military governments are being subjected to justice, it has been rarer for the presidents of these governments to face justice (with the notable exception of Manuel Noriega). However, two recent decisions by Latin American courts suggest a reversal of this trend.

First, the former dictator of Chile, Augusto Pinochet, whose government was responsible for numerous human rights abuses during his 1973-1989 reign, was stripped of his immunity by Chile’s Supreme Court. Pinochet died shortly after his immunity was stripped, but the decision by Chile’s Supreme Court would have allowed him to be put on trial for murder and torture. Click here for a link with more information on this case.

Secondly, another more recent ruling by the Supreme Court of Chile allowed former Peruvian president Alberto Fujimori to be extradited to Peru to stand trial for human rights and corruption charges. This extradition ruling came after a request by Peruvian prosecutors, and more information is available here. In addition, for a look at how this decision is being seen by both supporters and opponents of Fujimori in Peru, click here.

The violent past of many Latin American countries has simply not gone away. Rather the human rights abuses and other violations have bubbled to the surface after many years of simmering tensions as a result of the decisions of Latin American courts.