GENEVA – UN experts* today expressed serious concern over criminal proceedings brought against a Chilean judge for his judicial decisions in cases involving gross human rights violations, warning that such actions could undermine judicial independence and the rule of law.
The experts raised concerns about criminal charges filed against Judge Álvaro Mesa Latorre, President of the Court of Appeals of Temuco and a long-serving judge investigating and adjudicating cases involving enforced disappearances, extrajudicial executions, torture and other crimes against humanity.
“The use of criminal law to challenge a judge’s interpretation of the law and assessment of evidence constitutes an undue interference with judicial independence and will inevitably lead to a chilling effect on judges handling human rights cases,” the experts said.
The proceedings stem from a complaint filed by the defense of former State agents convicted in a case concerning crimes committed in 1973. It unfoundedly alleges judicial misconduct based on the judge’s application of international human rights and international criminal law standards, despite the fact that the same jurisprudence had been consistently applied by Chilean courts, including the Supreme Court, in cases involving gross human rights violations.
“We are dismayed at reports of broader patterns of pressure and intimidation directed at judges, prosecutors and lawyers involved in accountability processes for dictatorship-era crimes in Chile,” the experts said. “These include threats of constitutional impeachment proceedings, unfounded criminal complaints, and public attacks linked to judicial decisions.”
“Judges must be able to perform their duties free from intimidation, harassment or retaliation. Disagreements with judicial decisions should be addressed through established appeal mechanisms, not through criminal prosecution of judges” they said.
“Judicial immunity for acts performed in good faith in the exercise of judicial functions is a fundamental safeguard designed to protect judges from external pressure and preserve impartial decision-making.”
Any attempt to discourage judges, prosecutors or lawyers from applying international human rights standards in cases involving gross violations of human rights and crimes under international law risks weakening accountability and access to justice for victims,” the experts said.
