Daily Archives: November 5, 2013

Reparations for Chile’s exiles: upcoming guest-post on the Inter-American Court decision in García Lucero

by Rhodri C. Williams

Earlier this Fall, I had the pleasure of being invited to lecture at the Essex Transitional Justice Network’s 2013 summer school, which focused on land issues in transitional settings. I also stayed on for a seminar on land and traditions that got me back together with some familiar leading lights on HLP questions and acquainted me with a number of others. The EJTN has been doing some very interesting work at the frontiers of the transitional justice discourse, including research on economic and social rights approaches to TJ, rehabilitation as a form of reparation and, most recently, a book on corporate accountability in transitional settings.

As a human rights practitioner frequently (and rightly) accused of being a frustrated academic, the seminar was a good reminder of how many other people believe that the strain of trying to keep a foot in both camps is more than compensated for by the synergies that can result. One of the more impressive examples I encountered during my stay in Colchester was the work of ETJN Director Clara Sandoval, who is also not only a Senior Lecturer at the University of Essex Law School, but also a frequent practitioner. Recently, as a consultant for Redress, she helped to bring the case of Leopoldo Garcia Lucero v. Chile before the Inter-American Court of Human Rights.

The Garcia Lucero case involves the claim of an 80 year old torture survivor who was held for a year and a half in Chilean prison camps before being expelled in 1975. Since then, Mr. Garcia Lucero has struggled to make a new life in London, one among some 200,000 Chileans forced out by the Pinochet regime. Physically disfigured and permanently disabled, he sought an “effective remedy and full and adequate reparation for what happened to him” before the Inter-American Court.

In the decades since Mr. Garcia Lucero was victimized, the Chilean experience of transitional justice has come to be seen as a model in many respects. However, as Clara Sandoval noted in a BBC interview, efforts to provide reparations to victims of the Pinochet regime have been accompanied by relatively few convictions of perpetrators and largely excluded exiled victims, exacerbating their vulnerability. Meanwhile, with the recent commemoration of the 40th anniversary of the Pinochet coup, painful new revelations such as the failure of the Chilean courts to protect ordinary citizens continue to emerge.

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