Abstract

Failure to identify the skeletal remains of people who were executed or detained-disappeared during the dictatorship of Augusto Pinochet prevents relatives from celebrating the funeral rite and living up the grieving process. This violates their right to personal integrity. This conclusion is based on both the recent jurisprudence of the Inter-American Court of Human Rights (‘ICHM’) and one relevant judicial decision in Chile. In the light of this finding, it follows that courts should decide actions filed against the State of Chile by the relatives of the victims. Accordingly, the compensation cannot proceed solely on the basis of the State’s failure to comply with a statutory duty (falta de servicio).

Keywords

Right to personal integrity Persons executed for political reasons Detained-disappeared Military dictatorship Human rights Funeral rite