2009
DOI: 10.1093/ijtj/ijp023
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Human Rights Trials in Chile during and after the 'Pinochet Years'

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Cited by 54 publications
(27 citation statements)
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“…This was triggered by a private prosecution complaint introduced by the Communist Party in Chile for the disappearance of several of their leaders, and by a group of victims' relatives. The Communist Party aimed mostly to signal the party's disapproval of the prospect of Pinochet becoming a lifetime senator, a post to which he was entitled after his retirement as army commander‐in‐chief according to the 1980 constitution (Collins : 76). Against most expectations, however, the Supreme Court assigned Judge Juan Guzmán to reopen the investigation of the cases involved in the complaint, which included the “Caravan of Death” case.…”
Section: Case Studies Of the Use Of Private Prosecution In Latin Americamentioning
confidence: 99%
See 1 more Smart Citation
“…This was triggered by a private prosecution complaint introduced by the Communist Party in Chile for the disappearance of several of their leaders, and by a group of victims' relatives. The Communist Party aimed mostly to signal the party's disapproval of the prospect of Pinochet becoming a lifetime senator, a post to which he was entitled after his retirement as army commander‐in‐chief according to the 1980 constitution (Collins : 76). Against most expectations, however, the Supreme Court assigned Judge Juan Guzmán to reopen the investigation of the cases involved in the complaint, which included the “Caravan of Death” case.…”
Section: Case Studies Of the Use Of Private Prosecution In Latin Americamentioning
confidence: 99%
“…Collins (: 67) mentions that some few cases started through police investigations; however, “these tended to be Kafkaesque affairs where victims or potential witnesses were accused of terrorist crimes.”…”
mentioning
confidence: 99%
“…9 El estudio del proceso argentino, posterior a las leyes de punto final y obediencia debida (Smulovitz, 2012), del chileno luego de la detención de Pinochet en Londres (Collins, 2009;Hunneus, 2010), del uruguayo (Michel y Sikkink, 2012;Skaar, 2011) o el peruano con el Juicio a Fujimori (Laplante, 2009), son indicativos de este interés.…”
Section: Perfilesunclassified
“…Contra the executive leadership theory, a third theory holds that the most recent phase of prosecutions “was not sparked by any renewed state determination to act against past impunity” (Collins forthcoming, my emphasis). Rather, private civil actors have struggled in face of state actors' “indifference and active dissuasion” (Collins forthcoming) in order to achieve what Cath Collins (2005) dubs “post‐transitional justice.” For Collins (2006), not only does the main impetus come from minority civil actors, but these actors are local, working in only loose association with the transnational networks that other theories emphasize.…”
Section: Of Global Spirals and Local Hierarchymentioning
confidence: 99%
“…Rather, private civil actors have struggled in face of state actors' “indifference and active dissuasion” (Collins forthcoming) in order to achieve what Cath Collins (2005) dubs “post‐transitional justice.” For Collins (2006), not only does the main impetus come from minority civil actors, but these actors are local, working in only loose association with the transnational networks that other theories emphasize. She characterizes posttransitional justice as the product of “a patchwork of individual actions,” or “diverse and unco‐ordinated” endeavors that would benefit from more thoughtful state engagement (Collins forthcoming). Nonetheless, Collins acknowledges that even if posttransitional justice is primarily driven by demand (civil society), it relies on supply (the judiciary and the state).…”
Section: Of Global Spirals and Local Hierarchymentioning
confidence: 99%