Paper short abstract:

Judiciary-focused explanations for breakthroughs in prosecuting past state crimes ignore the fact that police, prosecutors, forensic services and civil society activists are key gatekeepers of change. This paper explores this reality as seen in post-Pinochet human rights trials in Chile.

Paper long abstract:

Chile has seen a remarkable domestic revival over the past decade and a half in the prosecution and jailing of former military officers responsible for past atrocities. Since this has taken place in a context of relatively low political will and without legislative innovation, many reach for supply-side explanations in judicial politics and the impact of judicial reform. While it is true that judicial receptivity shifted 'just enough' in Chile from the mid 1990s, there are many other elements that should be considered in looking at what changes justice system outcomes over this and other issues with strong resonance in international law. This paper will trace the importance of specific police and forensic service actors - state 'enclaves' friendly to domestic accountability change - the role of relatives' associations and their lawyers; and the increasing activism and valence of neighbouring jurisdictions and of the Inter-American human rights system in seeking a more comprehensive account of how judicial behaviour is constituted and shaped.