Supreme Court of Chile
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The Supreme Court of Chile is the highest court in Chile (court of last resort). It also administrates the lower courts in the nation.
In the Chilean system, the court lacks the broader power of judicial review -- it cannot set binding precedent or invalidate laws. Instead, it acts on a case-by-case basis.
Trials are carried out in salas, chambers of at least five judges, presided over by the most senior member.
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[edit] Membership
The members of the Supreme Court are appointed by the President, but must be chosen from a list of five choices which is prepared by the sitting members of the court. Two of these choices must be senior judges from appellate courts; the other three need not have any judicial experience. The president's choice must then be ratified by the Senate.
Supreme Court justices must be at least 36 years old. Once appointed, a Chilean Supreme Court justice is extremely difficult to remove from office. Justices are entitled to remain on the Court until the compulsory retirement age of 75. Otherwise, a justice can be removed only if he or she breaches the obligation of "good behaviour" established in the Constitution.
The Supreme Court has twenty-one members, called ministros. One member is selected to serve a three-year term as President of the Supreme Court.
[edit] Current Supreme Court members
- Enrique Tapia Witting (President)
- Marcos Libedinsky Tschorne
- Ricardo Gálvez Blanco
- Alberto Chaigneau del Campo
- Jorge Rodríguez Ariztía (resigned on February 1, 2007; effective on April 1, 2007)
- Orlando Álvarez Hernández
- Urbano Marín Vallejo
- Jorge Humberto Medina Cuevas
- Milton Juica Arancibia
- Nibaldo Segura Peña
- Adalis Oyarzún Miranda
- Jaime Rodríguez Espoz
- Rubén Ballesteros Cárcamo
- Sergio Muñoz Gajardo
- Margarita Herreros Martínez
- Hugo Dolmestch Urra
- Juan Araya Elizalde
- Raúl Valdés Aldunate
- Héctor Carreño Seaman
- Pedro Pierry Arrau
- Vacant (after compulsory retirement of María Antonia Morales Villagrán on September 2006 after attaining the age of 75)
[edit] Notable decisions
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[edit] Augusto Pinochet
The Chilean Supreme Court has been involved in many important human rights cases regarding the former Chilean dictator Augusto Pinochet.
- In July 2002, it dismissed a case against Pinochet, saying that he was unfit to stand trial due to dementia.
- In August 2004, it confirmed a lower court's decision that Pinochet should lose his automatic immunity he acquired from being a former senator.
- In March 2005, it reversed a lower court's decision stripping Pinochet of immunity in the case of the assassination of Carlos Prats.
[edit] Gay rights
The Chilean Supreme Court has made controversial decisions in the area of gay rights.
- In 2004, it confirmed a lower court's decision that stripped former judge Karen Atala of custody of her three daughters because she is a lesbian. The case has been taken up by the Inter-American Commission on Human Rights.
- In January 2004, it removed judge Daniel Calvo from his position on the Santiago Court of Appeals, after media reports that he visited a sauna frequented by gay men.
[edit] Abortion
- In November 2005, the Chilean Supreme Court ruled that the sale of contraceptive morning-after pill Postinor 2 is constitutional. Abortion is banned in Chile.
