Intermediaries in Chile: Facilitating the right of child victims and witnesses to participate and be heard in criminal trials

Abstract

The intermediary system is a special measure designed to support the participation of vulnerable witnesses in the judicial system. In Chile, this model was initially incorporated in six regions with the application of Law 21.057 in October 2019. The measure establishes that a specially trained professional from the criminal justice system must facilitate communication during a trial between the court and child victims or witnesses of sexual or other serious crimes through the use of a linked room. This study analyses the perceptions of intermediaries and other members of the justice system in relation to the first year of implementation of the intermediary system based on information obtained through the use of focus groups and a survey. The results show an overall positive assessment of the experiences with and functioning of the ‘judicial intermediation’ and portray some of the best practices and facilitating conditions for the correct operation of the scheme as well as the difficulties and challenges for other Chilean regions and countries.

Taking Oral Evidence in Chile from Child Victims in Priority Groups: Challenges for the Practice and Training of Justice Professionals

“…Although Law 21.057 is recent, it has operated well and has significantly improved the conditions of judicial proceedings to facilitate the right of children and adolescents to participate and be heard (Ministerio de Justicia y Derechos Humanos de Chile 2021; Ulloa et al 2022). The policy incorporated nine protocols to regulate and standardize processes, from the disclosure and reporting of criminal events to the investigation and trial stages.…”

Vulnerable witnesses in Chilean criminal proceedings: New developments

“…These developments prompted some jurisdictions to enact statutes that protect witnesses and ensure their appearance in court while still safeguarding defendant rights (Armenta Deu, 2023: 230–232; Ulloa et al, 2022: 224–228). Sections 16 and 17 of the England and Wales Youth Justice and Criminal Evidence Act of 1999, for example, identify four classes of witnesses eligible for options other than the general evidentiary rules.…”

“…As regards children, Ulloa et al note that England and Wales, Northern Ireland, Australia, New Zealand, South Africa and Taiwan all allow intermediaries (Ulloa et al, 2022: 225–227), although with different eligibility criteria among other variations (Cooper and Mattison, 2017: 360–363), while other countries such as Israel, Norway and Sweden have a related model in which a third person intervenes and assist the Court in gathering children's evidence (Cooper and Mattison, 2017: 354). For children testifying in sex crimes, some Latin American countries use Gesell chambers and CCTV.…”

“…This does not mean that no one cares about how children testify in Chilean courts (Rosatti, 2021: 339; Ulloa et al, 2022: 228). The system does have protocols and separate rooms for these purposes, and prosecutors, in coordination with the court, will often arrange for video links.…”

“…The law, which became effective nationwide in October 2022, completely changed how child victims of specific crimes testify at trial. 10 Intended to prevent revictimisation and judicial error and driven by the right to be heard enshrined in the Convention on the Rights of the Child (Rosatti and Iturra, 2021: 15–33), Law 21.057 instituted an intermediary system that replaced standard examination and cross-examination (Ulloa et al, 2022: 228).…”