Original article: INDH por indultos de Kast: «Potestad no es absoluta ni puede ejercerse en contravención de las obligaciones internacionales»

Human Rights Institute Warns Against Presidential Pardons for Human Rights Violations

In a public statement, the National Institute of Human Rights (INDH) addressed the controversy surrounding President José Antonio Kast’s announcements regarding pardons for certain individuals convicted of human rights violations.

The INDH noted that «while our constitutional and legal framework grants the president the power to issue individual pardons in specified cases, it must be emphasized that this authority is not absolute and cannot be exercised in violation of international obligations in this area, especially in relation to those convicted of serious human rights violations.»

The Institute stated, «According to applicable international standards, in cases involving particularly grave offenses, such as torture or other cruel, inhuman or degrading treatment—which are absolutely prohibited—the State and its agencies are obligated not only to prevent these crimes but also to properly investigate and punish them according to their severity.»

Consequently, the INDH emphasized, «Granting a pardon in cases of grave human rights violations before the sentence has been substantially served undermines these obligations and may result in international liability for the State.»

«It should not be forgotten that the struggle for respect for human dignity and the protection of fundamental rights requires a firm and unwavering commitment to justice. In this sense, the potential impact of such a measure must also be considered, not only in relation to victims and their families but also regarding the broader society’s perception of impunity in the face of such serious offenses,» concludes the statement.

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