Kast’s Proposed Reform to the INDH: Ending Criminal Complaint Authority and Introducing ‘Institutional Complaint’

Original article: La reforma de Kast para el INDH: Fin a la facultad de presentar querellas criminales y reemplazo por «denuncia institucional»

One of the major changes in the bill introduced by President José A. Kast aims to eliminate the authority to file criminal complaints as part of the reform of the National Institute of Human Rights (INDH).

This announcement was made on Monday, October 19, and received extensive coverage in the national press. Specifically, the Executive’s proposal amends Law 20.405, which has governed the INDH since its inception in 2009, introducing structural changes to its «governance, mandate, and powers».

According to the presidential message sent to the Chamber of Deputies, the «massive concentration of the Institute’s efforts on legal actions» has detracted from its consultative role.

As part of this framework, the project removes the INDH’s authority to file criminal complaints, replacing it with an «institutional complaint» that involves «informing» the relevant authorities of any incidents that may constitute a crime.

In return, the Institute will retain the ability to initiate constitutional protection and amparo actions «established in Articles 20 and 21 of the Political Constitution of the Republic, upon agreement of the Council».

Additionally, the proposed reform includes a reduction in the INDH Council from 11 to 5 members, with a term of 4 years and possibility for reelection – currently, members can serve up to 12 continuous years – creating a «director executive» chosen through Public High Management and appointed by the Council.

According to the text, this new authority will oversee the administrative and operational direction of the INDH, represent it legally, and serve for 5 years, with the option for one renewal.

A financial report attached to the bill, prepared by the Budget Directorate (Dipres), estimates that the reform will lead to a reduction in fiscal spending of approximately $3,720 million.

The savings mainly stem from the elimination of the authority to file complaints (resulting in a 70% reduction in the number of lawyers in the protection unit), the territorial reorganization (which contemplates a 50% cut in regional staff by not establishing offices outside Santiago), and the reduction in the number of council members.

Check out the full project HERE

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