Due process in Chile's uniformed national prison service

The Gendarmes of Chile are men and women who are trained to work primarily in prisons and to assist former prisoners with their reintegration into society.  They are also trained to perform humanitarian assistance during situations of emergency.  The most recent class of Gendarmería graduates was comprised of 43% women, an annually growing number of female graduates.

In one recent case, a female Gendarme was given provisional early retirement in 2018, which after three years became permanent, before the criminal charges that triggered the provisional early retirement were resolved.  The Regional Prosecutor of Valparaiso had investigated her from March 2018 until May 2019, when he informed the Court that he was not going to continue to pursue the case.  The Gendarme claimed that her forced retirement was arbitrary and illegal and had automatically become permanent after three years and filed an appeal with the Gendarmería that sought her reinstatement with back salary and benefits.

She appealed to protect her constitutional rights and the Appeals Court held that she was entitled to a decision of the Gendarmería within 90 days following the notification of the Appeals Court's judgment.  The Gendarmería was obliged to produce a decision on the criminal charges that had been filed against her that led to her forced retirement.