Evaluations of human rights trials and trust in judicial institutions: evidence from Fujimori's trial in Peru

• Published in: The international journal of human rights Vol. 20; no. 4; pp. 445 - 470
• Main Author: González-Ocantos, Ezequiel
• Format: Journal Article
• Language: English
• Published: Abingdon Routledge 18.05.2016; Taylor & Francis Ltd
• Subjects: Authoritarianism (Political ideology); Citizens; Courts; Equity; Fujimori; Fujimori, Alberto; Human rights; judicial politics; Judiciary; Justice; Latin America; Prestige; public opinion; Reservoirs; Rule of law; Rules and practice; transitional justice; Trials; Peru; ISE, Peru
• ISSN: 1364-2987; 1744-053X
• DOI: 10.1080/13642987.2015.1107051

This article investigates the mechanisms via which evaluations of human rights trials affect trust in judicial institutions. Courts in established democracies have been able to amass a 'reservoir of goodwill' among the public, which insulates their prestige from the polarising impact of controversial decisions. Since the judicialisation of politics in young democracies is a recent phenomenon, judiciaries in these countries lack this reservoir. High profile judicial events such as human rights trials are therefore likely to affect their standing among the public. I argue that there are two mechanisms driving this relationship, which are activated at different times during the proceedings: citizens' views about the fairness of trial proceedings, and perceptions of defendant culpability. I test the hypotheses using surveys conducted during the course of Fujimori's trial. The results shed light on the relationship between transitional justice and the strengthening of the rule of law in post-authoritarian settings.