#CuraumaCase / Judiciary in Chile: The Fraud in the Administrative Corporation of the Judiciary’s Algorithm

The Fraud in the Administrative Corporation of the Judiciary’s Algorithm: A Threat to All  

Chile, 2024 - Judiciary in Chile. The narrative of an impartial and efficient algorithm ensuring the equitable distribution of judicial cases in Chile is falling apart. What is presented as a technical and neutral tool is, in reality, a perfect stage for covert manipulation, threatening fundamental pillars of the judicial system, such as equality before the law, public integrity, and citizen trust.  

What is the algorithm hiding?

An algorithm is nothing more than a sequence of programmed steps to solve problems or carry out specific tasks. However, the opacity with which the Chilean Judiciary and the Administrative Corporation of the Judiciary (CAPJ) manage the algorithm responsible for case distribution constitutes a proven fraud. Despite multiple requests for transparency, the responses have been fragmented, confusing, and contradictory.  

The core of the problem lies in the lack of clarity about how this algorithm truly operates. In a judicial process linked to the emblematic #CasoCurauma, the CAPJ admitted in 2023:  

"There is no access to the sources of the case distribution system, making it impossible to precisely determine the function used to perform random allocation."  

However, it is clear that some criterion was applied, given that the case was assigned to a specific court. This raises a fundamental question: what criterion was used for this allocation?

This admission not only highlights potential negligence in the system's management but also opens the door to a more alarming suspicion: could the system have been maliciously tampered with?  

Since 2014, the algorithm allegedly in use operates on the same database and programming language (PL/SQL on ORACLE) as it did in 1997. This technological legacy implies that the allocation principles—and possibly the vulnerabilities—have remained unchanged. Essentially, the procedure prioritizes courts with a lighter workload and applies a randomization method in case of ties.  

However, the real issue is not the declared steps but what has not been disclosed. The CAPJ has avoided explaining key aspects, such as the operation of additional criteria that were mentioned and later dismissed, as well as the lack of independent audits to ensure that assignments are genuinely random and impartial.  

According to Chilean Roberto Melipillán, an expert in digital systems, the algorithm relies on elements like the exact time of processing and the order of the courts during allocation. Combined with logs—automatic records of system activities—this should suffice to detect alterations. Yet, the lack of access to these logs and the refusal to release the source code make external audits nearly impossible.  

This secrecy is no minor detail; it creates fertile ground for invisible fraud. If someone had access to modify the system's parameters, they could alter case assignments to benefit specific interests without leaving any obvious trace.  

Beyond the technicalities, what is at stake is the credibility of the judicial system. A manipulated algorithm undermines due process, fosters arbitrariness, and turns justice into a privilege for the few. Additionally, the lack of transparency and accountability jeopardizes Chile's rule of law and erodes trust in its institutions.  

Leaving this issue uninvestigated would signal complicity or, at the very least, grave negligence. The negative impacts extend not only to the parties involved in specific cases but also to society as a whole.  

The Challenge for the Public Prosecutor's Office

Faced with this situation, the Public Prosecutor’s Office must assume an active and decisive role. The task is not easy but is absolutely necessary. It is urgent to audit the system, demand access to the source code, review historical logs, and, if necessary, establish administrative and criminal responsibilities.  

The Chilean judiciary cannot afford security breaches at its very core. A non-transparent algorithm is more than a technical failure; it is a direct threat to the principle of equality before the law. In this case, omission is not just an error—it is a betrayal of public trust.  

#algorithm #judiciary #CAPJ #publicprosecutor #casocurauma