had heard hundreds of cases, most of those
convicted did not serve prison sentences,
and many victims continued to lack access to
institutional mechanisms to demand
reparation.
Congress discussed a bill to make
information gathered by former truth
commissions available to prosecutors and
parties to relevant judicial proceedings.
In May the government filed a bill before
Congress to establish a National Mechanism
for the Prevention of Torture.
INDIGENOUS PEOPLES’ RIGHTS
In June the government announced the Plan
for the Recognition and Development of
Araucanía to promote Indigenous Peoples’
participation, economic development and
protection of victims of violence.
President Bachelet extended a formal
apology to the Mapuche People for “errors
and horrors” perpetrated by the state against
them. A bill was under discussion to create a
Ministry of Indigenous Issues.
As part of the process of developing a new
Constitution, scheduled to be completed in
2018, a consultation was conducted with
Indigenous Peoples’ representatives. The
process was criticized by some
representatives for excluding some key issues
brought forth by Indigenous Peoples.
The Attorney General’s Office and the
government continued to misuse the AntiTerrorism Law to prosecute Mapuche people
in violation of due process guarantees. In
2014, similar applications of the AntiTerrorism Law against Mapuche activists
were found by the Inter-American Court of
Human Rights − in Norín Catrimán et al v.
Chile − to be in violation of the American
Convention on Human Rights.
In October, 11 Mapuche people, including
Machi Francisca Linconao, who had been
charged with “terrorism” for a fire that killed
landowners Werner Luchsinger and Vivian
Mackay in January 2013, were acquitted.
The 11 defendants had been held in pre-trial
detention or under house arrest for 18
months. Upon appeal by the Attorney
General’s Office in December, the trial and
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acquittal were declared null and void. The
trial was due to be repeated in 2018.
The government and Attorney General’s
Office also brought “terrorism” charges
against four Mapuche men for a fire that
destroyed a church in the city of Padre las
Casas in June 2016. No one was hurt in the
fire. The men were arrested, detained and
indicted on the day of the incident and
continued to be held in pre-trial detention at
the end of 2017. After the four accused held
a prolonged hunger strike, the government
filed a request for reclassification of the
crime. However, the prosecution decided to
continue pursuing terrorism charges.
In September the government implemented
“Operation Hurricane”, arresting and
charging eight people with conspiracy to
commit terrorist acts in connection with
burning and planning to burn dozens of
cargo vehicles. No one was hurt in these
incidents. The eight accused were held in
pre-trial detention until October when the
Supreme Court declared their detention
unlawful and ordered their release, since the
judge had not sufficiently justified the need
for pre-trial detention. Investigation of the
alleged crimes was ongoing.
HUMAN RIGHTS DEFENDERS
In April, Rodrigo Mundaca and other leaders
of the Movement for the Defence of Water,
Land and the Environment (MODATIMA) in
the province of Petorca received death
threats. An investigation was ongoing into the
harassment and intimidation that
MODATIMA’s leaders had been subjected to
for a number of years.
In May the Temuco Public Prosecutor’s
Office announced the closure of the
investigation into the abduction and torture of
Víctor Queipul Hueiquil, a Mapuche lonko
(traditional community authority) in the
Autonomous Community of Temucuicui in
June 2016. He had been threatened with
death if he continued his work as a leader
and supporter of the Mapuche People. The
Public Prosecutor said that the investigation
could not proceed because Víctor Queipul
did not collaborate with the investigation. In
Amnesty International Report 2017/18
Select target paragraph3
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