imposed arbitrarily.” It also indicated that article 9 of the Chilean Constitution establishes “grounds for general and absolute prior censure for all those who are convicted of a terrorist offense, because it prohibits a priori emitting or disseminating information or opinions.” The application of this norm to Mr. Ancalaf Llaupe, who “performed tasks relating to the diffusion and distribution of information in his community and as its spokesperson,” resulted in “a violation of the social dimension of freedom of expression.” It also asserted that the imposing punishments on Mr. Ancalaf Llaupe under the Counter-terrorism Act resulted in an “indirect violation of [the right to] the freedom of expression of the Mapuche people, because it had an intimidating and inhibiting effect on its members, preventing them from the full exercise” of this right. In addition, it affirmed that the arbitrary conviction of Mr. Ancalaf Llaupe also meant that “ancillary penalties were imposed on him that still restrict the full exercise of his political rights” and, therefore, as regards the communities that he represents, their “political relationship with the State authorities has been impaired and, consequently, their ability to take part in public decisions that concern them.” b) The FIDH endorsed the arguments presented by CEJIL regarding the alleged violation of Articles 13 and 23 of the Convention in relation to the application of ancillary penalties,360 and added that “the expression of claims for the recovery of ancestral lands is a right protected by Article 13(1) […] and the discriminatory use of emergency criminal laws with the effect of limiting this expression violates [the provisions of] Article 13(3) [of the Convention]” because, by obstructing “the free discussion of ideas and opinions, it limits freedom of expression and the effective development of the democratic process.” According to the FIDH, “[t]he sentences, and the policy of applying the antiterrorism legislation” restricted the right to freedom of expression by “obstructing the expression of claims for the expansion of the indigenous lands” and by “stigmatizing […] as terrorists, Mapuche activists in favor of respect for indigenous rights and access to their territorial rights,” as well as because “they harmed the Mapuche protest in order to silence it.” 368. As regards the rights to personal integrity and to the protection of the family, the common interveners argued as follows: a) CEJIL stated that Chile had incurred in a violation of Articles 5 and 17 of the Convention to the detriment of Víctor Ancalaf Llaupe. It indicated that “by treating him as a terrorist, the State placed him under a special legal regime that affected and still today radically affects his life, that of his family and his community, as well as the exercise of his role as a traditional authority of the Mapuche people.” It also indicated that Mr. Ancalaf “remained during all the time he was deprived of liberty, which lasted more than four years,” in a prison located “more than 300 kilometers” from his community and this “had been denounced by various human rights organizations owing to the inhuman detention conditions,” which “had both physical and mental effects on [Mr.] Ancalaf.” These effects were increased “by the distance that separated the detention center from his community,” because “it was almost impossible for him to receive visits and the emotional and material support of his friends and family during his years of imprisonment; [and …] also, his children and his wife were deprived of contact with their father and husband,” because they had very limited resources and had to overcome serious obstacles in order to visit him. This situation was aggravated by the State authorities’ refusal of the requests that he and his wife made for his transfer to a prison nearer to his community. 360 The FIDH argued the violation to the detriment of Segundo Aniceto Norín Catrimán, Pascual Huentequeo Pichún Paillalao, Florencio Jaime Marileo Saravia, José Benicio Huenchunao Mariñán, Juan Patricio Marileo Saravia, Juan Ciriaco Millacheo Licán and Patricia Roxana Troncoso Robles. 125

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