Chile in July 2013, the United Nations Special Rapporteur for the promotion and protection of
human rights while countering terrorism underlined that it was urgent for the State to find a
solution to the manifestations of violence in the region of Araucanía, and also its causes. He
stressed that “[s]ince the restoration of democracy in Chile, no Government of either political
hue has given the issue the priority it deserves,” and that the State “has a duty to promote a
peaceful and just solution to the Mapuche questions.” According to the Special Rapporteur,
representatives of commercial interests in the region have complained about the lack of political
will within central Government to seek and deliver a lasting solution to the problem.93
91.
In December 2011, CONADI paid the price agreed for the acquisition of approximately
2,500 hectares, which were divided between three indigenous communities: the Ricardo
Nahuelpi Ñu Choyun community, the Antonio Ñirripil community and the Didaico community.
Segundo Aniceto Norín Catrimán and Pascual Huentequeo Pichún Paillalao, respectively, were
Lonkos of the last two of these communities, and they were present in the ceremony of the
“handing over of the land.”94
92.
In addition to the criminal proceedings relating to the instant case before the InterAmerican Court, the presumed victims Patricia Troncoso Robles, Pascual Pichún Paillalao and
Segundo Aniceto Norín Catrimán and another five persons were tried for the offense of
“conspiracy to commit a terrorist act.” They were accused of having formed an organization to
carry out terrorist offenses acting “under the aegis” of the indigenous organization,
“Coordinadora Arauco-Malleco” (CAM). The Temuco Criminal Trial Court acquitted them on
November 9, 2004, and in its judgment, among other matters, it concluded that:
[…] In this case there has never been a body or organization, with its own exclusive features,
characteristics and particularities that differentiate it from the Coordinadora Arauco-Malleco regarding
which it can be affirmed that it operated under the latter’s aegis. To the contrary, all the evidence
provided by the plaintiffs reveals that it refers a single and unique entity, which is only the oft-named
Coordinadora Arauco-Malleco, which has been operating in both Regions XVIII and IX of the country
as of 1998, and whose ideology, procedures and actions are those that it has disclosed on its web
page, in its publication Weftun, and through social media. […].95
Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen,
submitted in accordance with Commission resolution 2003/56, Addendum, Mission to Chile (file of annexes to the Merits
Report 176/10, annex 5, folio 247); UN Doc. A/HRC/25/59/Add.2, 14 April 2014, Human Rights Council, Report of the
Special Rapporteur for the promotion and protection of human rights and fundamental freedoms while countering terrorism,
Ben Emmerson, Addendum, Mission to Chile, paras. 10, 25 and 16; UN Doc. CCPR/C/CHL/C0/5, 17 April 2007, Human
Rights Committee, Consideration of reports presented by States Parties under Article 40 of the Covenant, Concluding
observations of the Human Rights Committee, Chile, para. 19 (file of annexes to the Merits Report 176/10, annex 8, folios
310 to 315); UN Doc. CERD/C/CHL/CO/19-21, Committee on the Elimination of Racial Discrimination, Concluding
observations on the combined nineteenth to twenty-first periodic reports of Chile, adopted by the Committee at its eightythird session (12-30 August 2013), paras. 12 to 14; Report of the Historical Truth and New Deal Commission, Volume III,
Tome II, Chapter II, pp. 950 to 954 (file of helpful evidence presented by the State, folios 999 to 1003); Aylwin Oyarzún,
José Antonio, Law Report, “La aplicación de Law No. 18.314 que ‘determina conductas terroristas y fija su penalidad’ a las
causas que involucran a integrantes del pueblo mapuche por hechos relacionados con sus demandas por tierras y sus
implicaciones desde la perspectiva de los derechos humanos,” August 2010 (file of annexes to the CEJIL motions and
arguments brief, annex C 2, folio 2080), and affidavit prepared on May 24, 2013, by witness Luis Rodríguez-Piñero Royo
(file of statements of the presumed victims, witnesses and expert witnesses, folio 337).
93
Cf. UN Doc. A/HRC/25/59/Add.2, 14 April 2014, Human Rights Council, Report of the Special Rapporteur for the
promotion and protection of human rights and fundamental freedoms while countering terrorism, Ben Emmerson,
Addendum, Mission to Chile, paras. 24 to 28 (merits file, tome V, folios 2566 to 2587).
94
Cf. Ownership titles issued on January 25, 2012, by the Notary and Real Estate Registrar José Apolonio Peña Meza in
relation to the contracts for the purchase of land in favor of the Antonio Ñirripil, Didaico, and Ricardo Nahuelpi Ñi Po Choyún
Indigenous Communities drawn up by the same notary in deeds dated December 23, 2011 (file of annexes to the answering
brief, folios 137 to 157). The State also provided photographs of the delivery of land to the indigenous communities and
plans of the land handed over (file of annexes to the answering brief, folios 125 to 136).
95
Cf. Judgment delivered on November 9, 2004, by the Second Chamber of the Temuco Criminal Trial Court,
nineteenth considerandum (file of annexes to the FIDH motions and arguments brief, annex 50, folios 1721 to 1852).
31
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