expired”; this modified the punishment imposed and granted him the benefit of a conditional
sentence that involved appearing monthly to sign in before the prison authorities during the
time that remained of the sentence.146
3.
The criminal proceedings against Víctor Manuel Ancalaf Llaupe147
Accusation
133. Víctor Ancalaf Llaupe was a Werken of several Mapuche indigenous communities at the
time of the events for which he was tried. Mr. Ancalaf Llaupe was accused of the following
offenses:148
a)
b)
c)
Perpetrator of the “terrorist offense established in article 2.4 of Law No. 18,314, in
relation to article 1 of this law” for setting fire to two trucks owned by the Fe
Grande Company (that worked on the construction of the Ralco dam) on
September 29, 2001, in the Las Juntas sector, Alto Bío Bío;
Perpetrator of the “terrorist offense established in article 2.4 of Law No. 18,314, in
relation to article 1 of this law” for setting fire to a truck owned by the Fe Grande
company on March 3, 2002, in the Las Juntas sector, Alto Bío Bío, and
Perpetrator of the “terrorist offense established in article 2.4 of Law No. 18,314, in
relation to article 1 of this law” for setting fire to a truck owned by Brotec S.A. on
March 17, 2002, in the Las Juntas sector, Alto Bío Bío.149
134. On November 19, 2001, the alternate judge of the Santa Bárbara Criminal Court issued
the first order to investigate Víctor Manuel Ancalaf Llaupe and also issued a summons for him to
make a statement in the investigation that was being conducted into the events of September
29, 2001. On February 26, 2002, Mr. Ancalaf Llaupe appeared before the Santa Bárbara First
Instance Court to make a statement, indicating that he was “unaware of the reason why [he
had] been summoned to [that] court, [and that he had] played no part in the events that [the
court was] informing [him] about.”
135. On March 19, 2002, the Provincial Governor of Bío Bío filed a complaint before the
Concepción Court of Appeal based on “violation of Law 18,314 on acts of terrorism” against
“those who are found responsible as either perpetrators, accomplices or accessories after the
fact of the events [that occurred on March 3, 5 and 17, 2002,] and considering that “during
September 2001, an attack similar to those [that occurred in March 2002] had been executed.”
On March 22, 2002, case number No. 1-2002 was assigned to the proceedings, which were
heard by the investigating judge of the Concepción Court of Appeal, and “case file No. 3466-2
together with the joindered cases of the Santa Bárbara Criminal Court were added [to these
proceedings].”
146
Cf. Transcript of part of the hearing held on February 27, 201, before the judge of the Collipulli First Instance Court
of Guarantees; Order for the release of Juan Ciriaco Millacheo Licán issued on February 27, 2013, by the judge of the
Collipulli First Instance Court of Guarantees, and Report on the prison conditions of the persons involved in the Case of
Norín Catrimán et al. v. Chile (file of helpful evidence presented by the State, folios 63 to 66 and 1497 to 1502).
147
The evidence concerning the facts relating to the criminal proceedings against Víctor Manuel Ancalaf Llaupe,
established in paragraphs 133 to 151 can be found in the judicial case file of the domestic criminal proceedings against Mr.
Ancalaf Llaupe, copy of which was provided to these proceedings as annexes to Merits Report 176/10 (appendix 1), to the
CEJIL motions, arguments and evidence brief, as well as among the helpful evidence presented by the State.
148
Cf. Indictment (file of helpful evidence presented by the State, folios 2617 to 2621).
149
Regarding the events that occurred on March 17, 2002, the criminal court established that the truck owned by
Brotec S.A. had been intercepted by a group of hooded individuals, one of whom carried a firearm, and that by firing into
the air, they obliged the driver of the truck to leave the area, and proceeded to shatter the truck’s headlights with sticks and
then to throw a lighted rag into the cabin, causing a fire that destroyed it. Cf. Judgment delivered on December 30, 2003,
by the investigating judge of the Concepción Court of Appeal, fourteenth considerandum (file of annexes to the Merits
Report 176/10, annex 20, folios 718 to 759).
47
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