381. Segundo Aniceto Norín Catrimán, Pascual Huentequeo Pichún Paillalao and Víctor Manuel
Ancalaf Llaupe were subject to ancillary penalties that restricted their political rights, as
established in articles 28 of the Criminal Code and 9 of the Constitution. The other five
presumed victims, Juan Patricio Marileo Saravia, Florencio Jaime Marileo Saravia, José Benicio
Huenchunao Mariñán, Juan Ciriaco Millacheo Licán and Patricia Roxana Troncoso Robles, were
only subject to the ancillary penalties, which also restricted their political rights, established in
article 28 of the Criminal Code.
382. Article 9 of the Chilean Constitution establishes, among other matters, that those
responsible for terrorist offenses “shall be disqualified for 15 years from discharging public
duties or holding public office, regardless of whether or not the appointment is by popular
election; from being the rector or director of an educational establishment or performing
teaching activities therein; from operating a social communications media outlet or being a
director or manager thereof, or performing therein functions connected with the broadcast or
dissemination of opinions or information; and from being the leader of a political organization,
an organization associated with education, or a neighborhood, professional, business, labor,
student, or trade association, during that time.” It added that this “is understood […] without
prejudice to other disqualifications or those that last longer according to the law.” In this
regard, article 28 of the Criminal Code establishes the penalties of “absolute and permanent
disqualification from public office or functions and political rights, as well as absolute
disqualification from titled professions for the duration of the sentence.”
383. To the extent that the effective exercise of political rights constitutes an end in itself
and, also, a fundamental means that democratic societies have to ensure the other human
rights established in the Convention,369 the Court considers that, in the circumstances of this
case, the imposition of the said ancillary penalties, which affected the right to vote, direct
participation in public affairs, and access to public office, of an absolute and perpetual nature or
for a fixed but prolonged term (15 years), is contrary to the principle of the proportionality of
the punishment (supra, para. 374) and constituted a very serious impairment of the political
rights of Segundo Aniceto Norín Catrimán, Pascual Huetequeo Pichún Paillalao, Víctor Manuel
Ancalaf Llaupe, Juan Patricio Marileo Saravia, Florencio Jaime Marileo Saravia, José Benicio
Huenchunao Mariñán, Juan Ciriaco Millacheo Licán and Patricia Roxana Troncoso Robles.
384. The foregoing is particularly serious in the case of Messrs. Ancalaf Llaupe, Norín
Catrimán and Pichún Paillalao, due to their status as traditional leaders of their communities
(supra para. 78). Thus, the imposition of the said penalties also had an impact on the
representation of the interests of their communities in relation to other communities, as well as
in relation to the rest of Chilean society. Specifically, the Court underlines that, owing to these
penalties, they were prevented from taking part in or guiding public activities in State entities
that seek to promote, coordinate and execute actions to develop and protect the indigenous
communities they represented, which constituted a concrete violation of the rights protected by
Article 23 of the Convention. These conclusions, which the Court derives from the nature of the
penalties imposed, are confirmed, inter alia, by the testimony of Mr. Ancalaf Llaupe,370 Ms.
Troncoso Robles371 and Juan Pichú,372 the son of Pascual Pichún Paillalao.
369
108.
Cf. Case of Castañeda Gutman v. United Mexican States, para. 143, and Case of López Mendoza v. Venezuela, para.
370
Mr. Ancalaf Llaupe stated that he “was subject […] to a life-long prohibition to exercise public office [or] the civil right
of presiding any department in a company or […] taking office in a municipality or any other State entity.” Cf. Statement
made by presumed victim Víctor Manuel Ancalaf Llaupe before the Inter-American Court during the public hearing held on
May 29 and 30, 2013.
371
Ms. Troncoso Robles indicated that, owing to the judgment convicting her, she was “forever disqualified from public
office [and] from political rights.” Cf. Written statement made on May 27, 2013, by presumed victim Patricia Roxana
Troncoso Robles (file of statements of presumed victims, witnesses and expert witnesses, folio 657).
129
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