as to prevent the continued application of the Counter-terrorism Act.384 This had a bearing on the presentation of a bill to amend the act that, in October 2010, culminated in the promulgation of Law No. 20,467385 (supra para. 98 and footnote 104). 393. It is undeniable that these hunger strikes, which lasted from 30 to 112 days, caused serious emotional and physical consequences for the presumed victims.386 Expert witness Vargas Forman explained that “[h]unger strikes are used to call the attention of the legal and the political system to the fact that members of the Mapuche people are treated as terrorists, to denounce irregular legal proceedings, […] to obtain prison benefits, to reveal discriminatory treatment.” She also stated that “[h]unger strikes constitute extreme experiences of emotional pain” with “long-term physical and mental consequences,” and that, in the case of the presumed victims in this case, “the experience caused extreme individual, family and cultural traumas.”387 394. However, the effects on the personal integrity of those who undertake hunger strikes with the above-mentioned characteristics and objectives cannot be attributed to the State. 395. In statements made both during the public hearing and by affidavit, the presumed victims referred, among other matters, to the impact of the conviction for terrorist offenses and having served a prison sentence on different dimensions of their life (supra paras. 119, 129, 130 and 152) or, in the case of Juan Ciriaco Millacheo Licán and José Benicio Huenchunao Mariñán, to the time they spent as fugitives from justice (supra paras. 131 and 132). They referred to their feelings of “injustice,” “pain,” and “mistrust” owing to the application of the Counter-terrorism Act, and to the discrimination and stigmatization suffered by both themselves and by their family members and their communities, because they had been branded as terrorists.388 384 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, folios 650 and 651); affidavit prepared on May 14, 2013, by presumed victim Juan Patricio Marileo Saravia (file of statements of presumed victims, witnesses and expert witnesses, folio 191), and statement made by presumed victim Florencio Jaime Marileo Saravia before the Inter-American Court during the public hearing held on May 29 and 30, 2013. 385 Cf. Affidavit prepared on May 24, 2013, by witness Luis Rodríguez-Piñero Royo, and written statement made on May 26, 2013, by expert witness Rodolfo Stavenhagen (file of statements of presumed victims, witnesses and expert witnesses, folios 342 and 702). 386 Cf. Affidavits prepared on May 17, 2013, by presumed victims Juan Patricio Marileo Saravia and José Benicio Huenchunao Mariñán, and written statement made on May 27, 2013, by presumed victim Patricia Roxana Troncoso Robles (file of statements of the presumed victims, witnesses and expert witnesses, folios 191, 207 and 650). 387 Cf. Affidavit prepared on May 15, 2013, by expert witness Ruth Vargas Forman (file of statements of the presumed victims, witnesses and expert witnesses, folios 400 and 401). 388 In this regard, Mr. Norín Catrimán explained that “[s]omething like this had never been seen before; it has caused so much suffering. We were treated like extremely dangerous people; we never hurt another person. […] We all changed owing to the way the State of Chile treated us, treating the Mapuche like terrorists. This has never happened in the history of our people; there were always serious injustices to take our land away from us, but treating us as terrorists harmed our people and our families, the members of my community,” and he indicated that “[i]f you consider this, we are being tried for something that has never been seen before. Prosecution based on something that had never been heard before, and paying a price that was so unjust, so painful. We don’t even know what a terrorist is and having to pay for something so unjust hurts. That is painful, that hurts.” Similarly, Mr. Huenchunao Mariñán testified on the “profound feeling of injustice that [he] and [his] people suffered owing to the application of the Counter-terrorism Act, and the arbitrary proceedings conducted by institutions of the State of Chile against [him], arresting [him] and convicting [him] as a terrorist.” Cf. Written statement made on May 27, 2013, by presumed victim Segundo Aniceto Norín Catrimán, and affidavit prepared on May 17, 2013, by presumed victim José Benicio Huenchunao Mariñán (file of statements of the presumed victims, witnesses and expert witnesses, folios 210 and 636). See also: Affidavits prepared on May 15, 2013, by expert witness Ruth Vargas Forman; on May 17, 2013, by presumed victims Juan Patricio Marileo Saravia, Juan Ciriaco Millacheo Licán and José Benicio Huenchunao Mariñán; written statement made on May 27, 2013, by presumed victim Patricia Roxana Troncoso Robles (file of statements of presumed victims, witnesses and expert witnesses, folios 391, 554, 183, 193, 197, 201, 205, 630, 637, 640, 642, 647 and 657), and statements made by presumed victims Florencio Jaime Marileo Saravia and Víctor Manuel Ancalaf Llaupe before the Inter-American Court during the public hearing held on May 29 and 30, 2013 . 132

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents