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
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