C) Domestic legal framework 94. During the criminal proceedings against the presumed victims in this case, norms of the Constitution, criminal law (Criminal Code and special criminal law on terrorism) and criminal procedural law (1906 Code of Criminal Procedure and 2000 Criminal Procedural Code, and Code of Military Justice) were applied, and they will be described below, before examining them in the corresponding chapters on the merits. 1. Constitution 95. Article 9 of the Constitution of the Republic of Chile101 contains provisions for the criminal prosecution of “acts of terrorism” and penalties in addition to imprisonment. In addition, article 19(7)(e) contains regulations concerning the right to personal liberty and “preventive or pre-trial detention.” Article 9. Terrorism, in any of its forms, is intrinsically contrary to human rights. Those found guilty 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 is understood that the foregoing is without prejudice to other disqualifications or those that last longer according to the law. The offenses referred to in the preceding paragraph shall always be considered common and not political offenses for all legal effects, and a private pardon shall not be admissible, unless this is to commute the death penalty for life imprisonment. Article 19(7)(e) and (f) establishes the following: Article 19. The Constitution ensures to everyone: […] (7). The right to personal liberty and individual safety. Consequently: […] (e) Pre-trial release shall be in order, unless the judge considers that detention or pre-trial detention is necessary for the preliminary investigations or for the safety of the victim or of society. The Law shall establish the means and requirements for obtaining this. en Chile”, Chile, Santiago. LOM Ediciones, 2007, p. 145 (file of annexes to the CEJIL motions and arguments brief, annex D5, folio 3325). Similarly, the amicus curiae brief presented by Claudia Gutiérrez Olivares, Professor of Ethics and Political Philosophy of the Universidad of Chile, when referring, inter alia, to “the opinion” and “the discourse” of the mass media in relation to the Mapuche people, stated that “very frequently, […] the media use a discriminatory language that marginalizes the Mapuche people,” by presenting them as “small groups that obstruct development” owing to their “social mobilization” based on “opposition to production and energy projects that it is sought to develop on indigenous lands or nearby.” Thus, she indicated that “[n]ewspaper coverage of the Mapuche issue usually takes the approach of the Mapuche conflict,” dealing with news concerning this situation “clearly in favor of one of the parties,” which is the “businessmen” or “owners of forestry company [or of] farms.” In this regard, she referred to an article by Fresia Andrea Amolef Gallardo entitled “La alteridad en el discurso mediático: Los Mapuches y la prensa Chilena”, indicating that, in the article, the author summarizes the treatment given to the Mapuche in a major Chilean newspaper that uses “concepts and expressions” based “almost exclusively” on “negative, pejorative and discriminatory characteristics,” as well as a description of “the negative consequences” of “the actions taken by” the Mapuche. She affirmed that this author shows that “the press creates a climate that is hostile to the social demands of the Mapuche people, contributing to delegitimize them, as well as to producing distrust and fear among the population” (merits file, tome IV, folios 1854 to 1864). 101 Cf. Constitution of Chile of August 8, 1980, and its amendments. The State indicated that the version of the “Constitution of Chile in force at the time of the acts for which the presumed victims of this case were prosecuted” is available at: http://www.leychile.cl/Navegar?idNorma=7129&idVersion=2001-08-25. 33