78
Patricio Marileo Saravia, Juan Ciriaco Millacheo Lican, Patricia Roxana Troncoso Robles and Víctor
Manuel Ancalaf Llaupe.
8.
The violations of the human rights recognized in articles 8, 9, 24, 13 and 23, described
above, had a resulting impact on the socio cultural integrity of the Mapuche people as a whole.
9.
The Chilean State did not violate the rights to a competent and independent judge or the
principle of non bis in idem, recognized in articles 8(1) and 8(4), respectively.
VII.
RECOMMENDATIONS
290. Based on the foregoing analysis and the conclusions reached in this report, especially
the fact that the Anti-Terrorism Act applied in this case is incompatible with the American Convention
and the convictions imposed were discriminatory,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
RECOMMENDS THAT THE STATE OF CHILE:
1.
Eliminate the effects of the terrorism convictions imposed on Segundo Aniceto Norín
Catrimán, Pascual Huentequeo Pichún Paillalao, Florencio Jaime Marileo Saravia, José Huenchunao
Mariñán, Juan Patricio Marileo Saravia, Juan Ciriaco Millacheo Lican, Patricia Roxana Troncoso Robles
and Víctor Manuel Ancalaf Llaupe.
2.
If the victims so choose, they shall have the opportunity to have their convictions
reviewed in a proceeding conducted in accordance with the principle of legality, the prohibition of
discrimination and the guarantees of due process, in the terms described in this report.
3.
Make adequate reparations to the victims for the pecuniary and non-pecuniary damages
caused by the violations declared in the present report.
4.
Adapt the Anti-Terrorism Act embodied in Law 18,314, so that it is compatible with the
principle of legality recognized in Article 9 of the American Convention.
5.
Adapt the domestic laws governing criminal procedure so that they are compatible with
the rights recognized in articles 8(2)(f) and 8(2)(h) of the American Convention.
6.
Adopt measures of non-repetition to eradicate the discriminatory prejudices based on
ethnic origin in the exercise of public power and, most especially, in the administration of justice.