was in this context that the acts occurred for which the eight presumed victims in this case
were criminally prosecuted:
a)
b)
c)
d)
e)
f)
g)
A fire in the Nancahue forest plantation and in the house of the administrator of
the plantation on December 12, 2001, of which the Lonkos Segundo Aniceto Norín
Catrimán and Pascual Pichún Paillalao were acquitted (infra paras. 106, 112 and
116);
“Threats” to set fire to the San Gregorio plantation that “occurred during 2001” for
which Lonko Segundo Aniceto Norín Catrimán was convicted (infra paras. 106, 116
and 118);
A fire that occurred on December 16, 2001, in the San Gregorio forestry
plantation, of which the Lonkos Segundo Aniceto Norín Catrimán and Pascual
Pichún Paillalao were acquitted (infra paras. 106, 112 and 116);
“Threats” to set fire to the Nancahue forest farm that “occurred during 2001” for
which Lonko Pascual Pichún Paillalao was convicted (infra paras. 106, 112 and
116);
A fire that occurred on December 19, 2001, at the Poluco and Pidenco farms,
owned by the forestry company, Mininco S.A., for which Juan Patricio Marileo
Saravia, Florencio Jaime Marileo Saravia, José-Benicio Huenchunao Mariñán, Juan
Ciriaco Millacheo Licán and Patricia Roxana Troncoso Robles were convicted (infra
paras. 120, 126 and 128);
The setting fire to three trucks and a backhoe owned by the Fe Grande company
(that worked on the construction of the Ralco dam) on September 29, 2001, and
March 3, 2002, in the Alto Bío Bío sector, of which Werken Víctor Ancalaf Llaupe
was acquitted (infra paras. 133 and 147), and
The setting fire to a truck owned by the construction company, Brotec S.A. (that
worked on the construction of the Ralco dam), on March 17, 2002, in the Alto Bío
Bío sector, of which Werken Víctor Ancalaf Llaupe was convicted (infra paras. 133,
147, 150 and 151).
82.
In this regard, the Special Rapporteur on the situation of human rights and fundamental
freedoms of indigenous people, Rodolfo Stavenhagen, indicated, in relation to his visit to Chile
in 2003, that around that time there had been a “growing number of conflicts in the Mapuche
area, including Regions VIII, IX and X.” He stated that:
Most of the conflicts reported stem from Mapuche land claims and generally involve one of three types
of protest:
(a) The organization of pressure groups acting on behalf of those who have unsuccessfully applied for
additional land or for the restitution of their land;
(b) The occupation of disputed land, as a means of applying direct pressure and gaining publicity;
(c) The occupation of land that is not the object of any ongoing legal claim, involving actions that are
serious by definition (such as setting fire to forest plantations or buildings, destroying equipment and
fences or blocking communication routes) and clashes with the police.
He added that:
[T]he distinctions between these three types of protest are not clear-cut and in some cases a transition
from one to another can be observed, depending on whether there are delays or problems in finding
solutions to the demands for additional land and for restitution of land. It should also be pointed out
that the third, and most serious, type of conflict occurs mostly in the provinces which have higher
resolution 2003/56, Addendum, Mission to Chile, para. 28 (file of annexes to the Merits Report 176/10, annex 5, folio 257),
and UN Doc. A/HRC/12/34/ Add.6, 5 October 2009, Report of the Special Rapporteur on the situation of human rights and
fundamental freedoms of indigenous people, James Anaya, Addendum, The situation of indigenous peoples in Chile: followup to the recommendations made by the previous Special Rapporteur, para. 57 (file of annexes to the Merits Report, Annex
12, folio 443).
27