was applied in relation to acts that were not related to the said protest; (b) other information
refers to the proceedings instituted by the Ministry of the Interior and Public Security from 2005
to June 2012 (without specifying whether this refers to those instituted throughout Chile), from
which it is possible to determine in how many the Counter-terrorism Act was cited and also to
note that it appeared to have been cited for facts that prima facie – based on the description in
the document – would have no relation to the context of the Mapuche social protest,235 and (c)
other information consists in tables relating to the investigations conducted by the Public
Prosecution Service for offenses established in the Counter-terrorism Act between 2000 and
July 2013236 and between 2000 and April 2013237 that – contrary to the two documents
mentioned above include information on the status or result of the proceedings, but do not
disaggregate the information by ethnic origin.238 Also, with regard to the geographical areas
that the evidence refers to, some of it covers data only from the Region of Araucanía,239 without
comparing it with references to and application of the Counter-terrorism Act in the rest of the
country; some of it covers the whole of the State of Chile without disaggregating the
information by ethnic origin,240 and some of it does not mention the geographical area
covered.241 These same differences with regard to the use of statistics are present in the reports
of the Special Rapporteurs and of the international human rights bodies.
217. Nevertheless, the Court pays particular attention to the information contained in the
“comments of the State of Chile on the report of the visit of the Special Rapporteur” for
promotion and protection of human rights while countering terrorism,242 according to which,
between 2000 and 2013 “the Public Prosecution Service had conducted a total of 19
proceedings under the Counter-terrorism Act, 12 of which related to land claims by Mapuche
groups.”243
235
The document was provided by the State indicating that it was a “List of proceedings in which the Counterterrorism Act has been cited” (file of annexes to the answering brief, annex 8, folios 180 to 190).
236
Document offered by the State as a “List with a historical record of [investigations] instituted under the Counterterrorism Act between 2000 and 2013 throughout Chile (Source: Public Prosecution Service).” The table provided does not
have a heading (file of helpful evidence presented by the State, folios 52 to 55). The Court has noted the assertion made by
the FIDH in its observations on this evidence presented by Chile that the information provided in this document is
incomplete, because, among other matters, it does not contain information on the proceedings held against Victor Manuel
Ancalaf Llaupe.
237
Cf. document forwarded by the Public Prosecution Service in answer to the request for access to public
information made by the representative Sergio Fuenzalida on April 8, 2013 (annex provided by CEJIL with its final
arguments).
238
In this regard, see footnote 243.
239
The State provided this document indicating that it is a “Document with information on the investigations in the
Region of Araucanía (Source: Public Prosecution Service)” (file of helpful evidence presented by the State, folios 56 to
60).
240
Document provided by the State indicating that it was a “List with a historical record of proceedings instituted
under the Counter-terrorism Act between 2000 and 2013 throughout Chile.” The table provided does not have a heading
(file of helpful evidence presented by the State, folios 52 to 55).
241
The document was provided by the State indicating that it was a “List of proceedings in which the Counterterrorism Act has been used” (file of annexes to the answering brief, annex 8, folios 180 to 190).
242
Cf. UN Doc. A/HRC/25/59/Add.3, 11 March 2014, Human Rights Council, Comments of the State of Chile on the
Report of the Special Rapporteur for the promotion and protection of human rights and fundamental freedoms while
countering terrorism, Ben Emmerson. Addendum, Mission to Chile, para. 12.
243
This statistic is similar to the information provided by the parties in these proceedings:
a)
The document forwarded by the Public Prosecution Service in response to the request for access to public
information made by the representative Sergio Fuenzalida on April 8, 2013 (annex provided by CEJIL with its final
arguments), which consists in a table with information on a total of 21 proceedings instituted by the Public
Prosecution Service in which the Counter-terrorism Act was used between 2000 and April 2013 throughout Chile.
This document does not contain information on the defendants disaggregated by ethnic origin. However, in its brief
75
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