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deemed that it constituted “terrorist offenses” on the basis that the subjective element of a “terrorist
intent” had been proven, whereupon the Anti-Terrorism Act became the applicable law.
190. According to the information available in the case record, the three verdicts of conviction
that became final make repeated references to what the judges regarded as the sociopolitics of the
Mapuche people and their social protests in Chile’s regions VIII and IX.
191. For example, in the case prosecuted against Aniceto Norín and Pascual Pichún
constant allusion was made to the so-called “Mapuche conflict” in order to make the case that the fires
and threats under investigation were terrorist acts and to portray the defendants’ terrorist intent as
proven fact. Taken together, the conviction that the Angol oral criminal trial court handed down on
September 27, 2003, contains various relevant passages that demonstrate that the classification of their
conduct as terrorist acts was based in part on the socioeconomic context that the Court regarded as the
backdrop against which the facts under investigation took place.
192. Of particular interest is Consideranda 13, where the Court explained why, in its judgment,
the crimes of which the defendants were accused were terrorist crimes. In the words of the court, “the
crimes herein specified must be viewed against the backdrop of a process of recovering Mapuche lands,
in which the perpetrators took direct action, without respecting the legal and institutional order and by
recourse to the use of force through measures that were planned, agreed and prepared in advance by
radicalized groups that seek to create a climate of insecurity, instability and fear in various sectors of
Regions VIII and IX.” The Angol Oral Criminal Trial Court, in referring to this representation of the
“Mapuche conflict,” noted that "the purpose is to inspire in people a justified fear of being victims of
similar attacks and, thereby, force them to stop developing their properties and abandon them.”
193. To reach this conclusion, the Court relied on statements of the “context witnesses” during
the course of the criminal case, witnesses who –the Commission notes- did not testify about the acts
carried out specifically by Pascual Pichún or Aniceto Norín; instead, their testimony concerned other
crimes or threats of which they had allegedly been victims, reports or subjective assessments of the
situation and facts about the economic situation. Indeed, the Court mentioned that these witnesses were
aware of threats or attacks on people or property "perpetrated by persons belonging to the Mapuche
ethnic group.” Mention was also made of a report in the press that referred to the "number of conflicts
caused by mapuche groups through terrorist acts.”
194. Then, in Consideranda 15 of the conviction, the Court listed six considerations, which
followed the phase “As for the involvement of the two defendants, the following has to be considered”:
(1) it is a “public and notorious fact” that de facto organizations have existed within the area for some
time that commit acts of violence or incite violence on the pretext of their territorial claims. Their modus
operandi includes various acts of force targeted at the lumber businesses, small- and medium-size
farmers, all of whom have one thing in common: they are owners of properties that are adjacent to,
neighbor or are nearby indigenous communities that are asserting historical claims to those properties.
The purpose of the measures is to reclaim lands that they believe are their ancestral lands. The illegal
occupation of those lands is the means to accomplish the most ambitious goal. Through these actions,
they believe they will gradually recover a portion of their ancestral territory and thereby strengthen the
territorial identity of the Mapuche people”; (2) “[i]t has not been sufficiently established that these acts
were caused by persons outside the Mapuche communities, since they are acts clearly intended to
create a climate of harassment towards the property owners in the sector, in order to instill fear and get
them to accede to their demands. This is the logic of the so-called “Mapuche Problem.” The
perpetrators knew the territory they were claiming and no Mapuche community or property was
affected”; (3) that Pascual Pichún and Aniceto Norín are lonkos of their respective communities, which
“means they have authority within their community and have some degree of command and leadership
in those communities”; (4) that both defendants had been convicted of other crimes in the past, one of
which involved occupations of land; (5) the communities of which the two defendants are lonkos are
adjacent to the Nancahue tree farm, and that (6) according to the statement by a witness based on his
investigations, both defendants are reportedly members of a violent de facto organization, the
Coordinadora Arauco Malleco.