terrorism Act “to individuals belonging to the Mapuche indigenous people” and the “criminalization of the social protest.” 215. It is evident that members of the Mapuche indigenous people or activists linked to their cause have been prosecuted and, at times, convicted for actions that the law presumed to be terrorist acts under the legal framework in force at the time.228 Several trials did conclude with an acquittal and, in this regard, the acquittal of Ms. Troncoso Robles and Messrs. Pichún Paillalao and Norín Catrimán and another five persons is particularly noteworthy. They were tried for the offense of conspiracy to commit a terrorist offense and accused of having formed an organization to commit offenses of a terrorist nature that acted “under the aegis” of the indigenous organization “Coordinadora Arauco-Malleco” (CAM) (supra para. 92). 216. Both the representatives and the State used or presented evidence relating to statistics on the application of the Counter-terrorism Act that covered different geographical areas and time periods or that analyzed the data from different perspectives. For example, regarding the periods of time, one piece of evidence refers to the period 1997 to 2003,229 another to 2000 to 2013,230 another to 2005 to 2012,231 another to 2008 to 2012,232 and another to 2010 and 2011.233 Regarding the different purposes of the analysis, the Court points out that, for example: (a) one document refers to the number of complaints filed by the Ministry of the Interior and Public Security “for Mapuche protest actions” in “Regions VIII and IX” between 1997 and 2003, and reveals the application of the Counter-terrorism Act as of 2002,234 but does not include information on the results of these proceedings or on proceedings in which this law 228 As indicated by Chile in its final written arguments presented in June 2013, “[s]ince 2004, only one person has been convicted of terrorist offenses; in 2009, in a case in which the accused himself acknowledged the acts simply in order to receive a lesser punishment.” Also, in the information that Chile provided to the Human Rights Committee on October 21, 2008, the State affirmed that “[n]ine individuals of indigenous origin were convicted under [Law 18,314].” Cf. UN Doc. CCPR/C/CHL/CO/5/Add.1, 22 January 2009, Human Rights Committee, Consideration of reports presented by States Parties under Article 40 of the Covenant, Addendum, Information provided by the Government of Chile on the implementation of the concluding observations of the Human Rights Committee, 21 October 2008, para. 22.b). 229 Cf. Article by Víctor Toledo Llancaqueo, “Prima ratio Movilización mapuche y política penal. Los marcos de la política indígena en Chile 1990-2007,” in the journal Observatorio Social de América Latina, Year VIII, No. 22, September 2007, Buenos Aires (file of annexes to the FIDH motions and arguments brief, annex 9, folios 66 to 105). Page 263 of this journal includes a “Table” entitled “Regions VIII and IX. Complaints filed by the Government for Mapuche acts of protest, 1997-2003,” which indicates that the source of the information is a “note of the Ministry of the Interior based on a report of the Senate (2003) and INE judicial statistics.” 230 Cf. Document provided by the State indicating that it is a “List with a historical record of proceedings instituted throughout Chile under the Counter-terrorism Act between 2000 and 2013.” The table provided does not have a heading (file of helpful evidence presented by the State, folios 52 to 55). 231 The document was provided by the State indicating that it is a “List of proceedings in which the Counterterrorism Act was used” (file of annexes to the answering brief, annex 8, folios 180 to 190). The probative elements offered do not allow the source of this document to be verified conclusively. 232 The State provided this document indicating that it was 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). 233 During the public hearing, expert witness Jorge Contesse stated that, “the 2011 annual report of the National Human Rights Institute indicates that, between 2010 and 2011, of [the] 48 individuals who were subjected to the special regime of the law that penalizes terrorist actions [Law No. 18,314], 32 of them […] belonged to the Mapuche people or were linked to it. Cf. Statement made by expert witness Jorge Contesse before the Inter-American Court during the public hearing held on May 29 and 30, 2013. 234 Cf. Article by Víctor Toledo Llancaqueo, “Prima ratio Movilización mapuche y política penal. Los marcos de la política indígena en Chile 1990-2007,” in the journal Observatorio Social de América Latina, Year VIII, No. 22, September 2007, Buenos Aires (file of annexes to the FIDH motions and arguments brief, annex 9, folios 66 to 105). Page 263 of the journal includes a “Table” entitled in “Regions VIII and IX. Complaints filed by the Government owing to Mapuche acts of protest, 1997-2003” indicating that the source of the information is a “Note of the Ministry of the Interior based on a report of the Senate (2003) and INE judicial statistics.” 74