manner, and created a causal nexus between the Mapuche origin of the presumed victims and the determination of their criminal responsibility. In the nineteenth considerandum, the terrorist intent was inferred from stereotypes and prejudices relating to the violence of the Mapuche land claims and from the testimony of witnesses concerning the “fear” they felt owing to actions other than those that were being tried in the proceedings. 40. The domestic court accorded fundamental significance to evidence that was unrelated to the acts that were being prosecuted in these criminal proceedings, but rather concerned other acts that, furthermore, were not even attributed to the accused. In addition, it did not mention whether criminal convictions had been handed down in relation to those acts. In our opinion, this evidence created a prejudgment as regards the terrorist intent and, based on the analysis made by the court in the judgment, it was decisive in the ruling that the act was a terrorist offense. The criminal court used expressions such as a “well-known and notorious” or it is “public knowledge” in order to found its reasoning. The use of the said expressions relates to more general reflections affirming that violent acts and crimes had been committed in the region where the criminal act was perpetrated in relation to the Mapuche claims. The undersigned consider that the domestic court used the said expressions as a substantial argument to establish that the members of the Mapuche community who were claiming ancestral lands were necessarily violent or that they had a greater propensity to commit offenses than the rest of the population. C) The criminal judgment convicting Mr. Ancalaf Llaupe 41. In the criminal judgment that convicted Víctor Ancalaf as perpetrator of the offense established in article 2.4 of Law 18,314, the Court of Appeal included considerations on the fact that the acts occurred in the context of resistance to the construction of the hydroelectric plant, and the “Pehuenche conflict” 59 in order to landholders, under pressure, warning them of the different consequences they will face if they do not accede to the demands. Many of these threats have materialized in the form of attacks on physical integrity, robberies, theft, arson, vandalism and land occupation, which have affected both the personnel and property of various owners of agricultural properties and logging companies in this part of the country; during the oral proceedings the court heard numerous pieces of testimony and learned some of the background to this situation, notwithstanding the fact that this is public knowledge. The obvious inference is that the objective is to instill in the population a well-founded fear of falling victim to similar crimes, and thereby to force the owners to cease any further exploitation of their properties and ultimately to force them to abandon their properties, because the feeling of insecurity and unease that these attacks cause has led to a decrease in the availability of labor and an increase in its cost, an increase in the costs of leasing farm equipment and insuring the properties, the installations and the crops. Furthermore, it is becoming increasingly common to see workers, machinery, vehicles and operations on the different properties under police protection, to safeguard operations, all of which affects rights protected by the Constitution. The court’s conclusion is a result of the testimony given by witnesses […] all of whom told the court that they were direct victims or knew of threats and attacks on persons or property perpetrated by individuals of Mapuche origin. Albeit in different ways, these witnesses all expressed the feeling of fear that those acts have instilled. This background information is in the report of the meeting of the Senate’s Constitutional, Legislative and Justice Committee, paragraphs of which were read during the hearing 59 According to the Report of the Commission on the Historical Truth and New Deal for the Indigenous Peoples, “at one point of the long [historical] process, the ancestral Pehuenche communities were part of a larger social community: the Mapuche People.” This was “the result of the development of the different peoples and cultures that, for thousands of years, peopled the actual territory of Chile.” Cf. Report of the 16