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was not only discriminatory and contrary to the principle of legality, but also a failure to comply with the
State’s duty to protect and respect the socio cultural integrity of the indigenous peoples, and a total
disregard for the dignity of the Mapuche indigenous people.
D. The right to freedom of expression and the political rights recognized in Articles 13
and 23 of the American Convention
219.
Article 13 of the American Convention provides:
Everyone has the right to freedom of thought and expression. This right includes freedom to seek,
receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in
writing, in print, in the form of art, or through any other medium of one's choice.
220.
Article 23 of the American Convention states:
1. Every citizen shall enjoy the following rights and opportunities:
a. to take part in the conduct of public affairs, directly or through freely chosen representatives;
b. to vote and to be elected in genuine periodic elections, which shall be by universal and equal
suffrage and by secret ballot that guarantees the free expression of the will of the voters; and
c. to have access, under general conditions of equality, to the public service of his country.
2. The law may regulate the exercise of the rights and opportunities referred to in the preceding
paragraph only on the basis of age, nationality, residence, language, education, civil and mental
capacity, or sentencing by a competent court in criminal proceedings.
221. In all three criminal proceedings examined in the instant report ancillary penalties were
imposed under Article 9 of the Constitution of Chile. As was mentioned in the section on proven facts,
this provision specifically sets out the following consequences for terrorist crimes:
Those found guilty shall be disqualified for 15 years from discharging public duties or holding public
office, regardless of whether or not the appointment is by popular election; from being the rector or
director of an educational establishment or performing teaching activities therein; from operating a
social communications media outlet or being a director or manager thereof, or performing therein
functions connected with the broadcast or dissemination of opinions or information; and from being
the leader of a political organization, an organization associated with education, or a neighborhood,
professional, business, labor, student, or trade association, during that time.
222. The Commission has already concluded in the instant report that the victims were
convicted of crimes that were classified as terrorist offenses, on account of their status as members,
leaders, and activists of the Mapuche indigenous people, or -in the case of Patricia Troncoso- their links
thereto. The Commission further concluded that these considerations were not justified and that,
consequently, the convictions for terrorist crimes constituted acts of discrimination against the victims.
223. The Commission notes that one of the implications of the classification of an offense as
terrorist is the imposition of the penalties set forth in Article 9 of the Constitution, which, owing to their
content, affect the exercise of other rights recognized in the American Convention, including freedom of
expression and political rights. Bearing in mind that these specific penalties for terrorist crimes were
based on decisions that have already been found to be discriminatory, the Commission concludes that
the State of Chile also violated the rights set forth in Articles 13 and 23 of the American Convention, in
connection with Article 1(1) thereof, to the detriment of Segundo Aniceto Norín Catrimán, Pascual
Huentequeo Pichún Paillalao, Florencio Jaime Marileo Saravia, José Huenchunao Mariñán, Juan
Patricio Marileo Saravia, Juan Ciriaco Millacheo Lican, Patricia Roxana Troncoso Robles, and Víctor
Manuel Ancalaf Llaupe.