Observatory for the Protection of Human Rights Defenders Annual Report 2004 - Chile

Sentencing of Mapuche leaders for terrorism51

In the context of the conflict between the Mapuche people and forestry companies and big landowners, the criminalisation of the Mapuche community leaders intensified in 2004.

On 2 January 2004, Mr. Victor Ancalaf, former leader of the Mapuche co-ordinating committee "Arauco Malleco", was sentenced to five years in prison, in accordance with the anti-terrorist Act 18314, enacted on 17 May 1984 by General Pinochet and modified under the first civilian government in February 1991. This law allows the prosecution to use anonymous witnesses, in violation of the right to a fair trial. At the end of 2004, Mr. Ancalaf remained in detention.

On 21 August 2004, Mr. José Huenchunao Mariñan, spokesman for the Mapuche coordinating committee "Arauco Malleco", and Mr. Juan Millacheo Licán, head of the Chekenko community, were sentenced by the court of Angol to ten years and one day in prison. At the end of 2004, they were still in detention. Three other members of the Mapuche community, Mrs. Patricia Troncoso, Mr. Florencio Jaime Marileo and Mr. Juan Patricio Marileo Saravia, also received prison sentences.

These persons were charged with starting a "terrorist fire" (an offence punished by anti-terrorist Act 18.314) on land owned by the Mininco forestry company on 19 December 2001. This trial had begun on 27 July 2004 against 11 Mapuches from the Tricauko, San Ramon and Chekenko communities, in Ercilla commune. All denied the charges. During the trial, only the five above-mentioned people, out of the 11 charged, came before the court. The others were declared "rebels" for having failed to appear, and a permanent warrant was issued for their arrest. Amongst them were four Mapuche leaders: José Osvaldo Cariqueo, head of San Ramon, Luis Catrimil, head of Tricauko, Mrs. Mireya Figueroa, a Tricauko leader, and José Llanquileo, leader of the "Arauco Malleco" coordinating committee.

The trial was marred by numerous irregularities, particularly in the testimonies of the prosecution's witnesses and experts, which displayed contradictions and there is every indication that the accused did not receive a fair and equitable trial. This case is also evidence that defenders of Mapuche rights are more and more classed as terrorists.


[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

51. See Press Release, 24 August 2004.

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