CAT/OP/CHL/1
reduce the stigmatization associated with criminal charges and sanctions. Hearings
should not be held in public, and the names of adolescents in conflict with the law
should remain confidential.
C.
Mapuche detainees
114. The Subcommittee has received reliable and consistent reports of excessive and
disproportionate use of force against members of the Mapuche people at the time of their
arrest, particularly by special police operations units of the Carabineros. The methods
employed included firing shots at close range to disperse social protests by members of the
Mapuche people, indiscriminate beatings and verbal abuse during arrests and raids. Some
of these incidents have left the victims with serious injuries, including partial loss of vision
and fractures resulting in partial paralysis, loss of mobility or permanent damage of some
type. The Subcommittee was also informed of cases of torture or ill-treatment of members
of the Mapuche community following their arrest. In some cases, individuals who had
received gunshot wounds prior to being arrested were subsequently tortured or subjected to
ill-treatment.
115. The Subcommittee is gravely concerned by the information it has received regarding
police actions in Mapuche territory, which have included restricting people’s freedom of
movement and arresting them when they are travelling along rural roads, often as a way of
preventing members of Mapuche communities from taking part in certain activities and
meetings. The Subcommittee has received reports of individuals being held in prolonged
temporary detention in rural settings without being transferred to a police station and being
mistreated during that detention.
116. The Subcommittee considers that all police operations involving the arrest of
members of the Mapuche people should take into account their world view and the
multifaceted problems they face. The Subcommittee repeats the recommendation of the
Special Rapporteur on the promotion and protection of human rights and fundamental
freedoms while countering terrorism that the State party should adopt “a national strategy
aimed at comprehensively addressing the Mapuche question within a defined and relatively
short time frame”.5
117. Similarly, the Subcommittee has received consistent reports of the application of
special criminal laws to Mapuche detainees. These laws have been applied in a
discriminatory and arbitrary manner, infringing the right of the accused to a fair trial.
118. With regard to the debate in the legislature on new counter-terrorism legislation, the
Subcommittee considers that the new law must meet international human rights standards.
119. The Subcommittee recommends that the application of special criminal laws to
individuals belonging to the Mapuche people should cease immediately. It further
recommends that counter-terrorism legislation should be applied only to terrorist
offences, using a restrictive interpretation of such offences, and should not be applied
to acts of social protest by any group, including the Mapuche people.
120. The Subcommittee observed that, in some cases, members of the Mapuche people
were segregated from the rest of the prison population. Even so, interviewees said that they
were not able to practice their beliefs in accordance with their world view by, for example,
using ancestral methods to heal ailments.
121. The Subcommittee recommends that the State party take the necessary
measures to ensure that Mapuche detainees can observe their cultural traditions and
customs in accordance with international standards in this area, 6 in the same manner
that other specific groups of detainees are allowed to practice their religions freely.
5
6
GE.17-07771
A/HRC/26/29/Add.2, para. 89.
International Covenant on Civil and Political Rights (art. 27); International Labour Organization
(ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169) (art. 5); United Nations Declaration
on the Rights of Indigenous Peoples (arts. 11, 12, 31 and 34).
17
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