World Report 2011 - Human Rights Watch

AMERICASPolice AbusesIn repeated incidents, carabineros have used excessive force during operations inindigenous Mapuche communities in the Araucanía region. Abuses typically occurwhen police try to control Mapuche protests and prevent land occupations, orwhen they enter communities to pursue activists suspected of crimes allegedlycommitted during land disputes with farmers and logging companies.Since 2002, police have been responsible for the deaths of at least threeMapuches. As noted, such cases are investigated by military courts that do notmeet international standards of independence and impartiality; sentences haveeither resulted in acquittals or been extremely lenient. In August 2010, for example,Corte Marcial (the military appeals court) placed on probation for three yearsa police corporal convicted of using excessive force by shooting a Mapucheactivist, Matías Catrileo, in the back with a submachine gun. Three military judgeson active service have a majority on the panel, which also includes two civilianappellate judges. The same court acquitted a policeman accused of shooting ayoung Mapuche, Alex Lemun, in 2002. In July 2010 it ordered charges droppedagainst four policeman accused of beating Carlos Curinao, the son of a Mapuchecommunity leader, while he lay prostrate on the ground.Counterterrorism LawsSince 2004 Human Rights Watch has expressed concern about inappropriate useof counterterrorism legislation to deal with common crimes, such as arson, committedby indigenous Mapuche activists. Under Chile’s counterterrorism law,crimes against property, such as burning homesteads, woods, or crops; or damagingvehicles or machinery, are considered terrorist crimes if judges believe theyare intended to spread fear among the population. Defendants under the lawhave restricted due process rights and face much higher sentences. As of June2010 more than 50 Mapuches faced terrorism charges and five had been convictedof terrorist crimes.In October 2010 the government enacted legislation to modify the counterterrorismlaw in response to a hunger strike by 32 Mapuche prisoners protesting thelaw’s application to their cases, as well as their prosecution by military courts.223