In the early 2000s, members of the various communities within the indigenous Mapuche group were involved in demonstrations over the encroachment of their ancestral lands, and the use and enjoyment of the natural resources on those lands. Most of the demonstrations were peaceful. However, a few resulted in violence and property destruction. Eight people, including some prominent Mapuche leaders, were charged with crimes under Chile's Terrorist Act. By charging under the Terrorist Act, the State could arbitrarily prolong detentions, and prohibit the victims from engaging in any political activities or holding public office for a period of fifteen years. This crippled the Mapuche who were left leaderless. Additionally, the victims in this case were denied access to a fair trial. The Court found the State violated several articles of the American Convention on Human Rights.
Violations Against The Inter-American Convention On Human Rights
Article 7(5) Right to Be Promptly Brought Before a Judge and Right to a Trial Within Reasonable Time
Did the State Raise Preliminary Objections?