A/HRC/32/36/Add.1
children). They were then handcuffed and taken in a police van to the police station in Río
Bueno, where the 12-year-old boy presented minor injuries.
62.
The Special Rapporteur acknowledges that farmers involved in land disputes have
on some occasions been the victims of threats and acts of violence by Mapuche individuals.
However, in a meeting, the farmers themselves recognized that these violent Mapuche
individuals only represented a very small portion of the entire Mapuche community.
Furthermore, farmers have assaulted Mapuche and have reportedly not been prosecuted.
63.
The Special Rapporteur was also informed that, in rural areas, there is a constant
police presence in Mapuche communities, which fuels tension and frustration within these
communities. Between 2009 and 2013, there were reportedly 70 police raids on Mapuche
communities, most carried out without a search warrant. In this context, six decisions
handed down by a court in Temuco ordered the police to refrain from violence and to
consider the safety of children during their operations. The police stated that, since
December 2013, all police interventions have been carried out on the basis of a court order.
64.
In one distressing case, a female Mapuche religious leader (Machi) was put under
house arrest for eight months after the police allegedly discovered an illegal gun in her
house. The Machi denied that she had hidden the weapon and claimed that it had been
planted in her house. She had previously filed a complaint against a farmer for land
restitution, reportedly the first claim of its kind. The Machi was prosecuted and found
guilty of hiding a weapon, but later acquitted by the Supreme Court. While in police
custody, she was forced to remove her traditional outfit and necklaces, which she
considered deeply humiliating. She was later granted compensation by a civil court in
Temuco because the police officers failed to respect her ancestral authority as a Mapuche
Machi (although the court ruled that her detention and the raid at her place had been carried
out in accordance with the law).
65.
Mapuche demonstrations in urban areas are reportedly regularly authorized, but the
massive presence of the police — seen as a form of intimidation — hinders participation.
According to testimonies, if the organizers seek permission to demonstrate from the
authorities, the police will unilaterally determine the route of the protest. In this regard, the
Special Rapporteur clarifies that the choice of location and route of an assembly principally
belongs to the organizers of the assembly.
66.
The Special Rapporteur was informed that, when a protest takes place
spontaneously, for instance, in reaction to the sentencing of a Mapuche leader, it will be
dispersed immediately, usually by the police firing tear gas and rubber bullets or beating
protestors. In 2014, the leader of a Mapuche movement against land grabbing was
reportedly apprehended during a protest in front of a court, forced into a car and beaten
inside the vehicle.
67.
From 17 August to 7 September 2015, a group of Mapuche, including several
women and children, belonging to 11 communities in the Malleco Region peacefully
occupied the premises of the Corporation for the Development of Indigenous Peoples
(CONADI) in Temuco. They were demanding that their ancestral land be respected and that
security forces present in the communities of Bajo Malleco be withdrawn. The police
special forces eventually intervened to clear the occupation in a reportedly excessively
forceful manner and with complete disregard for the fact that there were children on the
premises. Several Mapuche were injured during the operation. The police operation also
breached a court order that required the presence of an INDH representative during any
action to evacuate premises. The police told the Special Rapporteur that they had tried to
reach the local INDH representative ahead of the operation, but to no avail. However, the
INDH representative told the Special Rapporteur that he only had one missed call from the
police late at night, a few hours before starting the intervention.
13
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