A/HRC/32/36/Add.1 68. The Special Rapporteur calls upon the authorities to ensure a safe and conducive environment for Mapuche exercising their right to freedom of peaceful assembly. Fundamentally, a lasting solution to land dispute issues must be achieved and to this end the Special Rapporteur once again refers to the reports of his peers and other human rights mechanisms that have made concrete recommendations in this regard. Case of Nelson Quichillao 69. The Special Rapporteur is similarly disturbed by the killing on 24 July 2015 in El Salvador, Atacama Region, of Nelson Quichillao, a contract copper mine worker who was shot dead by police special forces during a protest. The protestors, all subcontractors working for CODELCO, the State-owned copper mining company, were blockading the road to the mine, calling for better pay and benefits. Police used live ammunition to clear the demonstration. 70. The Special Rapporteur travelled to El Salvador, including to the site where the tragedy occurred, and met with Mr. Quichillao’s colleagues at the Confederation of Copper Workers (CTC). He also met with local authorities, including the police, in Copiapo, and representatives of the Federation of Copper Workers (FTC) — the union that represents permanent employees —, who have dissociated themselves from the Confederation’s action, to discuss this case. 71. The authorities claim that the protest was not entirely peaceful, and that they were acting in self-defence when they fired live ammunition. In fact, Mr. Quichillao was inside a mechanical shovel when he was shot by the police special forces, who claimed that he was using the vehicle to advance on them. Some witnesses stated, however, that the vehicle was moving away from the police forces when they opened fire. Regardless of the veracity of the claims, the Special Rapporteur believes that the police response raises serious questions regarding proportionality. He stresses again that individuals retain at all times their rights to life and physical integrity, even if they become violent during protests, and it is the State’s duty to safeguard those rights. 72. The Special Rapporteur welcomes the investigation that has been opened into the case, which was still ongoing at the time of the drafting of this report. He trusts that it will be conducted in an impartial, transparent and thorough manner, with a view to shedding full light on this tragedy as the best way to ease the tensions among the copper workers community. 3. Preventive identity controls 73. Another issue of concern that was brought to the attention of the Special Rapporteur during his visit was preventive controls of demonstrators’ identification by the police. 74. Article 85 of the Code of Criminal Procedure allows authorities to undertake identity controls in the context of a crime committed or suspected of being committed. A person failing or refusing to identify himself or herself can be taken to the nearest police station, where further efforts of identification may take place. The individual may be held for up to eight hours, after which he or she must be released. 75. The Special Rapporteur received reports that the authorities have performed preventive identity controls in the context of protests, stopping individuals at random — with no specific evidence that they had committed or were about to commit a crime —, requesting identification and detaining them if identification cannot be produced. The authorities have denied any such practice. The Special Rapporteur believes that the use of such identity controls amounts to a type of profiling and surveillance that has the potential to chill the exercise of the right to freedom of peaceful assembly. 14