Changes to Antiterrorism Law Coming

The Chilean government has introduced changes to the country's controversial anti terrorist law. The law which passed during the Augusto Pinochet dictatorship has been used in the past few years against Mapuche Indians who are fighting to reclaim their lands. The reforms to the anti terrorist legislation seek to strike from the books certain actions, like arson. And keep only statutes that threaten life, physical well-being, freedom and public health.

Mapuche lands during the Pinochet years were parcelled off to local chieftains, who later sold them for a song and dance to land speculators who later sold the tracks of lands to large forestry industry who turned farmlands into large pine and eucalyptus stands used in construction and paper industry.

Over the past few years, Mapuche Indians in southern Chile have staged different actions in efforts to recuperate lands taken over by the forestry industry. It is alleged the Mapuches set fires to fire logging camps, farmhouses and wood stands.

Four Mapuches were convicted in 2005 of setting fire to forestry owned lands claimed by the Mapuches. Juan Patricio Marileo, Jaime Marileo, Juan Carlos Huenulao y Patricia Troncoso, were given a 10-year jail sentence convicted of arson under the anti terrorist act.

The 2005 trial was the second trial after the Supreme Court ruled the first trial was conducted in error. In the second trial, prosecutors introduced hooded witnesses who say the four were responsible of an arson campaign against lands owned by the forestry industry.

The four staged a lengthy 63-day hunger strike demanding their release. The hunger strike ended after negotiations began with Senators and Catholic priests who vowed to work for their release from jail.

Socialist Senators Alejandro Navarro and Jaime Naranjo introduced legislation in April that would free the Mapuches, but the legislation has been bogged down in committee because Senators say it is tailored to meet to meet the demands of the four Mapuches and legislations cannot be tailor made to particular individuals.

Naranjo praised the changes, he says the legislation he introduced with Senator Navarro, led to the changes put forth by the government.

Government benches Senator José Antonio Gómez, who at the time of the two trials served as Minister of Justice, now says it was an error to use the Pinochet era antiterrorism law to prosecute the Mapuches. He says, he opposes to the application of antiterrorism law while as Minister of Justice saying he favoured applying the Criminal Code. However, there is no official record of statements showing Gómez's opposition to the way the prosecutors were handing the Mapuches’ case.

To put an end to the Mapuche problem, the government tabled reforms to the anti terrorism act, included in the reforms is striking arson from the law.

Right-wing Senator Alberto Espina says he will oppose any change that eliminates arson from the anti terrorist act. But pro-government senators say the changes are needed.

If the government changes are approved the Mapuches would be free in a short period of time, because arson is a criminal offence that carries a three maximum sentence.

Meanwhile the French based human rights organization -Federación internacional de Derechos Humanos (FIDH)- is investigating the well-being of the four Mapuches and monitor changes to the anti terrorist act.