Undue Process:
Terrorism Trials, Military Courts and the Mapuche in Southern Chile

I. Summary

II. Recommendations

On Anti-Terrorism Trials

On Military Justice

On Police Operations

III. Background

Government Policies

The Spread of Commercial Tree Plantations in Ancestral Mapuche Lands

Mapuche Mobilization

Pressure for Firmer Government Action

Chile’s “Terrorists”

Chile’s New Criminal Justice System

IV. Anti-Terrorism Trials

Terrorist Crimes

Due Process Restrictions

Pretrial Detention

“Faceless” Witnesses

Supreme Court Interventions

Illicit Terrorist Association: Double Jeopardy?

Pursuit of Crime or Political Persecution?

V. Ill-treatment and Police Brutality

Ill-treatment during Police Raids

Ill-treatment after Detention

VI. Military Justice

Obstacles Posed by Military Tribunals for Mapuche Seeking Redress for Police Abuse

Alex Lemún Saavedra

Alberto Coliñir Painemil

Daniela Ñancupil

Use of Military Tribunals against Mapuche Defendants Accused of Attacks on Police

VII. Acknowledgments

Vol. 16, No. 5   October 2004

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