CAT/C/68/D/882/2018 3.3 With regard to the pattern of human rights violations affecting Mapuche rights defenders, the complainant asserts that the indigenous people to which she belongs is subjected to discrimination, repression and violence by the Chilean authorities and private armed militias. She states that various international bodies are aware of this situation and cites, in this regard, the Committee’s concluding observations on the sixth periodic report of Chile, in which it noted both the confessions obtained from Mapuche activists under duress and the police brutality and excessive use of force against demonstrators, detainees and members of the Mapuche people during searches or raids in their communities.7 The complainant also notes the serious concern expressed by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism at the use of excessive force by the Carabineros and the investigative police during searches or raids in Mapuche communities and the lack of accountability for those crimes of excessive violence.8 3.4 Turning to the specific situation of the country’s arbitrary application of the Counter-Terrorism Act to Mapuche leaders with a view to crushing all political opposition, the complainant refers to the work of the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism following his mission to Chile, the main focus of which was the use of anti-terrorism legislation in connection with protests by Mapuche activists aimed at reclaiming their ancestral lands and asserting their right to collective recognition as an indigenous people.9 She also refers to two press releases on this issue from the Office of the United Nations High Commissioner for Human Rights, dated 30 July 201310 and 6 October 2017 respectively. 11 In addition, the complainant notes that the Inter-American Court of Human Rights handed down a judgment ordering Chile to set aside the criminal convictions of seven members of the Mapuche community and a human rights activist who had been found guilty of acts of a terrorist nature.12 Lastly, the complainant recalls the Committee’s concluding observations on the sixth periodic report of Chile, in which it expressed its particular concern about the inappropriate application of the Counter-Terrorism Act and urged Chile to review its legislation and practice in that regard.13 3.5 With regard to the personal risk that deportation to Chile would entail for her, the complainant claims that she would suffer the same fate as the members of her family and community who, in defending the rights of the Mapuche people, are the target of disproportionate, brutal and repeated attacks carried out by the Chilean State and private armed militias. She submits that she too would be at risk of an inappropriate application of the Counter-Terrorism Act. She thus claims that, although she has not been personally targeted by those attacks, the precautionary measures requested by the Inter-American Commission on Human Rights bear witness to the situation that she would face if she were forced to return to Chile. In view of her commitment to defending the rights of the Mapuche people on the international stage, the complainant would be subjected to the same violence if she were to be forcibly returned to Chile. 3.6 The complainant states that her family is a particular target of acts of violence and repression. Her sister, Juana Paillalef, is the head of the community; her nephews, Waikilaf Cadin Calfunao and Jorge Landero Calfunao, former law students, are also passionate defenders of the rights of their people; and all her family members are often detained and imprisoned. Her sister was subjected to sexual violence and had a miscarriage as a result of her ill-treatment. The Hôpitaux Universitaires de Genève noted that Juana Paillalef, who had been threatened with death, given electric shocks and slashed with a small knife, who 7 8 9 10 11 12 13 GE.20-00012 CAT/C/CHL/CO/6, paras. 20 and 22. See A/HRC/25/59/Add.2. Ibid. Office of the United Nations High Commissioner for Human Rights, “Statement by the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism”, press release, 30 July 2013. Office of the United Nations High Commissioner for Human Rights, “UN experts urge Chile not to use anti-terrorism law against Mapuche indigenous peoples”, press release, 6 October 2017. Inter-American Court of Human Rights, Norín Catrimán et al. (leaders, members and activist of the Mapuche indigenous people) v. Chile, Merits, Reparations and Costs, judgment of 29 May 2014, Series C, No. 279. CAT/C/CHL/CO/6, paras. 18 and 19. 5