Chile
Chile has dedicated legislation on terrorism, first adopted in 1984. The Constitution declares that terrorism is contrary to human rights. In the past, however, the law is said to have been misused to target ethnic minority groups.
The Definition of Terrorism in National Law
Chile defines terrorism as predicate offences that are committed
with the purpose of producing in the population or a part of it a justified fear of being a victim of such crimes, whether by the nature and effects of the means employed, either from evidence it was a premeditated plan to attack a certain category or group of people, or to compel conduct on the part of the authorities.Art. 1, 1984 Law on Terrorist Acts.
Although certain modifications have since been made, the fundamentals of the law, which was adopted during the military regime remain.
Adherence to Global and Regional Terrorism Treaties
Chile has adhered to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
Chile has also adhered to the Inter-American treaty on terrorism.
| Treaty | Adherence |
|---|---|
| 2002 Inter-American Convention against Terrorism | State Party |
Laws and Penalties for Terrorist Offences
The 1984 Law (as amended) provides for terrorist offences to be addressed in accordance with the Criminal Code.
Predicate offences for terrorism include murder, wounding, kidnapping, hostage-taking, and arson, as well as attacks on ships, planes, and other vehicles; assassination of the head of State and/or leading political, judicial, and religious figures, or of internationally protected persons; and the detonation of explosive or incendiary substances that endanger life.
In 2014, the UN Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism observed that:
The 2010 revision of the law was the result of a hunger strike undertaken in July of that year by 34 Mapuche detainees being prosecuted for offences related to social protests under the Counter-Terrorism Act in order to draw public attention to the lack of guarantees of due process in their trials. Finally, a criminal court condemned four of the Mapuche accused in that case. Although the Counter-Terrorism Act was not invoked in their sentences, the trial included components of the aforementioned law, such as the use of anonymous witnesses’ testimonies.
Counterterrorism Capacities and Policies at Domestic Level
Chile has counterterrorism units in its federal police force. These include the GOPE (the Carabinero's Special Operations Group).
Glossary
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