The protection of the political rights of minorities in the ACHR. An analysis of the Norin Catrimán case and the right to political participation in the State of Chile

The case Norín Catrimán et al. (leaders, members and activist of the Mapuche indigenous people) v. Chile, judgment of 29 May 2014, concerns criminal proceedings involving traditional authorities or members of the Mapuche indigenous people, and activists working to defend the rights of this people. Criminal proceedings were brought against them for events that occurred in 2001 and 2002 as a result of which they were convicted as perpetrators of offenses that were categorized as terrorism. In Norín Catrimán, the IACtHR holds Chile internationally responsible for several violations of the ACHR, as the violation of political rights as enshrined in Art. 23. The IACtHR considered that, in the given circumstances, the imposition of ancillary penalties, which affected the right to vote, direct participation in public affairs, and access to public office, of an absolute and perpetual nature or for a fixed but prolonged term (15 years), was contrary to the principle of proportionality of the punishment and amounted to a serious impairment of political rights. In the remedial measures, a crucial role is played by the adoption of all the administrative, judicial, or any other type of measures required to overturn all aspects of the criminal judgments. These measures were recently adopted by the Chilean judicial authorities.