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After New Law Takes Effect, Land Seizures Drop 59% and Arrests Rise from 7 to 63

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According to figures from Carabineros in the southern macrozone, reports decreased from 103 in 2023 to 42 this year. Experts agree that the tools provided by Law 21,633 have helped further reduce these crimes. Regarding the increase in arrests, they explain that this is driven by large-scale land occupations.

In the first year of Law 21,633 (known as the Land Seizures Law), illegal property occupations in the southern macrozone fell by 59%, dropping from 103 cases between January 1 and November 30, 2023, to 42 in the same eleven-month period this year.

During the analyzed period, arrests for participating in land occupations surged by 900%, rising from 7 to 63. A breakdown of this figure shows that in La Araucanía, arrests increased from 4 to 35, while in Biobío, they rose from 3 to 28. This was revealed in a report by Carabineros, the police authority handling complaints, evictions, and arrests.

According to the report, the regions where the new law had the greatest impact were Los Lagos (dropping from 7 seizures to none) and La Araucanía (falling from 82 to 26). However, contrary to this trend, Biobío saw an increase from 10 to 14 cases in the compared period.

Francisco Ljubetic, former regional prosecutor of La Araucanía and vice dean of Law at Universidad Autónoma, stated that Carabineros' statistics confirm "that investigations were supported by the new legislation, achieving better investigative conditions for results."

Ljubetic noted that Law 21,633 "acknowledged a reality that was evident and had persisted for over 15 years, one that had not been decisively addressed." He emphasized that "mere recognition wasn’t enough—political support was needed, and fortunately, it was secured. Now the results are visible."

On why fewer seizures but more arrests were recorded, Ljubetic explained, "While crimes decreased, verified cases involved multiple arrests. Thus, a single investigation could lead to dozens of detainees."

Asked whether the law could further reduce these crimes, the academic said, "This legislation is on the right track because it incorporates real-world variables." He added, "It recognized a frequent crime with minimal penalties, which inadvertently encouraged rather than deterred offenses."

"Positive Impact"

Former southern macrozone security coordinator Pablo Urquizar stated, "The new Land Seizures Law has had a very positive impact," as "seizures have significantly decreased," "effective arrests have been made," and "three regions saw entirely positive results," except Biobío. There, he noted, "the paradox is that both arrests and seizures increased."

On whether seizures could keep declining, Urquizar said, "This should be a clear goal for authorities, as it’s long been known that these crimes harm not only property rights but also..."

He recalled, "Héctor Llaitul was convicted, among other charges, for violent land seizure. Thus, it’s key that prosecutions under the new law not only detain offenders but also secure rightful convictions."

Aedo: "There Was Long an Ideological View"

Eric Aedo (DC), Deputy Chamber vice president and Biobío lawmaker, stressed, "It’s worth remembering that land seizures were long viewed through an ideological lens."

He praised that "this law prevented attacks on private property from becoming normalized."

In his view, "Though diminished, this crime persists (...). Now it leads to more arrests, especially among those profiting from seizures."

He agreed seizures could keep declining "if justice acts, orders evictions, and issues arrest warrants for offenders."

On rural areas facing re-seizures after evictions, Aedo said, "Today, we have technology like drones for surveillance. But immediate eviction is crucial—no mega-occupations can be allowed."

"Strengthened State"

Lawyer and former La Araucanía presidential delegate José Montalva (ex-PPD) highlighted, "The key was strengthening the state to pursue these crimes, often tied to organized crime with high logistical capacity."

Montalva noted, "Alongside legislative measures, the Public Ministry gained resources for deeper investigations, and police were bolstered with proper equipment, armored vehicles, and—under the state of exception—military forward bases."

The former official stressed, "Prevention, enforcement, and ending impunity must go hand in hand."

Source:El Mercurio