Wallmapu, October 25, 2010
international observers Ref Request Trial for Oral next
(November 8) against Mapuche Political Prisoners Territorial Conflict in the area of \u200b\u200bLake Lleu-Lleu.
Brothers and sisters of Native Peoples.
Mr. Ms.
supportive social and popular organizations.
Non-Governmental Organizations (NGOs)
International Organizations advocacy of human rights.
Parliamentary and parliamentarians.
We are family of Mapuche political prisoners, imprisoned by the Chilean State prisons Lebu, Concepcion and Temuco.
Our family respond to different territorial recovery process of Mapuche communities in the conflict zone of Lake Lleu Lleu, by virtue of which have been involved in the struggle of our people.
In this context our homes and communities have been raided by the Chilean police on many occasions, abusing and causing terror in our families, taking detainees to our sons, husbands, fathers and brothers.
By the mere fact of being Mapuche, prosecutors have invoked the Terrorism Act in the Formal Hearing (first hearing), but has not been only the Public Ministry, through its prosecutors, who requested them, if not that it is the Chilean Government, in this case, through the Provincial Government of Arauco.
In relation to this, when it has killed a Mapuche Chilean government has never filed a complaint against those responsible.
In the month of January this year, the Assurance Court Cañete, prosecutors carry out the REFORMALIZACION of why a total of nine (9) terrorist crimes (threats, fire, ambush, association unlawful terrorist, etc..) involving more than 20 Mapuche.
denounce the application of the Terrorism Act in the prosecution of Mapuche political prisoners and Conflict Emergency Lleu Lleu, has led to arbitrariness, lack of guarantees and due process violations, such as:
· SECRET RESEARCH for almost the entire process, which prevented the right to defense.
· 1 year and 6 months of preventive detention, ie during the entire process for most of the defendants, not respecting the presumption of innocence, supposedly guaranteed by the current Chilean judiciary and violating straight the ILO Convention 169 (Art. 10).
· 36 WITNESSES "faceless" O SECRETS , ie, witnesses who do not know if they are real or invented, if you have any animosity against the accused
, many of which are exploited by the police and prosecutors
.
, many of which are exploited by the police and prosecutors
.
· SENTENCES OF MORE THAN 50 YEARS : The application of the Patriot Act meant, in short, a longer sentence than under the Criminal Law Annex listing of community common to risk the higher penalties.
| NAME MILITARY JUSTICE CIVIL JUSTICE JAIL |
| Héctor Llaitul Carrillanca Conception 103 25 |
| Marco Millanao Marinan Temuco , 77 ; --- |
| Ramón Llanquileo Pilquiman Conception 65 ; 11 |
| Jose Huenuche Reiman Concepción 52 11 |
| Luis Menares Chanilao Concepción 52 11 |
| Jonathan Huillical Mendez Concepción 52 11 |
| Huenuman Lebu Carlos Muñoz 50 --- |
| Juan Parra Leiva ; Lebu ; 50 --- |
· Human Rights violations: addition, the processing across Terrorism Act has brought a number of human rights violations such as torture, undue pressure, harassment of family, kidnapping, etc.
.
.
Poluco Pidenco Case is an example of this, where several villagers were sentenced to Mapuche
10 years for terrorist arson. In this case the Chilean government was reported to the Court Human Rights, by counsel Alberto Espinoza and Miriam Reyes, and is currently in progress.
MILITARY JUSTICE AND JUDGING DOUBLE
; is the case of several Mapuche political prisoners, although Chile has already been condemned for this reason American Court of Human Rights (Case of Palamara-2005). Even as in Chile, has continued judging civilians under the military justice system, which can only be revealed with the hunger strike of Mapuche political prisoners.
But more legal aberration the largest has been the double jeopardy that five political prisoners are subjected Process Mapuche Territorial Emergency Recovery (held in Prison Concepción) who, for the same act, are being prosecuted by civil courts and the military at the same time (see box).
Contrary to the previous murderers of Mapuche, are judged by their peers, always being released and / or complying with penalties that are a mockery of the families of the victims. Along with that the ill-treatment and torture to Mapuche charged or forced to be "secret witnesses" are also in absolute impunity because the public prosecutor always declared incompetent leaving such crimes in the hands of the still existing Chilean Military Justice.
Finally , we pointed out that Chile is the country with the
greater number of political prisoners, members of an aboriginal people, which
realize the level of discrimination and racism that still prevails in this country
, who has ignored the commitments and recommendations for all these years.
greater number of political prisoners, members of an aboriginal people, which
realize the level of discrimination and racism that still prevails in this country
, who has ignored the commitments and recommendations for all these years.
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