"This place is found that police actions that violated rights, while any kind of registration and also lies to the jusitica courts do not recognize any input as to school, this is very serious considering that it is an institution in which trust should be in addition to committing crime to lie to the Court of Appeals, "the lawyer Karina Riquelme care pronouncement of the Court of Appeals.
According to information presented in October This year, the Appeal is based on a report submitted by the psychologist Claudia Molina, on September 26, delivered to Werken Ñiripil Mateo Community. Report gives an account of illegal and arbitrary acts committed by Carabineros, affecting the physical and psychological integrity of children aged 4 and 7 th grade, to attend white schools Lepin "Rewe Kimun" according to that published by the group Release.
The report describes incidents of police harassment in school hours, where they proceed to take pictures of children, conducted interrogations, frighten and threaten, with In order to gather information for criminal cases currently in court followed Lautaro Assurance, creating in children a sense of instability, inhibition and withdrawal, plus the emergence of feelings of distrust, development of impulsive behavior and increased irritability.
One of the cases described in the report is that of a 9 year old girl, who now has developed a major depressive episode "(...) it prevail in a depressed mood, uncontrollable episodes of crying everyday, decreased loss of motivation and energy, changes in food intake, feelings of hopelessness and anguish; low attention span and academic performance, even now requiring referral for pharmacological and psychotherapy. "
adds that "All other children assessed symptomatology associated with the development of PTSD."
Attorney Karina Riquelme - Free Band-expressed in the context of the filing of Appeal that "The situation is very serious, given that it violates the Convention on the Rights of the Child", unfortunately not an isolated event but is a constant that has affected under the area over the years, this causes a real terror in children and many parents who fear reprisals against their children. Situation that has already been known by this Court in Appeal of protection for children and VMC KJRC Ñ, both located in the Indian community Muko Bass and White School students Lepin, contrary to the Prefecture of Police and Cautin Investigative Police of Chile, who allowed the appeal, dated May 13, 2010. " On the occasion, ordered members of the PDI to "refrain in future from making requests or questions to the children for whom it relies, in any form, without respect the precepts for these guaranteed by the Convention on the Rights of the Child cited above. "
counsel in the Appeal asked the Court to order the police in Chile, to refrain from visiting the children in both school offices as anywhere in the community and to adjust their procedures to the standards that the Convention Rights of the Child enshrines. The Court of Appeal upheld the appeal and set only that "the police unit alluded to above, part of the appeal, to carry out acts affecting constitutional guarantees, must have legal authorization to practice."
See below Statement of the Court of Appeals of Temuco, second room.
Foja: 116
Sixteen hundred
AC Temuco Temuco, 12 November, two thousand ten.
Views:
FIRST: That, at page 86, dated 13 October this year, appears Colicheu Eric Miller, a student, a resident Indian Community Ñiripil Mateo, who brought the application for protection against police Chile, Cautín Prefecture, and against those responsible, rape of constitutional guarantees provided in Article 19 of the Constitution of the State, according to findings of fact and law that exposes. That the action is directed towards minors White School students Lepin, Rewe Kimun, all residing in the indigenous community Muko Low.
factual referred to as the September 26, psychologist Claudia Molina, delivered to the Community Werken Matthew Ñiripil under which it learned of arbitrary and illegal acts committed by Carabineros de Chile, acts conspicuously states affect physical and mental integrity of children in the community Matthew Ñiripil, Under Muko sector particularly those attending the White School Lepin "Rewe Kimun" children of courses ranging between 4 and 7 th grade. Indicates that the report describes episodes of police harassment of minors Mateo Community Ñiripil who attend school in White Lepin class schedule, where in some cases they are prohibited from entering by some school teachers . Among the actions taken by police of Chile referred to photograph the children inside the classroom, making questions to them, terrorizing and threatening place in effect a serious harassment as it relates in particular to obtaining information to criminal court actually followed in RIT Lautaro Guarantee 52-2009. Such events generate in children feelings of instability, inhibition and withdrawal, plus the emergence of feelings of distrust, development of impulsive behavior and increased irritability.
The appellant states that it is necessary to account for the case of a 9 year old girl who has developed a major depressive episode, she prevailed in a depressive mood, daily episodes of uncontrollable crying, decreased motivation and energy loss, alterations in food intake, feelings of hopelessness and anxiety, low capacity concentration and academic performance, even now requiring referral for pharmacological and psychotherapy. He added that all other children assessed school have symptoms associated with the development of PTSD.
relates to this situation, which he described as his most serious, is not an isolated event but is a constant that has affected less than the area over the years, causing real terror for children and many Parents who fear reprisals against their children. Notes that this situation has already been known by this Honorable Court in Appeal for Protection VMCÑ KJRC and children, both located in the Indian community Muko Bass and White School students Lepin, contrary to the Prefecture of Police and Police Cautín Research Chile, invoking the application dated May 13, 2010 paragraphs 6 and 7 which reproduces: "6 .- That, in fact in any investigation the police should act in strict compliance with due respect and guarantee the person, both those who are subject to the same as an accused or charged , as-and more so-for third parties to the matter under investigation; obligation is all the more urgent in the case of children, as occurs in the species, since even in the case of questions or requests for background information on people or places, they are likely to cause disruption and affect the mental integrity of the children questioned, considering the quality of police of the requesting and acting in his capacity as such in the context of a criminal investigation; 7 .- That the foregoing obligations of officials of the Police Department become more strength since, being a state agency, must respect and promote fundamental rights emanating from human nature, as guaranteed by the Constitution of the Republic and by international treaties Chile has ratified and in force (Inc.2 º of Article 5 of the Constitution). They must therefore provide protection to all children without discrimination (Art. 24 of the Covenant on Civil and Political Rights and 10 of the Covenant on Civil, Social and Cultural Rights). Similarly, to proceed as they did, the respondents did not mind the provisions of Article 3 of the Convention on the Rights of the Child, which requires the public and private institutions have primary consideration to serve the interests of the child, ensuring protection and care as is necessary for their wellbeing, and the Article 19 of that instrument, which imposes a duty to protect children against all forms of physical abuse or mental abuse or neglect or mistreatment "
The appellant further notes that Carabineros de Chile as an institution must safeguard their actions and respect the current regulations that in this singular case does not relate to the protection of any citizen of this country, but children must be sheltered more so and zeal, because they are in development and training, and any act lived at a young age can have painful consequences for the future . Thus at this stage, states that it is clear that acts of police are set to disrupt and threaten the constitutional guarantees of minors. Indicates that this Court has already ruled properly when dealing with questions by members of the PDI, where they were ordered to "refrain in future from making requests or questions to the children for whom it relies, in any form, without respecting the precepts for those guaranteed by the Convention on the Rights of the Child cited ".- (Judgement of May 13, 2010 ROLE CUT N ° 545-2010)
the appellant argues that it is the duty of everyone to protect children, it is the duty Carabineros de Chile act of actively safeguarding the integrity and development of children, and not continue thus affecting the physical and psychic who claims to be a reliable way to check the psychological report attached to its presentation.
Moreover, to establish the resource exposed as a history of law that our Constitution enshrined in Article 19 No. 1 the right to life and physical and mental integrity of the person and his No. 3 the equal protection of the law in the exercise of their rights. Indicates that our children are entitled to their mental integrity and the law must protect not distinguish the effect of the fact that it comes and live in an indigenous community and are members of the Mapuche people. For the sake of adding that the police actions violated the Convention on Rights of the Child, adopted by the General Assembly in its resolution 44/25 of 20 November 1989, which states in its preamble that "the child, for the full and harmonious development of his personality, should grow up in family in an atmosphere of happiness, love and understanding ", referring to the need to provide special protection for children has been stated in the Geneva Declaration of 1924 on the Rights of the Child and the Declaration on the Rights of Child adopted by the General Assembly on 20 November 1959 and recognized in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (In particular, Articles 23 and 24), the International Covenant on Economic, Social and Cultural Rights (in particular, Article 10). At its regulations states, Article 2.1. "States Parties shall respect the rights set forth in this Convention and ensure its implementation to each child within their jurisdiction without discrimination of any kind, irrespective of race, color, sex, language, religion, political opinion or other opinion, national origin, ethnic or social origin, economic status, disability, birth or other status of their parents or their legal representatives. In 2.2. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the status, activities, expressed opinions or beliefs of their parents or their guardians or their relatives. Finally argues that the very serious allegations that law is violated, since the pressures, the taking of photographs made to minors, are related to the nature of Mapuche children and activities that might make their parents and / or family .
In response to the above, according to the constitution and laws cited and the Honorable banc Supreme Court June 24, 1992, asks the Court to have been filed application for protection against the Carabineros de Chile, Cautín Prefecture, welcome to prosecute, enact the measures it deems necessary and ultimately lead to action, finding that the respondents have acted, or omissions committed in his case, illegal and arbitrary, in violation of psychological integrity of children referred and ordering accordingly Carabineros de Chile, refrain from visiting children agencies both in school and elsewhere in the community and thus not intimidate, harass and photograph, on the conditions and contexts reported in the core of this writing, adapting all of its procedures to the standards that the Convention on the Rights of the Child enshrines, and any other steps are ordered in order to restore the rule of law to immediately suspend any act or omission that may disturb or threaten the assurances provided.
SECOND : That, at page 97, the Respondent prepared a report Hernando Igor Hevia Hinojosa, Colonel of police of the Prefecture of Police Cautín No. 22, which indicates that analyzed the protective action entreated by the appellant narrating the alleged acts of harassment by police personnel Chile, against children in the community Mateo Ñirripil concerning photographs inside the room of sorts, questioning that would cause fear and threat in children, all because of finding information related to the cause Rit N º 52 -2009, followed before the Court Lautaro Assurance, states that conducted the inquiry, not recorded proceedings or police procedures in the Low Muko sector, alluding to the investigation of the cause Rit No. 52-2010, nor are there other orders assigned to investigate the police in Chile in the sector, related to children in whom it relies. Is it necessary to indicate that White referred Lepin school is within the territorial jurisdiction of the retainer Pillanlelbún police, under the First Police Station of Lautaro, detachment once informed his command that there are no investigative procedures mandated by courts or by the prosecution in Under Muko sector, categorically ruling out the existence of the harassment and interrogation and shooting by police personnel of the unit, involving infringement of rights in the persons of the appellants.
added that furthermore, it should express that there are no records in the books of the Guard and Population of the First Commissioner Carabineros de Lautaro, or the seal Pillanlelbún, alluding to police procedures relating to child protection recurrent or school Kimun White Lepin Rewe, Muko Sector Under the commune of Lautaro.
THIRD: That in support of the appellant accompanied his statements: 1) psychological report School students Lepin Blanco signed by the psychologist Claudia Molina González, alongside the professional curriculum, 2) report on situations of violence by the State of Chile against Mapuche children, presented to the Committee on the Rights of the Child, 53rd Session, Geneva, 11 to 29 January 2010; 3) Psychological Report No. 23 of the Clinical Psychology of the Universidad de la Frontera, dated October 1, 2010, and 4) Document dated October 27, 2010 that individually as a statement of Professor, School White Lepin Rewe Kimun, Miguel Angel Jiménez Sánchez.
Later, by decision of 29 October two thousand and ten, were available to officiate at the White School Address Lepin Kimun Rewe, Muko Sector Under the commune of Lautaro, in order to report the names of minors for which this action is attempted constitutional protection, which were implemented as stated in the document fs. 111.
FOURTH: That the acts which the appellant considers merely arbitrary or illegal and which consist of officials acting Pillanlelbún Retainer, specifically in visits to the White School Lepin in class time to request information on certain students, was corroborated with the report by Professor Miguel Angel Jimenez Sanchez in a statement on pages 106, which is otherwise reinforced the conclusion in the psychological report on pages 1 to 17 issued by the psychologist Claudia Molina, where discharges from transcribed reports students to this professional.
FIFTH: That such actions constitute conduct that infringe the rights protected by Article 19 No. 1 of the Constitution of the Republic, as disturbs the psychic activity of students as is without adopting measures to safeguard the Criminal Procedure Code provides for people and which aims to guarantee their procedural rights.
For these reasons and the provisions of Article 20 of the Constitution of the Republic and Supreme Court Decision of the Hon. Supreme Court on the matter, declares that it accepts the appeal at page 86 by Eric Miller Colicheu for school students Blanco Lepin, Rewe Kimun, indigenous community Muko Bass, just as, hereinafter, the police unit previously alluded to, under the appeal, to carry out acts affecting constitutional guarantees, must have legal authorization to practice them.
recorded, communicated and filed in due course. Civil No.
-1541-2010.
Delivered by the Second Chamber.
President Minister Fernando Ortega Carreño, Prosecutor Mr. Luis Troncoso Lagos Judicial and Bar Mr. Eduardo Alamos Integrative Vera.
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