Sympathy for and solidarity with Mapuche political prisoners convicted in Cañete

butcher · Apr 11, 2011

Shitty translation of a document I put up in Spanish already:
viewtopic.php?f=16&t=6664

Nobody ↑ :

International Campaign for the freedom of the Mapuche Political Prisoners, a fair trial without the use of the Antiterrorism act and the revocation of the Cañete Judgement.

The undersigned wish to accompany the letter of the relatives of Mapuche political prisoners convicted in the trial in the city of Cañete, we adhere and are in solidarity with the legitimate call for cancellation [of the verdict], and the implementation of a new and fair trial with an independent, competent and impartial tribunal and without the application of Law 18,314 (or anti-terrorism law).

Mr. Milton Juica
President of the Supreme Court of Chile

The families of Mapuche political prisoners recently prosecuted and convicted in the city of Cañete, Bío Bío region, want to convey to you our deep concern over the situation of violation occurring throughout the judicial process, which is why our family have maintained a liquid hunger strike since 15th March.

As you know, they form part of the group of 34 comuneros Mapuche who were held for more than 80 days on hunger strike for asking, among other things, that the anti-terror law (18,314 ) not be applied to their cases, that is, to have the possibility of a fair trial. However, despite the agreement with the government [the last hunger strike was stopped due to an agreement stipulating that the anti-terrorism laws would not be used], between the months of November and February an oral trial against 17 Mapuche leaders occurred, to whom this law was fully applied by the Public Affairs Ministry and private plaintiffs: forestry companies and representatives of the government, the latter through its adherence to all the evidence submitted by the Public Ministry, including the use of secret witnesses (the covering of faces) that the anti-terrorism law empowers.

In the judgment of conviction given on March 22, members of the Oral Criminal Court, Carlos Muñoz and Jorge Diaz, expressed they had formed their conviction of the alleged participation in the events investigated and prosecuted primarily through the testimony of a secret witness (called “witness Nº 26 ” ). However, the ruling rejected the ‘terrorism’ classification, an obvious contradiction.

An alarming situation is that the Judges considered in their ruling the “hearsay” of a Police Department who allegedly heard the statement “voluntarily ” from one of our family (also charged and convicted), whom has allegedly incriminated themselves and other members of the Mapuche community. In this regard, we stress that this incident was reported to the justice department and general public, because such a declaration was obtained under torture with medical certification to prove injuries caused. However, in an unprecedented move, the Public Prosecutor of Temuco decided not to look into the grievance, instead archiving the case, and not investigating these serious acts of torture reported by the Mapuche.

Moreover, the largest legal aberration was the fact that our family are subjected to double jeopardy, who for the same offense were prosecuted by the civilian and military justice at the same time. Although the Military Court of Valdivia, 16 December 2010, decided to acquit our family for not finding evidence of the facts investigated. Currently the case is filed in the Court of Appeals of Concepción, without any indication of what the next stage of proceedings are. We are dismayed by the possibility that if the acquittal is not ratified and has a setback, i.e. re-processing each of our relatives, we would again see the situation of double jeopardy. A double jeopardy that has already shown us a trial and acquittal by the Military Courts, yet now a trial and conviction by the Court of Cañete.

You will be aware that the Chilean State has received a report by the Human Rights Commission in November 2010, which established the violation of human rights inherent in the trials and convictions of leaders and members of the Mapuche people under Law 18,314, particularly through the use of “faceless” witnesses (IACHR Report 176/10). Today the State risks international condemnation by an international tribunal such as the Inter-American Court of Human Rights, which can only be of concern to this Honorable Court.

Our family, all of our people social activists, Pilquiman Llanquileo Ramón, José Huenuche Reiman, Jonathan Mendez Huillical were sentenced to 20 years in prison and Hector Llaitul Carrillanca to 25 years. We are convinced a violated of rights guaranteed by the constitution has occurred, namely: due process and fair trial.

Therefore, we demand a mistrial and for a new trial by an independent, competent and impartial court, and without the application of Law 18,314 and Terrorism Act. Furthermore, we demand the immediate ratification of the acquittal issued by the Military Court of Valdivia.

We also present you some of the people and organizations who have joined us in this call for justice and solidarity with our just demand.

Sincerely,
Relatives of the Mapuche Political Prisoners sentenced in Cañete

Sign on to this letter via this link:

https://spreadsheets.google.com/viewfor ... SHIwQkE6MQ

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