Elias Paillan / Mariátegui
03/24/1911
number of indigenous organizations, human rights lawyers and relatives of the convicted Mapuche expressed their disappointment at failure to qualify as an excessive sentence, even though none of the offenses resulting in the loss of human lives. Failure contrasts with the impunity that they have been serious crimes, including police youth crime Mapuche. Various
rejection reactions, both families, lawyers and human rights organizations and indigenous occurred in Chile and abroad to the harsh penalties on 25 and 20 years of imprisonment by the Court ruled yesterday Oral Cañete Mapuche for four members of the Coordinadora Arauco-Malleco.
This product of the implementation of the antiterrorism law, which allows a number of irregularities to due process and the use of secret witnesses, wiretaps, confinement of defendants, most frequently attributed to prosecutors and the police, including allegations exist application of torture to obtain incriminating evidence, as realized by the prosecution undercover witness in the context of this trial. That is why defense lawyers have announced that they would ask the Supreme Court a mistrial.
Family: "They are strong"
Llanquileo Natividad, a spokeswoman for the villagers, after meeting with his brother convicted Llanquileo Ramon said that "they are quiet, with great strength and will to keep fighting. They are on their knees and want them and wherever they are, they'll keep fighting. " He also called on the church to decide, because of their knowledge regarding irregularities that were made throughout this trial, which finally triggered the high sentences.
As the convicted José Huenuche, a father of two daughters, ages 2 and 5 years, was present at the hearing his mother, Jane Reiman Reuca Lumaco the commune, who criticized the decision saying "it is so bad , that even the judges read the reasons why they accuse. If he has killed, has not done anything and accuse him unfairly, is a clear signal that we are facing a bad decision, "he said, his voice firm and calm attitude. Meanwhile
Pezoa Pamela, wife of Hector Llaitul, added that events like these only happen in Chile, where no state right for those without resources. "For the poor and oppressed, there is no rule of law, and therefore abused here and will continue abusing people, until there is more reporting and control." He called in turn to civil society and human rights organizations to continue to support, especially now that the convicts are on hunger strike and have decided to continue it until they change.
Pezoa, after the conclusion of the hearing could come and speak briefly with her husband, and although he confesses that "I came with great sadness (tears), they were with courage, with attitude, the same who have had all this time and Actually we appeased all to see them. " When asked about their children and how to receive this sad news, said that "they are also part of this process of Mapuche struggle, they were born and raised in the community and have been with Hector in the meetings, ceremonies and will continue Mapuche also growing as fighters. "
Also present at the hearing was Eduardo Painemil, community Pascual Cona and charged by fire near Lake Lleulleu cabins, but acquitted in this case and released after 18 months in prison inmate Lebu. Reported Painemil now being pursued in the field, "we are the police and are being investigated, it seems we have left prison, "accusing. He further claimed that constantly being chased through the streets, as he traveled to Temuco, where all the time I was taking care of civilian police. Therefore, said to be intimidated, with his wife and child of only 6 years.
The Supreme Court
defense attorney Llaitul Hector, Pablo Ortega, lamented that the judges have not disclosed the reasons why they were sentenced to community members. Similarly, stressed the continued denial to the defense motions by the court. Now they must wait for notification by email, without knowing whether they will indeed, "what comes through in a further limitation of the right to defense." Ortega called this scenario of limited due process "very serious", so try to challenge before the Supreme Court decision. Stressing that in legal terms, the law must prevail and not prejudice. Meanwhile
defense lawyer Adolfo Montiel said he was hopeful that the penalty was not so high, and now expects the Supreme Court reversed this situation. Especially for the offense against the prosecutor, which, according to the professionally managed not prove who participated in these events and all the allegations were based on witnesses protected. In case of canceling the trial, says the professional, to be known only two crimes for which they were convicted: armed robbery and attempted murder against Mr. Elgueta. Occupation
church
Until the end of this year and although Monsignor Pedro Ossandón called commoners to lay down the shot, the families of political prisoners remained occupied the church of Our Lady of Carmen de Cañete. Llanquileo Natividad said that the Church has been in place for them. "The church has always said that we must take the place of others and apparently, for him (Bishop Ossandón) in particular, I do not think he is doing should be put in our place, we have been respectful and went peacefully to the Church, we have not made any mess ", said the spokesman.
regard to the penalties that were sentenced to community members and open door policy has had the Catholic Church, the apostolic administrator of the Holy Conception said "understand the pain of the families and community members." Address this issue, Bishop said Ossandón "us since we learned of this unfortunate action, relatives and friends of the Mapuche convicted yesterday, in relation to making our parish church of Our Lady of Carmen de Cañete we have received with great respect because they are people who are suffering. "
regard to this invitation from Ossandón, Llanquileo noted that no waiting will be reassured that your family or people she is staying 20 years in jail doing nothing. According Llanquileo, peaceful takeover of the Catholic Church of Cañete is ongoing indefinitely. Regarding the relocation of villagers to the Angol prison, the lawyer for Hector Llaitul, Pablo Ortega said he was informed unofficially that the villagers were already at that trial detention criminal grounds. Organizations
manifest
The Citizens' Watch, he also expressed concern about the penalties on the villagers who were convicted, which qualifies as "disproportionate and excessive" considering that no offenses meant the loss of life, calling the court decision as "a lack of impartiality." Added in its public statement released yesterday, that the above "contrasts with the impunity that have been similar and more serious crimes such as homicide committed against the Mapuche people of the state police, as verified under of conflicts land in the south. "
also criticizes the Court of Cañete, who did not take into account Article 10 of Convention 169 of the OOT whose number 1 states that: "In imposing penalties laid down by general law on members of these peoples should be taken into account the economic, social and cultural rights and the 2 states: "Preference shall be given to methods of punishment other than imprisonment." As expected a competent court "to restore the Rule of Law, acquitting the accused or by decreeing the construction of a new process that actually respect the rules of due process."
Meanwhile, 20 organizations from Colombia, France, Switzerland and the United States rejected the Chilean policy of criminalizing the claims of native peoples, and three points express their concern at the manner in which this process was taken to " anti-terrorism law, "and that only two days of closure of the trial have asked the government to reclassify without this law, which had no effect, international experts will not fail to emphasize, manifest.
criticize the attitude of the Chilean state that despite many criticisms and recommendations of the international community, including agencies and commissions of the United Nations and the ILO, the Chilean government continues to bring an aggressive policy. Similarly solidarity with the indigenous peoples of Chile, particularly the Mapuche whose claims are articulated to a sustainable and equitable development in respect of ecological criteria, respect for the particularities of minorities within a multicultural society and a political and administrative system truly decentralized. End requesting the release of Mapuche prisoners. Finally
the World Organisation Against Torture (OMCT) expresses its concern about the safety, personal integrity and the legal situation of Mapuche prisoners sentenced yesterday, members who were leaders of the CAM OMCT fears that his conviction can be bracketed within a political persecution. It should also emphasize the fact that the trial was marked by a series of irregularities during the process and that although the Government agreed to withdraw the charges under the Terrorism Act, he did late.
OMCT again stated that the application of terrorism legislation judged by the Mapuche social protest events has been questioned, since this law does not provide adequate due process because, inter alia, establishing a high penalty, which in several cases doubles the penalty established by ordinary legislation. Just the OMCT calls upon the government of Chile to cease all forms of repression and human rights violations and fundamental freedoms against members of the Mapuche community and against those who support the Mapuche cause in defending the land, end.
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