Posted on December 27, 2012
The Chilean Judicial System is the Word of Death for the Mapuche
Sentence of the Chilean Supreme Court for Double Jeopardy of CAM Mapuche Political Prisoners Hector Llaitul and Ramon Llanquileo
This past Friday, December 21st, the Chilean Supreme Court ratified the verdict of the Court of Appeals of Concepcion, dismissing the arguments presented by the Defense as an injunction in favour of the CAM Mapuche Political Prisoners, Hector Llaitul and Ramon Llanquileo, regarding double jeopardy; where the Military Court of Valdivia acquitted and the Oral Criminal Court of Cañete convicted the brothers for the same crime, under the same charges and evidence for the false confrontation that was the set-up in the Prosecutor Elgueta Case. This is an unprecedented ruling in Chile, violating the constitutional right to only be tried once for the same crime.
Without more arguments to sustain the ruling, a scarce document expressed “the sentence appealed in December 2012 has been confirmed.” The ruling was carried out in the second room of the Supreme Court comprised of Justices Milton Juica, Hugo Dolmmestch, Carlos Künsemüller, Haroldo Brito and the Attorney Jorge Baraona.
The ratification of the sentence is nothing more than a clear example of the continued political persecution that the CAM Mapuche Political Prisoners, Hector Llaitul and Ramon Llanquileo, must confront; where the Chilean courts have been biased in their legal interpretation. The Chilean Supreme Court had the chance to correct this error, where in June 2011 the replacement sentence convicted Llaitul and Llanquileo to 15 and 8 years respectively for allegedly having robbed the torturer and snitch Santos Jorquera with a weapon (maintaining the conviction of 10 and 5 years respectively) and the Prosecutor Elgueta Case (where the Supreme Court adjusted the convictions by lowering them to an additional 4 and 3 years respectively). However it simply did not go the distance. It would be much more comfortable and “honorable” to ratify the sentence of the Concepcion Court of Appeals, than to admit the error and nullify the conviction for double jeopardy, which would have been the more just choice, since the convictions presented in the Criminal Court of Cañete had many irregularities including the use of double jeopardy, the application of the Antiterrorist Law, protected witnesses that played a fundamental role during the trial, statements made under torture etc.
The Chilean Justice System thereby is the word of death for the Mapuche Nation, which can be proven throughout history. Cases such as of the Peñi [Brothers] Lemun, Mendoza Collio and Matias Catrileo, where their murders live with impunity or with ridiculously reduced sentences indicate that in Chile there is no justice for the Mapuche, and that so-called institutionalism that should veil for the common good, is in fact more concerned with corporate sponsors and of private property than of fundamental rights.
However despite this criminalization of the Mapuche struggle, of so much injustice, persecution, political prison, repression and death, the struggle for dignity, freedom, autonomy and territory will continue from our territories and communities, supporting our political prisoners and following the example of our Pu Weichafe [Warriors], Longko [Chiefs], and Machi [Medicine Healers] that are on the path to our national liberation.
N.B:
FRIDAY, DECEMBER 28TH – Hearing in Cañete to Demand the Recognition of time served for Hector Llaitul. Four years in which he was held in pre-trial custody in cases for which he has been acquitted. We should note that this benefit has been granted to a number of non-political criminal cases and many Ex-Mapuche Political Prisoners in the past and present, therefore we expect that the members of the CAM will not be the exception.
THURSDAY, DECEMBER 27TH beginning 7:30PM –INTERNATIONAL DAY OF ACTION for the CAM Mapuche Political Prisoners Hector Llaitul and Ramon Llanquileo on hunger strike since November 14th. There will be mobilizations in Chiloe, Osorno, Temuco, Concepcion, Santiago and Mexico.
Translated from Wichan Info al Día
Source: The Women’s Coordinating Committee for a Free Wallmapu [Toronto]