World Organization Against Torture Denounce Conviction of Mapuche of Cañete Four

Mapuexpress - March 23, 2011

The World Organisation Against Torture (OMCT) expresses its concern about the safety, personal integrity and the legal status of convicted Mapuche community members Héctor Javier Llaitul Carrillanca, Ramon Esteban Llanquileo Pilquiman, Jonathan Sady Huillical Mendez and Jose Santiago Huenuche Reiman, Mapuche community members in detention and awaiting a sentence that could mean nearly 30 years in prison in Cañete.

The judges of the first Trial at the Court of Cañete issued their sentence against Mr. Héctor Llaitul, Ramón Llanquileo, Jonathan and Joseph Huillical Huenuche for the crime of "attempted murder" against the Deputy Prosecutor of the Public Ministry, for an alledged attack on the police motorcade of the prosecutor Mario Elgueta, which occurred in October 2008. The same same hearing also found the members guilty of armed robbery in the area of ​​Arauco, using information from the protected secret witness for the prosecution (a former collaborator of the military dictatorship). The ultimate trial of the four Mapuche community members took place on March 22, 2011, at the final hearing by the same court.

In their earlier trial, February 22, 2011, a number of Mapuche political prisoners who were detained along with the four above-mentioned prisoners accused of crimes classified as terrorism-based violence under the Anti Terrorist Act committed in the Arauco region, were acquitted without charge by the Court of Cañete, Mr. Victor Adelino Llanquileo Pilquiman, Luis Guillermo Menares Chanilao, Cesar Eduardo Parra Leiva, Nolberto Fidel Parra Leiva, Juan Carlos Parra Leiva, Leonel Alejandrol Carilao Liencura, Juan Manuel Muñoz Huenuman, Carlos Andres Muñoz Huenuman, Segundo Ambrosio Ñeguey Ñeguey, Marco Mauricio Millanao Mariñan, Eduardo Cesar Painemal Peña, Jorge Andrés Santi Leal and Simon Eras Millas Paillan, a ruling which had at the time provided some assurance to the remaining four Mapuche political prisoners.

The conviction today of Héctor Llaitul, Ramón Llanquileo, Jonathan Huillical and Jose Huenuche who are accused of being leaders of the Coordinadora Arauco Malleco (CAM) and therefore OMCT believes that their conviction was one of political persecution. It should also be emphasized that the trial was marked by a series of irregularities during it’s process, the Attorney General's Office used a lot of telephone evidence and the statements of some 30 paid faceless witnesses in order to prove the guilt of the Mapuche. In addition, Mr. Jonathan Huillical said that his statements in which he accused his codefendants, were obtained under torture.

Héctor Llaitul, Ramón Llanquileo, Jonathan Huillical y José Huenuche, son sindicados como líderes de la Coordinadora Arauco Malleco (CAM) y por ello la OMCT teme que su condena pueda enmarcarse dentro de una persecución política

OMCT also notes that although the Government originally agreed to withdraw the charges under the Terrorism Act,  as their commitment last year to meet the original demands of the Mapuche hunger strikers and mediators and to end the hunger strike launched in 2010, however such measures were strategically delayed. However, the measure was described as "insufficient" because the Anti Terrorist Act was in fact applied to Mapuche detainees, throughout the process.

OMCT recalls that many Mapuche political prisoners had held a hunger strike in July 2010making a number of demands of government, including: An end to the application of Anti Terrorist Law, that the trials to which they are subjected are fair , that are not tried by military courts since this does not allow for the necessary impartiality, to process civil crimes in civil courts, An end to police violence enacted against Mapuche communities and the demilitarization of Mapuche areas where communities claim their human, political and territorial rights, and an end to the criminalization of Mapuche social protest.

OMCT again stated that the application of anti terrorism legislation to participants of Mapuche social protest events has been broadly questioned by both national and international organisations, since this law does not provide adequate due process because, among other things it allows the legal process to maintain a covert investigation process for extended periods, it supports the protection of faceless witnesses thereby encouraging the production of unsubstantiated evidence; it allows the interception of communications of the accused, and it applies indefinite preventive detention as opposed to the application of alternative measures such as probation, it sanctions exceptionally high penalties in comparison to standard criminal proceedings, which in some cases double the normal penalties expected.

OMCT recalls that several bodies and human rights mechanisms such as the United Nations Human Rights Committee, the Committee against Torture, the Committee on the Elimination of Racial Discrimination and the Special Rapporteur for Indigenous Peoples, have urged the State of Chile to review the implementation of this legislation, especially in the cases of Mapuche tried for acts of social protest, and that aforementioned legislation be amended to prevent its arbitrary implementation.

Given the above, OMCT urges the Chilean authorities to urgently take all necessary measures to ensure the safety and humane treatment of all Mapuche political prisoners detained in various jails of Chile, including Messrs. Hector Llaitul, Ramon Llanquileo, Jonathan and Joseph Huenuche Huillical detained as a result of the legitimate exercise of freedom of expression, opinion and / or demonstration, prisoners in the absence of valid legal charges, and, if such charges exist, bring them to competent, fair and impartial independent tribunal, and guarantee their procedural rights at all times.

Finally, OMCT calls upon the government of Chile to cease all forms of repression and violations of human rights and fundamental freedoms against members of the Mapuche community and against those who support the Mapuche cause in defending the land.

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2) The observation on the need for the Chilean government to reform the Code of Military Justice, limiting the jurisdiction of military courts to prosecute military personnel charged with military offenses, has been submitted to the Chilean government not only by UN agencies, but also by the Interamerican Human Rights Court in its ruling in the case Palamara v. Ibarne Chile (2005). View Court IACHR, Case of Palamara, para. 156 in: http://www.corteidh.or.cr/docs/casos/articulos/seriec_135_esp.pdf

3) See for example OMCT Urgent Appeal to the CHL 180809, issued on August 18, 2009 and other urgent action on the Mapuche communities and their members of the OMCT's website: www.omct.org

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Translated by Nina Dean
Mapuche International Link

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