Wednesday, August 29, 2012

The Mapuche Criminal Defense requested disqualification of the prosecutor of Collipulli in case against community members June 19, 2012

Source: http://www.soychile.cl/Temuco/Policial/2012/06/19/99350/La-Defensoria-Penal-Mapuche-pidio-inhabilitar-al-fiscal-de-Collipulli-en-causa-contra-comuneros.aspx


The Mapuche Criminal Defense requested disqualification of the prosecutor of Collipulli in case against community members
June 19, 2012

Luis Chamorro took part in the raid on April 2nd on the community Wente Winkul Mapu in Ercilla, where the policeman, Hugo Albornoz
, was shot and later died. According to lawyer Ricardo Caceres, Chamorro is a victim and investigator of the case, which would disqualify him to follow in the case against Hector Nahuelqueo and Rodrigo Montoya.

The lawyer Ricardo Cáceres Setien, of the Mapuche Criminal Defense-dependent upon the Araucanía Regional Defense, presented a request before the Public Ministry, to disqualify the prosecutor of Collipulli, Luis Díaz Chamorro.

Chamorro is the same prosecutor who, the week before last, 
led a raid on the Mapuche community Wente Winkul Mapu in Ercilla, where four policemen and seven community members were injured in varying degrees.

For the lawyer Caceres, who represents the accused Héctor Nahuelqueo Nahuelqueo and Rodrigo Montoya Melinao, "the prosecutor Chamorro sustains the quality of victim, which would place him as the intervener in an investigation," reason why he should be disqualified.


Cáceres explained that the facts in which Chamorro took part in that condition occurred on 2 April, when in compliance with a search warrant and seizure authorized by the judge of Collipulli, the prosecutor entered into an indigenous community and shortly thereafter , as he left the place with the police forces, the shooting began that killed a police sergeant Hugo Albornoz.

"The prosecutor Chamorro has the quality of victim of the above facts, which added to the quality of sole investigator, allowes to maintain that he has part or interest in the case," said the public defender.

He added that under Article 55 N ° 1 of the Basic Constitutional Act of the Public Ministry, this is a ground for disqualification "have the prosecutor part or interest in the case of research in which he is involved", so in this case, the application for disability is fully justified.

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