Leonardo Quijón PereiraSource: http://maricheweu-kulturverein.blogspot.nl/2012/12/carta-publica-libertad-y-atenciones.html?spref=fb
Monday December 3, 2012
Distinguished Representatives of:
Government of Chile
Ministry of Justice of Chile
Ministry of Health of Chile
National Director of Gendarmes Chile
Public Defense Mapuche
Human Rights Commission of the Senate
Human Rights Commission of the Chamber of Deputies
Parliamentary Human Rights Commission EU-Chile
Human Rights Committee of the United Nations
International Red Cross
Red Cross Chile
Human Rights Centre of the University of Chile
Human Rights Centre of the University "Diego Portales"
Faculty of Social Science and History at the University "Diego Portales"
National Human Rights Institute
Human Rights Observatory
Human Rights Watch
Monday December 3, 2012
Dear Ladies and Gentlemen,
We address you again to explain the situation of Leonardo Eusebio Quijón Pereira, 20, of Mapuche Community Chequenco in Chile, who is currently being held in prison in Angol, on hunger strike and seriously ill.
His situation is emblematic of the violation of human rights and extreme and intensive institutional violence against the Mapuche people systematically channeled to the youngest. Sophisticated methods of repression, harassment, political persecution carried out by the police Special Task Force (GOPE), by the Investigations Police (PDI) and prosecutors - that is the policy of the Chilean government to extinguish all struggle for rights as a First Nation, for land reclamation, and to develop a better quality of life.
On October 20, 2009, Leonardo Quijón Pereira, a minor at the time of the facts, was hunting rabbits when he was surprised by a police vehicle: he ran and police fired, wounding him severely in the left calf. Leonardo hid some days within his community, then, with his mother, he went to Santiago for help and medical care. At that time Leonardo lost part of his muscle tissues and he carries about 180 buckshot in his calf.
The community member was arrested without having recovered and held in the prison for minors in Chol-Chol, accused by the chief prosecutor of the Public Ministry of Angol, Luis Chamorro, for four crimes: armed robbery, repeated arson, illegal possession of firearms and attempted murder.
The young man was tried twice for the same case under the Anti-Terrorism Act:
- On June 24, 2010 he was acquitted by the Oral Criminal Court of Angol of all crimes against him;
- Military justice made him stand trial again 10 days after turning 18 and, despite this, on September 21, 2010 the Oral Court of Angol acquitted him for the second time on all charges.
After his release continues to be persecuted by the Chilean police.
On December 27, 2011, according to his account to Maricheweu Kulturverein, German society for human rights of the Mapuche people, Leonardo suffers another violent police assault at approximately 12:30 hrs. As he walked to a store, was arrested by three policemen and verbally insulted for being Mapuche: two of them pushed him and a third threatened with a gun pointed at him. Moreover, threatened with arrest for nonexistent causes if he ever came back there.
On September 1, 2012 the parcel holder Hector Gallardo of the sector of Chequenco died in incidents occurring in an attempted assault made by "hooded men". Media reports of statements by the victim's brother says that despite the hoods he had recognized the three young community members Luis Marileo, Leonardo Quijón, and the minor Gabriel Valenzuela.
The young people present themselves voluntarily to the Police Department, claiming to be innocent and making themselves available to justice. Nevertheless Warranty Judge Javier Bascur leaves them in preventive detention giving a deadline of four months for the investigation of the cases.
Leonardo being acquitted twice, today continues to suffer disproportionate precautionary measures that do not respect the legal principle of the presumption of innocence. Despite the serious deterioration of health caused by the aggression of police impunity that has persisted since 2009 and without being compensated for such damage, the young man decides to join a hunger strike on October 2012 which lasted until October 23, which, after having ended with 4 days of dry strike, left him losing 10 kilos and a further worsening of his health: for heart problems he was rushed to the hospital in Angol.
The Chilean state continues to endanger his life, depriving him of his liberty without due trial. The jail does not have the necessary conditions or specialized medical care to ensure the health of this young man which at this point is complex. Leonardo, besides having presented heart problems, suffers from an allergic reaction to a bite of parasites without showing improvement until November 23, 2012 despite the antibiotic provided in the prison infirmary.
On November 21, 2012, he is accompanied by frequent dizziness and headaches, extreme pain in his leg and the buckshot can be seen through the skin due to his state of malnutrition, also as they are foreign objects to his body they slide through the tissues.
Today, Leonardo, is part of the group of Mapuche political prisoners to whom is applied the Anti-Terrorism Law No. 18,314, promulgated during the Pinochet dictatorship, legal body that never has been repealed by any of the democratic governments that have preceded it.
On November 27, 2012 he starts a liquid hunger strike demanding his release on precautionary measures and that those who accuse him of being responsible for the death of Hector Gallardo rectify their statements because he is innocent.
For the foregoing reasons, we request of you:
- That Leonardo Eusebio Quijón Pereira is recognized, in the case of the murder of Hector Gallardo, as a victim of disproportionate precautionary measures that do not respect the principle of the presumption of innocence, as he is not a hazard to society, since he never resorted to violence nor supported it , also as a victim of discrimination as a Mapuche community member, and therefore be granted immediate release while awaiting trial;
- That in case of a charge being made he will be ensured all guarantees provided by international law of human rights, including, inter alia: Articles 5, 7, 8, 9, 10 and 11 of the Universal Declaration of Human Rights, the articles 9.3 and 14 of the international Covenant on civil and Political Rights (ratified by Chile on February 10, 1972), Articles 7 and 8 of the American Convention on Human Rights ("Pact of San José, Costa Rica", ratified by the State of Chile, dated August 21, 1990) and Article 10.2 of the ILO Convention 169;
- That the Anti-Terrorism Act No. 18,314 not be applied because of its discriminatory application against Mapuche community members;
- That the aggression by members of the police in 2009 be investigated, in order to bring to justice all those responsible for the violation of his human rights;
- That in any case, during his detention, he will be provided with the competent medical care, transferring him to a specialized clinic to begin the appropriate therapy, in accordance, inter alia: Article 10.1 of the International Covenant on Civil and Political Rights, the Joint of Principles for the protection of All persons under Any form of Detention or Imprisonment, Article 5 of the American Convention on human Rights, and in addition to Articles 34, 35, 36, 37, 38 of the penal Institutions Regulations of Chile and Article 20 of the organic Law of Gendarmes of Chile;
- that such medical care will also be provided after release, together with fair compensation for material and moral damages by reason of the violation of his human rights by members of the police who attacked him in 2009;
- That there is put an end to all persecution perpetrated by anyone, against Leonardo Eusebio Quijón Pereira and all the Mapuche people, and that all those responsible for human rights violations are brought to justice.
CEDHPA H.EDELSTAM, European Commission of Human Rights and Ancestral Peoples "Harald Edelstam", Gothenburg, Sweden - www.secretariadoeuropeo.eu - firstname.lastname@example.org
ECOMAPUCHE, Association Friendship with the Mapuche People, Italy - www.ecomapuche.com - email@example.com
MARICHEWEU KULTURVEREIN für die Menschenrechte der Mapuche, cultural association for human rights of the Mapuche People, Germany - www.maricheweu-kulturverein.blogspot.de - firstname.lastname@example.org - email@example.com