Source: http://maricheweu-kulturverein.blogspot.de/2012/12/tribunal-de-collipulli-rechazo-medidas.html
Court of Collipulli
• Nevertheless there opens a window for the youth of 20 years. Judge (S) of the Court, Javier Bascur, requested the Prosecutor Luis Chamorro to summon to declare, as soon as possible, the five witnesses called by the defense.
• Out of 11 prosecution witnesses, only one of them Ismael Gallardo Cayul says to recognize Leonardo as "a friend of my son and his hair was long and straight."
Today, December 13, the Court of Collipulli rejected the precautionary measures for young Mapuche Leonardo Quijón Pereira, of the Community Chequenco, accused by the Prosecutor, Luis Chamorro, of the death of parcel holder Héctor Gallardo.
Remember that the homicide of Gallardo occurred Saturday night September 1st, when three masked men entered to the plot 22, town of Ercilla, and at gunpoint demanded the delivery of 500,000 pesos and two firearms of his brother Ismael.
Given the cries for help, Hector Gallardo Aillapán, 45, went to the home of his brother, encountering himself with the masked men who point blank shot him, wounding him in the thigh, left arm and skull, arriving deceased to the Hospital of Collipulli.
Leonardo will continue with the hunger strike which began on November 27. He demands a fair trial, to expedite the process and that is transparent, that all his witnesses are accepted, an end to the setups against the Mapuche people, that he be granted their freedom under precautionary measures and that the family of the parcel holder rectify its statements because he is innocent.
The Prosecutor Chamorro was required to investigate
Leonardo is in pretrial detention since he surrendered voluntarily-to-prove his innocence
September 03 this year, and to date the Public Prosecutor Chamorro has never summoned to render testimony neither him nor the witnesses presented by the defense, led by lawyer Lorenzo Morales.
In this regard, Lorenzo Morales said that "the Collipulli Court Judge asked the prosecutor who has to investigate whether Leonardo had long hair or not at the time and also stated that he did not want to hear any kind of discussion about it in his Court. He also gave a deadline to summon the witnesses presented by this defense."
The lawyer added that at the hearing there was only discussed his client's participation in the crime. And that, to contest the theme of the "hair", showed images of Leonardo where on August 27th the young man had uploaded a photo that showed he had cut his hair because he wanted to move to the Community of Curaco, where his partner lives.
Morales adds that "Leonardo is in pretrial detention solely by the words of one witness and not for hard evidence. In fact, at the crime scene were found organic remains and we asked the Prosecutor Chamorro to do DNA testing, which has not been done."
For a greater abundance of facts, the defense lawyer stated that they presented the Court a letter signed in Collipulli by Leonardo to the professional of ANIDE, Francisca Vera, dated August 31, in which he committed himself to undergo a medical therapy. Following this, Francisca accompanied Leonardo to a taxi where he got in with all his belongings to travel to Curaco.
"We requested the Prosecutor Chamorro, dated November 5, to summon 5 witnesses to testify: the mother of the partner of Leonardo, some uncles and his partner, which has not been done."
Complex health status
The health status of the young Mapuche is delicate, because since 2009 he suffers the consequences produced by the attack by police that left about 140 shotgun pellets in his left calf, and he still has an injury caused by a gunshot, which has him very impeded.
According to a medical report issued by Dr. Luis Umaña Rosales, of the Human Rights Commission of the Chilean Medical Association, who has visited twice this week to the community member "Leonardo has lost about 10 kilos, appears conscious, hydrated, but with a crushed spirit, many persistent cramps and dizziness, insomnia and changes in sleep patterns, plus frequent palpitations."
"This prolonged fasting-reported the physician-keeps him on the edge of a severe decompensation
for his physical frailty, especially for a history of cardiac arrest after his previous hunger strike in prison in Temuco, where together with other Mapuche political prisoners they requested that their place of detention be change to be closer to their families , just some weeks ago."
"From the medical and ethical point of view -added Umaña- according to the Malta Agreement on the rights of the hunger strikers for political causes, which was seconded by the Chilean Medical Association, a prompt legal solution is urgent. Therefore, that I will continue to look after his rights and accusing this serious irregularity ".
Andrea E. Figueroa
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