December 10, 2012
The Court of Appeals of Temuco -once again- ordered police not to attack children and respect the rights of the community members of the zone of Temucuicui. The appeal for protection was filed by the National Human Rights Institute (NHRI) and the Public Defender for two children and one adult.
In an unanimous decision, the ministers of the Chilean court accepted the constitutional precautionary action filed in the face of the raids on the community, recorded during a visit to the area by President Sebastian Piñera, who never set foot in Mapuche territory before militarizing the whole area and assaulting whole families .
The ruling determined that Police of the Prefecture of Malleco "must adjust its procedures strictly to the law in force, making rational use of deterrents and taking special care with affecting minors".
It should be noted that even before the Supreme Court had extended similar orders to police, following violent assaults in the community Wente Winkul Mapu. But as expected, neither that nor this new ruling will change the war strategy of Chilean occupation in Mapuche territory, where military police have wide powers to try to quell the struggle of the communities.
In the ruling, the judges warn that "the Carabineros of Chile is an institution that is professionally trained to control crowds who disturb public order in any way, for which it has the power to use various deterrents, which must be served in a rational way and proportionate to the situation in each case they see themselves exposed to control, well, in this particular case and as described in the writings of the appellants, of the part under appeal and other evidence on the record and history, the effective deterrents used against the crowd was the use of firearms that shoot pellets, firing into the crowd from a helicopter, without considering that in the place were found minors ", argues the ruling.
It adds that "the rigor deployed by police exceeded the acceptable framework with which they affected the rights and guarantees of those appealing for protection. These actions led to an obvious detriment to personal liberty and personal security of a 7-year-old, who resulted with frontal and nasal contusion at being beaten with a blunt object; of Luis Marillán Curamil, 23, with injuries to his body due to the impact of pellets fired from a helicopter, of L.M.C., 9, son of the former, who said he was beaten and psychologically threatened by police, all cases that authorize the Magistrates to issue the necessary measures to restore rule of law and ensure adequate protection of those affected, as provided in Article 21 of the Constitution of the Republic", states the ruling formalized this Monday.
Therefore, the judges stipulate that "the Prefecture of the Carabineers Malleco is ordered to carry out the police procedures in strict compliance with the existing constitutional and legal rules, refraining, hereinafter to affect the fundamental rights of individuals protected, taking special consideration in terms of deterrence that are used to manage groups of people causing disorder, especially when within these groups of people there can be children."