Tuesday, December 25, 2012

The rule of law in Chile is a dead letter for the Mapuche. Supreme Court ruling on double jeopardy MPP CAM Héctor Llaitul and Ramón Llanquileo.

Last Friday December 21 the Supreme Court upheld the verdict of the Court of Appeals of Concepción, dismissing the arguments of the Public Defender within the framework of an appeal filed on behalf of MPP CAM Héctor Llaitul and Ramón Llanquileo, for the double jeopardy (or multiple criminal prosecution), where the military tribunal of Valdivia acquitted and Oral Criminal Court of Cañete condemned for the same facts and evidence in the setup of the false confrontation in the case Prosecutor Elgueta. Marking a precedent that never before happened in Chile, where there is no respect for a constitutional guarantee, of not to be tried twice for the same act.

Without further arguments but to issue a brief document in which is expressed, "It confirms the original ruling of December 5, two thousand twelve." This statement was made by the Second Board of the Supreme Court composed of the ministers Milton Juica, Hugo Dolmmestch, Carlos Künsemüller, Haroldo Brito and constituent lawyer Jorge Baraona.

The ratification of the judgment is but one example of the continuity of political persecution to which the MPP CAM Hector Llaitul and Ramón Llanquileo face. Where the Chilean courts have consistently based their rulings adjusted to a partially interpreted right. The Chilean Supreme Court had the opportunity to make amends, where in June 2011 Replacement Case sentenced Llaitul and Llanquileo to 15 and eight years respectively, for an alleged armed robbery against the torturer and informer Santos Jorquera (in this case the Supreme Court upheld by 10 and 5 years respectively the conviction) and the Prosecutor Elgueta case (reclassified offenses to serious injuries just lowering the sentence to 4 and 3 years). But simply did not do so. For it was more comfortable and more "honorable" upholding the decision of the Court of Appeals of Concepción, than to assume their mistake and overturn the conviction of double jeopardy, the last would have been the most just, because the convictions by the Oral Tribunal of the Criminal Court of Cañete were achieved by several irregularities and aberrations such as double processing, application of the Anti-Terrorism Act, protected witnesses that in particular in this trial played a key role, statements under torture, etc..
The Chilean Rule of Law is a dead letter for the people of the Mapuche nation,
it is only a fiction and there is a long list to prove that. Cases like that of peñi Lemun Matías Mendoza Collio and Catrileo, where their murderers go unpunished or with ridiculous sentences, indicating that in Chile there is no justice for the Mapuche, that the supposed institutions that should ensure the common good are more concerned with their corporate partners and private property than with fundamental rights.

But despite the criminalization of the Mapuche fight, of so much injustice, persecution, political imprisonment, repression and death, the fight for dignity, freedom, autonomy and territory will continue in our territory and from the communities, reinstating our political prisoners and following the example of our pu Weichafe, Longko, Machi, that are on the way of our national liberation.

Let us recall:

"Friday, December 28 HEARING IN CAÑETE TO DEMAND THE BENEFITS FOR HÉCTOR LLAITUL, it comes to a reduction of his sentence of the four years in which he was deprived of liberty (Preventive Detention) for cases in which he was acquitted. We must mention that this benefit has been awarded to a unlimited number of common criminals and several former Mapuche political prisoners, then and now, therefor we hope that again the militants of the CAM are not the exception. "

For the Mapuche Political Prisoners of the CAM Héctor Llaitul and Ramón Llanquileo on hunger strike since November 14. There will be demonstrations in Chiloe, Osorno, Temuco, Concepcion, Santiago and Mexico.

by Wichan

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