Thursday, January 31, 2013

Public Statement by the Mapuche political prisoners of the communities of Ercilla, currently imprisoned in the jail of Angol, Chile

Public Statement 31/01/2013

The Mapuche political prisoners of the communities of Ercilla, currently imprisoned in the jail of Angol, to our people and the national and international public opinion, we state the following:

1. - That in the last few days we have been informed that a number of members of human rights organizations and international observers visited the Angol prison to observe the conditions that the Mapuche political prisoners find themselves in.
2.-We regret that these organizations have not taken notice of the persecution and abuses suffered by us, those who resist, who fight, and suffer the attack of the political repression and imprisonment by the Chilean state.
3. In particular, we regret that they have not interviewed Fernando Millacheo Marín, peñi of the Lof Chequenco, on hunger strike since over a month, with a weight loss of more than 12 kilos. This peñi has been imprisoned several times, always being acquitted of the setups of the prosecution and police.
4. We make notice that the repressive strategy led by the prosecution anti Mapuche Collipulli, is imprisoning young people from the communities of Ercilla, with gross setups of common crimes, with protected witnesses who only recognize the voice or body type, but that is enough to keep us in unjust imprisonment.
5. We reaffirm that we are members of communities, that we only owe it to them and from them we draw our strength to resist. We will not give up our struggle for the recovery of ancestral territory, not for the imprisonments nor for the setups.
6. We call on all communities of all traditional Mapuche Lof to lead a worthy fight for our territory and autonomy, to no allowing ourselves to be deceived once again with supposed dialogs where the demand for territory of the Mapuche Nation is not heard.     

Fernando Millacheo Marin: Lof Chequenco
Cristian Levinao Melinao: Lof Rayen Mapu
Jaime Marileo Saravia: Lof Cacique José Guiñon
Jorge Mariman Loncomilla: Lof Cacique José Guiñon
Luis Marileo Cariqueo: Lof Cacique José Guiñon
Leonardo Quijón Pereira: Lof Chequenco
Rodrigo Montoya Montoya: Lof Wente Winkul Mapu
Guido Bahamonde Gallardo: Lof Rayen Mapu

Stop the setups and Political Repression!
Freedom for the Mapuche Political Prisoners!

Wednesday, January 30, 2013

First Communiqué - Collective for the Freedom of The Mapuche Political Prisoners of Malleco, Chile

January 29, 2013


The Collective for the Freedom of The Mapuche Political Prisoners of Malleco - by this statement we denounced before the national and international public opinion that the Chilean government, through its policy of persecution and repression and using for their service the whole legal apparatus, once again has managed to deprive us of our freedom, this time accusing us of common crimes and, in the absence of evidence or witnesses, is keeping us in detention in the prison of Angol. 

In recent years, most of us have been prosecuted under the Anti-Terrorism Act and after spending months in jail, they have never been able to prove our guilt and we achieved our freedom temporarily. Despite this, the Chilean government has continued its prosecution by implementing strategies to accuse us as criminals, to imprison us and to delegitimize the territorial recovery process that we have assumed as Mapuche with our families and communities.

Denounce the fact that in this persecution the Chilean State is using corrupt prosecutors and police, who in these new processes have changed the old protected witnesses for alleged victims, who based on simple assumptions have denounced us for various offenses.

We want to make clear our innocence, as we have not participated in any of the facts that they charge us with, for we have no need to steal, nor to threaten, not of smallholders, or large landowners, not least of our own people and we reaffirm that our only goal is the recovery of our usurped ancestral territory.

Given these new strategies of repression of the Chilean State, we denounce that this persecution transcends even to our family and friends every time they visit us in this enclosure, who are photographed and recorded by the Investigations Police (PDI).

And also, without notice, we are moved secretly from the prison using large police operations to perform new formalizations. Thus our cell-mates and family are prevented from knowing our whereabouts for several hours.

Therefore we also denounce the Mapuche Criminal Defense as part of the Chilean State, who despite its supposed defense services, do not use the agreed time for a proper investigation that favors us, where in many cases have passed months without taking statements from our witnesses, without going to the scene, and sometimes restricting to only use the research conducted by the plaintiff and as a result we must spend more time in custody due to the extensions of time for the investigation.

Given these facts, we want to be emphatic in demanding of national and international organizations, who are interested in knowing the type of repression and persecution that the Chilean State applies to us, for example, members of the European Parliament who a few days ago visited this prison, to not fall into the game of dividing us and discriminate against us for being accused of common crimes, as Mapuche, we proudly carry out our process of resistance, together with our communities and once again, with our heads held high, we will fight to prove our innocence and uncover the new strategies of the State and their puppets of the Judicial Power.  

We call upon all peñi and lamgen to continue denouncing the injustices and violations by the State of Chile on the Rights of Children, the elderly, women and adults in our communities and we encourage all who are able to recognize our struggle and our ancestral rights, to move forward, screaming in the streets, visiting prisons and using different forms of protest.
For Freedom and the recovery of our Territory.
From the prison of Angol signing this statement:
Jorge Mariman Loncomilla
Bernardo Neculpan Huentecol,
Cristián Levinao Melinao,
Jaime Marileo Saravia,
Luis Marileo Cariqueo
Levinao Juan Esparza

January 29, 2013

Mapuche community members of WENTE WINKUL MAPU Condemned in flawed trial in Chile

Wednesday January 30, 2013, by Communications Commission / / Campaign to Free all political prisoners Mapuche

They condemn Mapuche community members of WENTE WINKUL MAPU in flawed trial against Erick Montoya, Montoya and Ricardo Rodrigo Nahuelqueo. The prosecution requests 15 years in prison

This afternoon was the last trial hearing that took place against three community members of Wente Winkul Mapu, Erick Montoya, Rodrigo Montoya and Ricardo Nahuelqueo, who last year were more than 60 days on hunger strike.

In a flawed process in which the notable contradictions were evident the protected witness accused them, and in which was felt all the political and media pressure against our people, the anti-Mapuche prosecutor Chamorro managed to condemn our Mapuche Political Prisoners
with a setup for charges of attempted murder to police, in the case of Erick and Rodrigo and regarding Nahuelqueo for damages.

Next Monday the resolution of the sentence will be given, for which the prosecution requests 15 years in prison.

The community Wente Winkul Mapu does not rule out the possibility of appealing for annulment
given how flawed the evidence is and the contradictions in the faceless witness, they are even considering to present the case to the Supreme Court in Santiago.

Monday, January 28, 2013

Gabriel V.M., 17, Community Wente Winkul Mapu Mapuche minor prisoner in the jail of Chol Chol, Chile. 01/25/2013

Gabriel V.M., 17, Community Wente Winkul Mapu Mapuche minor prisoner in the jail of Chol Chol. 01/25/2013
By Elena Urrutia

Once again in Chile, violation of the Convention of the Child and the guarantees of due process.

Gabriel is imprisoned since early September 2012, after having surrendered voluntarily to declare his innocence over the allegations against him of being a participant in the death of the land holder Gallardo.

In his statements he affirms that he is innocent, but despite having no evidence against him, preventive detention for four months of investigation was ordered and he was transferred to the juvenile prison of Cholchol, regarding the youths Luis Marileo and Leonardo Quijón who also presented themselves voluntarily, they were imprisoned in the jail of Temuco and later transferred to Angol prison after a long hunger strike.

Anti- Mapuche Prosecutor Luis Chamorro demonstrates again his professional incompatibility and hatred against the Mapuche people. Delaying the process with his customary lack of results of background investigations within the stipulated period and Freedom under precautionary measures is rejected for lack of antecedents in the case. On January 22 the deadline is reached and he requests and gets an extension for another month. The next hearing is scheduled for February 20.

It is important to remember the partiality of Luis Chamorro, on the one hand pursuing and harassing for years the young Mapuche on an ongoing basis and planned, on the other he is responsible for the violent raids, violence against Mapuche communities and legal setups against Mapuche community members especially against young people.

Furthermore the Public Defender presented the July 26, 2012 a complaint against the same prosecutor Chamorro, after during a raid conducted by the officer, the police Special Forces wounded seven members of the community Wente Winkul Mapu, fact that prompted an appeal that was received first by the Court of Appeals of Temuco and then confirmed by the Supreme Court on August 20.

Precisely one of the victims of that raid, which according to the Criminal Chamber of the Supreme Court involved an "excessive use of force" by the police, was the minor Gabriel V.M. (17).

The minor declared on August 30, 2012 before the Regional Prosecutor of Los Lagos, Marcos Emilfork, who is in charge of the unformalized research initiated by the prosecution following a complaint made by the Public Defender against Chamorro.

This already presents a violation of due process for the lack of objectivity of the Prosecutor in charge of investigations and he should be disqualified.

The Organizational Law of the Public Ministry, in Title IV about the Disqualification of Prosecutors whose Article 55 No. 8 points as grounds for disqualification "have a party pending criminal case with the prosecutor" and 55 N ° 12 12. Having the prosecutor with any party enmity, hatred or resentment for assuming that is not covered with the requisite objectivity;

The imprisonment of Gabriel violates the rights of the Child Convention ratified by Chile in 2009.

Article 1

For purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained at an earlier age.

Article 37

The States Parties shall ensure that:

a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment.

b) No child shall be deprived of his liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be conducted in accordance with the law and shall be used only as a last resort and for the shortest appropriate period;

Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the best interests of the child, and shall have the right to maintain contact with their family through correspondence and visits, save in exceptional circumstances.

However, Gabriel is taken to the courts by a large contingent of riot police and excessive surveillance. This attacks the inherent dignity of the human person of a child
because until they can prove his involvement in the incident he should be treated as innocent and not as a dangerous offender. Moreover Gabriel appeared voluntarily to declare his innocence so that deprivation of liberty disregards the Article 37, b. The most that would be acceptable for the minor is a release on precautionary measures while awaiting trial.

Every child deprived of liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of liberty before a court or other competent, independent and impartial authority
and to a prompt decision on any such action.

The partiality of the Prosecutor Chamorro violates Art 37, d, and that he personally is linked and has a personal interest in revenge for the minor's statement against him. !

More serious still is that to all of this is still being applied minors the Anti-Terrorism Act to for being Mapuche, protected witnesses, secrets of the investigation and lengthy processes are instruments that are allowed
by this Act of the time of the dictatorship.

We call on all 
conscientious people to address these injustices in cases Mapuche of adolescents demand respect for the rights of children and to not continue to use the tools of the Anti-Terrorism Act against the Mapuche, whose law is questioned internationally as it not only violates the rights of due process, but also against the fundamental human rights of the Universal Declaration of human rights such as Article 2, 5, 7, 9, 11.

Immediate release of
Mapuche minor political prisoner GABRIEL V.M.!

FREEDOM TO ALL Mapuche political prisoners!


Sunday, January 27, 2013

Chile: COMMUNIQUE by Mapuche ex-Political Prisoners facing new trial

COMMUNIQUE: Erick Montoya Montoya- Rodrigo Montoya Melinao- Hector Nahuelqueo Nahuelqueo - 27/01/2013

To the national and international public opinion:

From Monday 21 January of the present year, the retrial against us is taking place, initially being accused of the charges of attempted murder and damages against police and the landowner Juan de Dios Fuentes, charges under which the prosecution sought convictions of 22 and 18 years respectively.

Because of these charges, of which we plead innocent, we held a hunger strike for more than sixty days, in which we put our lives at risk, in order to have them do justice, and for which the Supreme Court decided to order a new trial, in order to change the offenses with which the prosecution sought to condemn us.

Today we want to extend the dissemination of what happens with this new trial, before which we insist on expressing our total innocence and rejection of any and all of the evidence with which the prosecution has tried so far accuse us of facts they intend to prove with faceless witnesses.

We make our extensive
call, to leaders of communities that are part of the Mapuche Movement and all Lonkos and Werkenes, as well as to the general non-Mapuche public who wish to show their support of our struggle, by solidarizing with their presence on Monday January 28, 2013 at 15:00 hours in the court of Angol, the day on which the mentioned trial ends.

Chaltu pu Peñi, pu lamgen!

Erick Montoya Montoya- Rodrigo Montoya Melinao- Hector Nahuelqueo Nahuelqueo

Angol January 27, 2013.



Tuesday, January 22, 2013

Public Statement by Fernando Millacheo Marín, Mapuche Political Prisoner on Hunger Strike, Chile

To my Mapuche brothers, and the general public I inform the following:

Today January 19, I inform you of the lack of response of the public prosecutor regarding my indefinite liquid hunger strike, that I started Monday 24 December 2012, at 27 days on strike where I have lost considerably: 10kg,
since my application is super simple; I ask for a change of precautionary measures, as in the other trials onwards I have been acquitted, this is due to political persecution against me, for the fact of living in the community Chequenco in the town of Ercilla, ninth region, as well as for asserting myself as Mapuche, all of this is just for a setup where I say that one more time I have to prove my innocence before the courts.

-Weight at Start of the strike 60 kg (12/24/2012)
-Current Weight at 27days of Strike 50 kg. (19/01/2013)

1. - I am completely innocent of the charges against me.
2. - I demand a fair trial and due process, where also the procedures
are accelerated and that they allow me the right to defense.
3. - I request a change of precautionary measures.
4. - I join the just demand for the freedom of all Mapuche political prisoners.

Lof Chequenco, Fernando Millacheo Marín, Mapuche Political Prisoner.

Freedom for all Mapuche Political Prisoners

Angol Prison, January 19, 2013


I, Gabriel V. M., of the Community Wente Winkul Mapu
want to inform the national and international community the following:

1. That I am a prisoner in the prison for minors being innocent.

2. We are young people who are fighting for justice and truth for our people in their just demands for territory, but the Chilean government is unwilling to respond, preferring to repress and criminalize the Mapuche struggle.

3. On January 22, 2013 ends the time of investigation in the case of settler Gallardo. At this point the Prosecutor Chamorro still has not presented the antecedents of the investigations. This means that it is possible to lengthen the investigative process and I would have to continue imprisoned as well as the peñi Luis Marileo and Leonardo Quijón in the prison of Angol.

4. On January 22 the hearing will take place in the early hours in the morning in the Court of Collipulli.

5. I demand to accelerate the investigative process and give me Liberty under precautionary measures as I have been unjustly imprisoned and this violates the rights of the Convention on the Rights of the Child, ratified by the Chilean state.

Thanks to all the people who have continued to support our struggle and especially our Mapuche nation and all original peoples of the world.



About the PERMANENT STATE OF EMERGENCY in the Mapuche communities in Chile

Posted on December 28, 2012 by CidSur

During the last few weeks there has re-emerged in the Chilean media, the political and social problems between the Chilean state and the Mapuche people, where concepts such as terrorism, crime, international support and even the specific request to decree the state of siege are those that predominate (for decades now) in the statements of businessmen, landowners and the government representatives of the day.

Certainly, the manner in which the State addresses this issue, essentially complex, has been nothing more than discriminatory policies of reaction, either by invoking emergency laws to suppress and militarize communities or by creating narrow spaces of dialog confined to marginal issues, political and territorial irrelevant and reproducers of state welfarism, such as the creation of an Indigenous Development Area in the town of Ercilla[1]. Who can question that this area of development was created specifically in response to the demands raised by the communities that have historically claimed their political and territorial rights in the Province of Malleco?

In fact, the recent raids and arrests of Mapuche leaders are due precisely to this policy of reaction, in order to demonstrate results to the public. For them there is nothing simpler than the imprisonment of those community members recognized for their leadership within their respective communities and who have had to suffer long periods of imprisonment for their recognized militancy for the Mapuche land claims.

The attribution of criminal responsibility to the Mapuche people in general and its leaders in particular, of any fire in the provinces of Arauco, Cautín or Malleco even before the completion of the first steps of the investigation, obeys to a discriminatory policy that allows to distract attention from the historic demands of the communities for the return of their territorial spaces.

Then, the invocation of the law N º 18.314 on terrorist behavior only when the accused belongs to Mapuche corroborates this discriminatory policy of reaction. A paradigmatic case is the introduction by the government of Chile of a complaint for violation of the anti-terrorism law for the fire in the city of Carahue dated January 5, 2012, which killed seven forest brigade members. After a long investigation, only one person has been convicted, who was fined for violation of the Forest Act, having produced coal in the area without appropriate protective measures. Of course it was not a Mapuche, otherwise the result would be different. 

In this way the arbitrary invocation of a special law such as the anti-terrorism law allows the undermining of the Mapuche claims, accepted as valid by the vast majority of the Mapuche population. Thus, the terrorist can not be included in the democratic debate precisely because it undermines the foundations of this system which is respect for human rights. They are marginalized. Their claims delegitimized. Thus, the Constitution recognizes in its Article 9 and sanctions, in Article 17, with the loss of citizenship to those convicted of crimes which the law defines as terrorists.  

However, not only the conviction under this exceptional law causes the delegitimization of the counterparty. This also may be indicated when Law No. 18,314 on terrorist behavior is invoked by the prosecution or by the Government of Chile, even though the courts then reject that classification. 

It is noteworthy that the only branch of government legally competent to qualify a fact is the Judicial Power, who noted on 3 occasions during the years 2011 and 2012, that actions carried out in both the Eighth and Ninth Region not constitute terrorist offenses. In fact, both the Oral Criminal Court of Cañete in the Arauco Province by a judgment dated March 22, 2011 in cause No. 35-2010 RIT, the Oral Criminal Court of Temuco in the Province of Cautín by a judgment dated October 8, 2011 in cause No. 158-2011 RIT and the Oral Criminal Court of Angol in Malleco Province by a judgment dated August 29, 2012 in cause No. 58-2012 RIT have dismissed the terrorist rating for a series of crimes framed within the Mapuche social protest.

However, this law does not prevent that all investigations are undertaken under this Act, or that both the Public Prosecutor and the Government of Chile invoke it again and again, all of which results in all measures of investigation carried out by the police to be framed within the Terrorism Act, which not only causes a detriment to the procedural safeguards of the accused, but also allows to treat them as such in the media, at least until the final judgment determines otherwise thing, which certainly is never communicated with the same strength with which they are charged.  

To this we must add that during this year the Hon. Court of Appeals of Temuco by judgments dated November 21, 2011, July 5, 2012, September 3, 2012 and December 7, 2012 has ordered the Chilean police that its procedures must be conducted in strict compliance with constitutional and legal regulations in force, taking special consideration regarding minors. Notwithstanding the foregoing, the police violence has not been corrected which has become evident with a new appeal for protection received by the Hon. Court of Appeals in a ruling dated December 21, 2012 in Case No. 838-2012 pointing to the effect that: "The rigor deployed by the police to confront a group of people, who must ensure in its actions to not cause greater harm than necessary to give due effect to the duty to control groups of people, exceeded the acceptable framework with which it affected the rights and guarantees of the protected ... ". (Emphasis added).

In this way, looking at the actions of the State of Chile through the Attorney General, the police and the government itself, it is safe to assure that in the areas inhabited by the Mapuche people the reality of their leaders and their communities is that they live in a permanent State of Emergency that is not far away from a state of siege or internal war legally declared, just as congressmen and businessmen in the area have requested.  

[1] Section 26 of the Indigenous Peoples Act states that: "The Ministry of Planning and Cooperation, at the proposal of the Corporation may establish indigenous development areas wich will be areas where territorial bodies of state administration focus their action for the benefit of the harmonious development of indigenous people and their communities. "

By Centro de Investigación y Defensa Sur.