Posted on January 10, 2013 by adkimvn
The sentence, which receives an appeal filed by the NHRI, is the fourth decision within a year where it orders police to adjust their actions to the law and human rights.
The Supreme Court upheld the decision of the Court of Appeals of Temuco who received an appeal filed by the National Human Rights Institute (NHRI), in favor of four Mapuche arrested by police of the Prefecture of Malleco last December.
In a unanimous decision, the justices of the Second Board confirmed the verdict that determined the illegality of the arrest of Jorge Leonel Melinao Neculpán, Marco Fabián Melinao Neculpán, Marcelo Alejandro Valenzuela Melinao and Iván Agustín Huenchumil Levinao.
The Temuco court ruling determined that "the protected were detained by police of the Prefecture of Malleco, while traveling on the road between San Ramon and Chequenco, being taken to the police unit in Pidima, without that there exists any basis for such arrest nor historical backgrounds that warrant the identity check which the protected were subjected to, diligence having been practiced by police, it should have had as a result that Iván Huenchumil Levinao had an outstanding arrest warrant, issued by the court of first instance and warranty of Collipulli, who for the this should have been made available to the court that delivered the order, which did not in fact happen, according to the judge already referred to."
The resolution adds: "Without prejudice that the Constitution of the Republic in its Article 90, provides that the forces of law and order and the police are there to enforce the law, ensure public order and public safety internal in the ways determined by their organizational laws, within which is of course controlling public order, it is certain that the use of these powers is limited by respect for constitutional rights and guarantees that the same Constitution provides for citizens, including their integrity and personal freedom in all its forms of exercise, as is clearly established under No. 7 of Article 19 of the said statute, which provides that such guarantees can not be denied or restricted, but in the cases and in the manner prescribed by the Constitution and laws."
"The police action" continues the ruling of the Supreme Court, "shoul try not to cause more harm than that required to discharge its obligation, and there is no doubt that in the case at hand, the actions of police illegally affected the rights and constitutional guarantees of the protected, causing an obvious detriment to personal liberty and personal security; conduct that authorizes this magistrature to issue the necessary measures to restore the rule of law and ensure adequate protection of those affected, as will be done".
This is the fourth time in a year that the Supreme Court orders the uniformed police to bring their procedures within the frameworks of law and human rights in Mapuche territory. In the Court of Temuco there are six occasions when the police actions have been declared illegal and arbitrary.
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