Monday, May 27, 2013

Unprecedented end to judicial setup, Public Prosecution requests freedom of Mapuche student, arrested after violent raid on student home Lawen Mapu, Chile

 Thursday May 23, 2013

A great turnabout was seen in the setup prepared by the prosecution, led by the Prosecutor Omar Mérida, who without prior investigation accused and formalized on arson charges the Mapuche student and member of the Autonomous Community Temucuicui, Orlando Cayul Colihuinca, on Friday, May 17, 2013, after a violent raid to the Mapuche student  home of Temuco, Lawen Mapu, where the Mapuche student was arrested.

Subsequently, and without any evidence or background information attesting to the involvement of Orlando Cayul in the crime, Judge Marcia Castillo ordered pretrial detention.

The traditional authorities of the community Autonomous Temucuicui , the Werkén Jorge Huenchullan and the Lonko Victor Queipul, at the time of the order of pretrial detention, stated categorically that they were facing another orchestrated setup of the Public Ministry and assured that the innocence of the peñi would proved.  

Now, and so unprecedented in Chilean Justice, prosecutors unable to continue sustaining the setup, requested the immediate release of Orlando Cayul.

Asked about that unprecedented legal situation, the Werkén Jorge Huenchullan said "We value the freedom of the peñi, but we will study this serious situation and then we will announce the next steps against the prosecution, because this has to end, the prosecution has made
the setups become customary in order to prejudice the Mapuche People, I reiterate that this is a clear example of a setup by the Public Prosecution."

Mapuche Student Orlando Cayul Colihuinca imprisoned only for being of Mapuche community Autonomous Temucuicui

Public Statement

Mapuche community Autonomous Temucuicui, faced with new arrest and imprisonment of our member, we issue officially to the local, national and International
public opinion the following:

1. - Our brother and Benjamin Cayul Mapuche student Colihuinca Orlando, a member of our community, has been submitted to a control of detention and formalized at the Tribunal the Guarantee of the city of Temuco on Friday, May 18, 2013, the hearing was marked by several incidents. Judge Maria Castilla denied the brother the opportunity to present himself at his audience with his Makun (blanket), citing alleged security measures that neither she nor the gendarmes could justify. The morning hearing was immediately suspended after the prosecutor requested the disqualification of Judge Omar Mérida with the clear intention to pressure her and gain time and prepare the evidence. Finally at 4 pm, the hearing was resumed with the same judge, who decreed the preventive detention for a period of 30 days, deadline set also for the investigation.

2. - We remind you that on Thursday May 16 in the morning a machine parked on the bridge Cautín according to witnesses was burned by several subjects. No one was identified at the time of the incident. The burning of this machine justified a few hours later the raid the Mapuche home Lawen Mapu located near the bridge. With no arrest warrant the brother was arrested during the raid along with one of his companions, who a few hours later was released.

3. - The charge is based on the story of secret witnesses who identified 4 subjects entering the home Lawen Mapu after a fire in the machine on the Cautín bridge, subsequently the PDI would have found hydrocarbon particles on a jacket owned by the brother. Notably, the defense could not question the alleged evidence provided by the prosecution for the latter claimed the secrecy of the investigation. 

4. - It draws attention powerfully to the fact that the Peñi Orlando Benjamin has been arrested immediately, ie before they could perform analysis of his coat. This antecedent leads us to believe that the analysis of the coat has been made ​​after the arrest. Add to that the fact that PDI officials who manipulated his coat acted without gloves and after handling a diluent, which contains the particles that would be found on the coat. Well, we can consider that the police themselves were the ones who distributed this material on the coat. Another point that shows the bias of the research is the fact that the hands of the accused were not examined to determine the possible presence of hydrocarbon on those. Finally, the prosecutor did not take the trouble to question the students from the home and in the first place the companions of the room of Orlando Benjamin to see if he was present in his room at the time of the crime.

5. - It was even worse when the defense of the accused pointed out that his roommates had seen him sleeping in his bed at the time of the crime, the prosecutor threatened to accuse them in the event of testimonies in this regard. Of these various elements can be concluded that the public prosecutor has proven once again that he does not seek the truth, but to imprison Mapuche, responding to political pressures, especially those of the Ministry of Interior and the Multigremial of Araucania, which together have created an atmosphere of terror in the region, trying to make the public believe that there is a Mapuche terrorism, and so have systematically pressured the courts of law in their decisions.
The chronology of events clearly shows that at first Orlando Benjamin was arrested without evidence and those were added later in order to imprison him.

6. - With this imprisonment it is clearly demonstrated that the justices especially the Public Ministry, do not seek the true responsible for the act, but rather seek and prepare a responsible for the crime, now the question Why Orlando Benjamin? Because he is Mapuche, because he is of the community Autonomous Temucuicui because he adheres to the territorial claims of the community and is also a student who actively participates in the Mapuche movement in Temuco, a culprit perfect for the Public Ministry. Therefore we are witnessing once again imprisonment of a Mapuche from a fighting community without any proof. But in the heads of the prosecutors and judges the equations are simple: be from Temucuicui and Mapuche means to be violent, and therefore a danger to society that warrants pretrial detention.

Finally we express our full support and backing of our brother, we made clear that we will demonstrate the innocence of the Peñi finally Orlando Benjamin remains imprisoned in the Mapuche module of the prison of Temuco, unable to study, despite the sacrifice involved for his family to finance a year of study, we make a broad appeal to solidarity with our brother and be attentive to the development of this imprisonment.

Community Autonomous Temucuicui.

Wall Mapu, May 20, 2013

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