May 31, 2013
This Friday, the plenary of judges of the Court of Appeals of Temuco will hear the proposals of the six prosecutors who apply for the post of regional prosecutor of the Araucanía. Among them is Luis Chamorro, Chief Prosecutor in Collipulli, who has been one of the main persecutors of the mobilized Mapuche communities.
In this context, Mapuche leaders entered the Court a letter requesting that "Luis Chamorro is not appointed as the chief prosecutor of the Araucanía, as he is one of the main factors of violence that occurs in the area, because the raids which he has staged and directed personally seem more driven by revenge and other interests than by the search for justice."
"His work as a prosecutor has been questioned many times by the highest court, the Supreme Court, which this year has canceled three consecutive trials in favor of the Mapuche of Malleco", is added.
The Court of Temuco will select three names to be sent to the National Prosecution for the election of the new regional prosecutor of the Araucania, to replace Francisco Ljubetic.
The undersigning communities are Wente Winkul Mapu, Rayen Mapu, Autonomous Temucuicui, Traditional Temucuicui, Ralkilko, Domingo Trangol, Antonio Panitru, Coñomil Epuleo, Mallekoche, Autonomous Adencul Mapu and Lof Chequenco.
Most illustrious Court of Appeals of Temuco.
The Mapuche communities of Malleco have taken note of the soon to be made appointment of the Regional Prosecutor of the Araucanía, to which postulates the current Chief Prosecutor in Collipulli Luis Chamorro Diaz.
Given the importance that this high office has for the proper conduct of judicial activity in the region, in general, and the effects that his appointment would have on our families and communities, in particular, is that we come here to inform you of our most profound disagreement if the Prosecutor Chamorro should eventually be appointed in that post.
This disagreement we make known to you because there would be appointed as Chief Prosecutor of the Araucanía someone who is known in the region as the "Anti-Mapuche Prosecutor" for his racist and persecutory practices which he has carried out, which is particularly serious in a region where the Mapuche population is the majority.
His practice of constructing setups to impute to leaders and members of Mapuche communities is known, in trials that in the vast majority then "fall to pieces", because the evidence is biased and inadequate, not at any time respecting the principle of objectivity which is required by law, and usually they culminate with the acquittal of the accused.
Because the raids that he has carried out and directed personally seem more driven by revenge and other interests than by the pursuit of justice, the Court of Temuco itself repeatedly having to adopt applications for protection, which have clearly shown the arbitrary and illegal actions by the police under his command, with the familiar consequences to the elderly, women and children in our communities, injured and terrified.
In the same way, it is important to remember that in due course the Public Defender requested that "in defense of the values of the justice system the behavior of the prosecutor Luis Chamorro be evaluated", referring to the many raids that have been conducted in the Ercilla communities and Malleco Province, in which Prosecutor Chamorro has participated in a "disproportionate action, to the extent that it affected equally not only the accused that these proceedings sought to arrest, but also innocent members of the community, including children and elderly people who were seriously injured, whose performance has violated basic rights and guarantees of every citizen, in this case with unlawful assaults and even shots in the back".
To this must be added several irregularities in which Luis Chamorro has engaged in the development of his work as the Prosecutor of Collipulli, and which has earned him quite a few requests for disability, made by both the Mapuche Criminal Defense, as well as private lawyers, against him, for his acting as a judge and jury in trials that involved Mapuche.
Then his work as a prosecutor has been questioned many times by the highest court, the Supreme Court, which this year has canceled three consecutive trials (Mijael Carbones; 7009-2012 Rit: 572012, Erik Montoya, 1179 - 2012 Rit: 972 012, Paulino Levipan; Rit: 512012) in which against Mapuche had been achieved sentences based on alleged evidence provided by this prosecutor, despite the suffering and pain for the families and communities of the accused, which were kept a long time in jail, to later have them declared innocent. Suffering and pain for which no one takes responsibility.
The same situation has been repeated in the Court of Appeals of Temuco, ordering most of the time the freedom of those accused by Prosecutor Chamorro or by annulling the judgments affecting Mapuche, for lack of evidence, those who nevertheless had to spend significant periods deprived of their freedom.
We have the certainty that in the event of the prosecutor Chamorro being appointed to the post of regional prosecutor, the bad practices we have reported and that are in the public domain would only worsen and spread to the regional level, thereby bringing disrepute to the Judicial Power, as the Mapuche communities will persevere in our struggle for territorial and political rights that belong to us legitimately.
By virtue of all the above, it is that communities undersigned come in requesting your attention and have you to take into account our considerations, so that Luis Chamorro Diaz is not named as the Chief Prosecutor of the Araucanía, because he is one of the main factors of the violence that occurs in our area.
We take our leave attentively.
Mapuche Community Wente Winkul Mapu.
Mapuche Community Rayen Mapu.
Community Autonomous Temucuicui.
Mapuche Community Rankilko.
Mapuche Community Domingo Trangol of Victoria.
Community Traditional Temucuicui.
Mapuche Community Antonio Panitru.
Mapuche Community Coñomil Epuleo.
Mapuche Community Mallekoche.
Community Autonomous Adencul Mapu.
THE REJECTION BY THE MAPUCHE COMMUNITIES EXPRESSED YESTERDAY IN TEMUCO GAVE RESULTS: ANT-IMAPUCHE FISCAL LUIS CHAMORRO WILL NOT BE NEW REGIONAL PROSECUTOR OF THE ARAUCANÍA. THE CHOICE WILL BE MADE BETWEEN CRISTIÁN PAREDES, RAFAEL MERA AND CRISTIAN CRISOSTO.
FALLS TO PIECES CHAMORRO'S ATTEMPT TO CONTINUE WITH HIS CIRCUS AGAINST MAPUCHE THROUGH THE PROSECUTION...
The three candidates to choose the successor to Francisco Ljubetic in the Regional Office of the Araucanía are:
Rafael Mera Muñoz, Regional Prosecutor of Los Rios.
Cristian Paredes Valenzuela, Chief Prosecutor of the Economic Crimes and Staff Unit of the Local Prosecution Temuco.
Cristian Crisosto Riffo, Prosecutor Unit for Robberies of the Local Prosecution of Temuco.
Between these, the National Prosecutor Sabas Chahuan must choose who will occupy the desk, papers and current role of the Regional Prosecutor.