Thursday, August 8, 2013

Rodrigo Montoya, young Mapuche Political Prisoner, was absolved of all charges in new trial, Chile

Today Rodrigo Montoya, a young Mapuche Political Prisoner of the emblematic community Wente Winkul Mapu, after spending a year and 4 months in prison, was absolved of all charges in a new trial, ordered by the Supreme Court which overturned his unfair sentence of 5 years for "attempted murder" after he maintained 60 days on a hunger strike last autumn to demand a fair trial.

2 related articles there was no time to translate earlier:

Wente Winkul Mapu Youth faces new trial for alleged "abuse" to staff of the militarized police
August 4, 2013

The member of the Community Wente Winkul Mapu of the Lof Chequenco (Ercilla), Rodrigo Montoya, will face on Monday, August 5, a retrial of the oral trial annulled by the Supreme Court, where he was sentenced to five years in prison.

Remember that the start of the trial was scheduled for June 11, but was postponed arbitrarily, the accused having to wait all this time in custody in the prison of Angol.

His case is important for the prosecutors and police because this is a complaint lodged by the General of the militarized police in La Araucanía, Iván Bezmalinovic, who claimed to be a "victim" of attacks.

An accusation which is explained with the persecution directed by this man against Wente Winkul Mapu,
a community that does not slow down in its process of territorial recovery and puts presure on the interests of businesses that occupy this part of Wallmapu.

Message from the young Mapuche:

On Monday August 5 starts the retrial against me, as the Supreme Court overturned the trial where I was sentenced last February 4, for attempted homicide of a policeman. The high court's ruling is that the direct intent to kill, is not justified.

Hopefully in this new trial I will be acquitted and I only ask for a fair and transparent trial. I call upon the communities in resistance to support me on Monday, August 5 at 9:00 am.

Freedom for the Mapuche Political Prisoners

Public Statement before the new trial against our Peñi Rodrigo Montoya  
Monday, August 5, 2013

To our Mapuche Nation, the local and International public opinion, the Community Wente Winkul Mapu from Lof Chekenko states the following:

1. - Today has started a new and infamous trial against a young community member of our community who consistently has been persecuted with political and judicial setups. This is Rodrigo Montoya Levinao, 20, who until he was sequestered by the armed branch of the Chilean state, using his anti-Mapuche lackey on duty, prosecutor Luis Chamorro, was conducting his professional practice in order to contribute in his best way to his family and community, a process that was interrupted by the arrogance of the prosecution.

2. - Rodrigo is arrested during a disproportionate police operation in which they attempted to raid houses within the Community without showing any search warrants. The militarized police arbitrarily arrested his mother, Albertina, and lamuen Juana Montoya, the mother of Eric, with the intention to intimidate the young Mapuche. When Rodrigo voluntarily presented himself find out why his mother was arrested, he was aggressively subdued and also arrested, passing together with both women the next day to the Court of Collipulli.   

3. - They are arrested for allegedly attacking the house of the usurper Juan de Dios Fuentes, a crime which in the end is not even presented in the indictment, because Fuentes can not prove, even under the wingka laws, that the estate which he occupies is his property.

4.-Rodrigo spend more than a year in political prison in Angol, and is now under house arrest overnight, decreed by the Supreme Court, the same which declared a mistrial in April this year for the total lack of evidence with which the Court of Angol viciously condemned the pu peñi Rodrigo and Eric for attempted homicide of a police officer. 

5. - A week after obtaining the annulment by the Supreme Court, Chamorro, vile puppet of the forestry's and the most reactionary and predatory sectors in Wallmapu accused Eric as author of the death of Sergeant Albornoz, fallen in the midst of one of the countless, brutal raids against defenseless women and children in which our people always get hurt by the desperate violence with which the police acts with impunity within our homes, since any policeman who kills a Mapuche, even in the back, is rewarded; We insist, Albornoz fell by the fire of his own colleagues in the repressive and racist frenzy that he was a part of.

6. - We denounce the anthropologist Andrea Benavente Aninat, who as an expert witness for the prosecution has tried to give a "scientific" framework to the investigations, outside all the norms, that the prosecution again intends to use against the peñi Rodrigo, using only 4 matches of the 21 necessary to identify a face, thereby justifying and supporting the false witness statements made by paid secret witnesses. We urge the faculty of Anthropology at the University of Chile to investigate the unethical acts of this alleged expert providing the antecedents for the investigation and demand that they take any action with respect to her conduct, because she is an accomplice to the setups against our pu peñi, since these unprofessional acts lack of probity and its principles.

7. - We support our peñi Eric absolutely who resists with dignity from his hiding as there is no guarantee of a due process, as noted by the Special Rapporteur Ben Emmerson of the United Nations.

8. - We hope that Justice inclines at least for once the balance towards the poor and oppressed and stops defending the interests of the owners of this country, to leave Rodrigo finally acquitted. Even if the opposite happens, we will not stop this just struggle to regain our territory and dignity.
Despite the high costs we have paid, we will leave our children a clear example of the historic struggle and consistency of the Mapuche people, as heirs of a nation that has never been conquered.

Freedom to our peñi Rodrigo and all Mapuche Political Prisoners

Territory, autonomy and freedom

Towards the reconstruction of the Mapuche Nation



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