Monday, November 24, 2014

Defenders of Kintuante: Analysis by the defense of the trial and sentence convicting Machi Millaray Huichalaf, Chile, November 2014


By Research and Defense Centre SUR.
Link to original text: Mapuexpress

On Thursday November 13 the verdict was given in the trial held against two Machi, Millaray Huichalaf and Tito Cañulef and two other defenders of "Kintuante" (sacred place for the communities in the area) accused of Arson on the estate Pisu Pisue, before the second Chamber of the Court of Criminal Oral Judgment in Valdivia.

The accusation was led by of the Public Ministry of Los Ríos headed by prosecutors Sergio Fuentes and Juan Levedina along with the complainants of the Victims Unit of the Ministry of Interior and the Administration of Ranco, ie a triple representation of the state against the 4 Mapuche on trial, creating a sort of accusatory inflation, which hinders the adequate protection of the community members.

The defense of the accused consisted of Luis Soto from the Public Criminal Defense of Los Ríos and lawyers from the Center for Research and Defense South (CIDSUR) Karina Riquelme, Sebastián Saavedra and Paul Ortega.

The defense chose not to submit rebuttal evidence because they believe that the participation of the accused in the acts on trial could not be established.

This decision had its foundation in the vagueness of the evidence because prosecutors presented evidence unlawfully obtained by the National Intelligence Agency, through the departments of Police Intelligence Research, who noted that they carried out investigations against social leaders and Mapuche organizations as being "hostile" autonomously, ie without guidance from prosecutors or court order.

In these eleven days of trial, both the prosecution and the plaintiffs presented about 45 witnesses and experts among them the victims, firefighters, police officers from the stations in El Roble Carimallin and Maihue, health clinic officials from Entre Lagos and dozens of officials of the PDI from Rio Bueno, La Union, Osorno, Puerto Montt, Santiago and Temuco. Besides profuse documentary evidence and material evidence which contributed to unnecessarily extend the trial, since in the opinion of the defense, nothing related the accused with the alleged crime or they related to other facts or situations not constituting crimes, included in the evidence provided by the accusers were references to the personal life of the accused, their readings, thoughts and other issues that are not a crime and belong to private life and that any citizen hopes will be respected for belonging to their sphere of intimacy.

Of the officials of the PDI the statement of more than six hours of Alexis Lara stands out. This police officer was responsible for finding the alleged perpetrators of the fire. He was also in charge of at least nine previous investigations which were added to the cause for which the community members were investigated. The defense learned of this situation only on the last day of the preparatory hearings, a "trick" that falls into a gray area that the courts have chosen not to elucidate, although some courts have pointed out that it is unlawful, in this case the Court of Appeals of Valdivia decided to include it in this the trial, causing a substantial injury to the right of defense of the accused.

This is much evidence, that was kept secret to the accused because it was collected in other investigations, which is included in the accusation "between cocks and midnight" by a surprise last-minute grouping. The purpose is obviously to prevent the defense to know the evidence and therefore be unable to defend against it. It is a pending issue for the judiciary, unacceptable for the defenses, but in this case supported by the Court of Appeals of Valdivia, which overrides any cleaning up of the evidence performed by the Court of Guarantee of Rio Bueno.

This position of the Court of Appeals, to maintain this jurisprudential trend, seriously affects the whole model of Chilean justice, as devoids the meaning of a key instance as is the preliminary hearing, which aims to clean up the trial of intrusive elements or violations of constitutional guarantees.

For example, they allowed police officers who worked under the Law No. 19,974, which regulates the functions of the National Intelligence Agency to declare and present their "theories" and that, in the cross-examination by the defense they will be safeguarded by the secrecy of their activities.

In this case they were in charge of monitoring the suspects and other citizens, obtaining telephone interceptions and gathering evidence in proceedings outside the guarantees envisaged by the Criminal Procedure Code. There is therefore de facto a "state of exception", as by invoking this Act which establishes the National Intelligence System (designed for other purposes) the constitutional guarantees for the Mapuche are suspended.

But that's not all, one of the curiosities of the evidence of Public Prosecutions was the declaration of a PDI psychologist who presented an analysis about the dangerous thoughts of the community members. This is what is called criminal copyright, which aims to criminalize people and not pursue acts at odds with the law.

He also analyzed educational materials on teaching the Mapudungun language, which he said would constitute the fundamental ideological indoctrination of new generations of Mapuche "very likely to engage in violent activities against dams, institutions and the Chilean state". A real scandal, to criminalize the recovery of a language, which is a right recognized by international law and even by the Chilean Constitution.

The verdict condemns the Machi Millaray Huichalaf Pradines as a "concealer" and absolves the other defendants.

This verdict is highly symbolic, since there is no incriminating evidence, still they choose to condemn, in a divided vote, who appears as the most important public figure of the defense of the Kintuante, who also has an important spiritual function.

The question is why this sentence? We should note that the two women members of the tribunal voted for this conviction, who said she could not but know; she had the newspapers of the region, which reported the facts. Do not forget that there is the right to information, but in this case, apparently it is dangerous for the Mapuche to inform themselves on the topics that interest them, they can be convicted of covering up crimes.

It is true, there is still the possibility for Machi Millaray Huichalaf of appealing against this ruling, in short, that the courts amend the judgment. The signal sent by both judges is unmistakable, being female, free, a spiritual leader, a political spokesperson opposed to the energy projects, defender of sacred sites, is dangerous.

Center for Research and Defense SUR.

Sunday, November 16, 2014

*Note: Machi Millaray Huichalaf has been sentenced to 61 days, but she already spent over 4 months in pretrial detention. 

Saturday, November 22, 2014

Chile: Police knocked a Mapuche minor of Mapuche community Mallekoche unconscious, November 18, 2014

A Mapuche minor of the community Mallekoche in the Malleko province, Araucania region, was brutally assaulted by police after being arrested during a protest inside an estate against against a company affecting Mapuche ceremonial grounds.

This was denounced in a statement by that community which describes what happened on Tuesday, November 18, when three of its members went to the estate El Fiscal to require the company Serviterra to stop "the serious damage and irreversible degradation" to an ancient Mapuche cemetery and the Malleko river.

The delegation was formed by the Werken Mirko Collio, alongside Fabiola Llanca and the minor Juan Huentecol, fourteen years old.

According to the statement, after reaching the estate, the Mapuche were intercepted by 25 police officers who assaulted them in an uncontrolled manner.

According to the community, the agents beat with special cruelty the minor Juan Huentecol, who was knocked unconscious, after cutting with knives his traditional and ceremonial Mapuche clothing.

Also, they state that the Mapuche woman involved, Fabiola Llanca, suffered a beating despite being pregnant.

The Mapuche community condemned the incident and described the Chilean police as "being anti-Mapuche in the service of the companies"  for their "racist and discriminatory" performance.

They also state that they will begin legal actions against the institution.

Finally, the community indicated that it will fight harder to defend their ceremonial spaces in El Fiscal and called other Mapuche communities not to lower "the just territorial recovery processes".

The estate El Fiscal, of 230 acres, is part of the area that they claim in their land claim process.

Read the statement below:

Public statement by Mapuche Community Mallekoche

To the national and international public opinion and our Mapuche Nation. The Mapuche Community Mallekoche issues the following public statement:

Kiñe: In the context of the territorial claim by our Mapuche Community Mallekoche on the estate El Fiscal, where part of our historical and cultural heritage is found, on Tuesday, November 18, 2014; our Mapuche community represented by Werken Mirko Collio together with two members of our Mapuche Community; Fabiola Llanca and minor Juan Huentecol, entered to ask to paralyze the serious damage and irreversible degradation to our cultural heritage that the company Serviterra continues to cause to our Eltuwe (ancient Mapuche cemetery), and the disproportionate environmental damage to the Malleko river.

Epu: Upon arrival they were stopped and arrested by about 25 Special Forces police officers, who with a cruelty a dictatorship worthy, surrounded them giving them a series of blows with their feet and hands, wearing gauntlets, to then get dragged by their hair into the mud existing at the site, as well as receiving death threats. These police officers savaged the minor of 14 years, and destroyed with knives his Mapuche traditional ceremonial attire (MAKUÑ: Poncho) and also left him unconscious with the beating they gave him.

Küla: We strongly condemn the actions of torture, the racist and discriminatory performance with which the Special Forces police officers execute arrest procedures against the Mapuche, attacking the physical and psychological well-being of our people. Which is why we publicly denounce the Chilean Police institution as an anti-Mapuche  entity, in the service of the companies, forestries and large landowners. Also we will initiate legal action against this police institution.

Melí: Our Mapuche Community will not be intimidated by this uncontrolled Special Forces police proceeding, we will continue more strongly defending our cultural and ceremonial spaces on the estate El Fiscal, land used by our ancestors to practice our ceremonies.

Kechú: We call on the Mapuche Communities in resistance not lower the just processes of land recovery and the defense of our cultural and spiritual spaces.

Freedom for our Machi Celestino Cordova.
Stop the persecution of Machi Millaray.
Freedom for the Mapuche Political Prisoners.
Wall-Mapu, November 20, 2014.

Monday, April 28, 2014

4th Public Statement from the Mapuche Political Prisoners on Hunger Strike in the prison of Angol, Chile

The Mapuche Political Prisoners on hunger strike in prison in Angol, make it known to the local, national and international public opinion that:

Kiñe: We stress again that our strike will firmly continue to the end and so far there is no will of the government to want to resolve our petitions.

Epu: Last night around 02:00 am, we had a decompensation in our health status, we had to be taken to the hospital in Angol by the gendarmerie of this prison, Leonardo Quijón and Cristian Levinao, suffering headaches, dizziness, chest pain, leg cramp, becoming sometimes totally unresponsive due to this decompensation, moments later our peñi Jose Mariano Llanca Tori was also taken to the hospital due to complications of his illness, this time for calcification of the vesicle. Reminding you that up to this point we are 19 days on hunger strike.

Küla: Due to the indolence of this government, we as Mapuche political prisoners on hunger strike call on you to demonstrate, by either tomorrow going to the mass visit  from 10:00 hours onwards in the prison of Angol or Tuesday 29 April to the marches to be held in Santiago, Concepción and Temuco.

Meli: Tell this Government to take responsibility for our petition, as it was they who condemned us with their persecution, criminalization, harassment while using protected witnesses and adhering to the setups created by the prosecution, particularly by the anti-Mapuche prosecutor Luis Chamorro Días, violating the right to a fair defense and surpassing their own internationally made agreements.

Kechu: Leave freedom of action for the communities in resistance and the social  movements sympathetic to our cause, performing any action in support of our hunger strike.

Freedom for the Mapuche political prisoners!!!

No more judicial setups!!

Demilitarization of our territory!!


Wednesday, April 23, 2014


Public Statement

To the Mapuche Nation; Lof and Communities in Resistance and the national and international public opinion:

Kiñe: On Monday April 21, fulfilling 15 days of action, we, the political prisoners on hunger strike in the prison of Angol, have been visited by the Regional Governor Don Francisco Huenchumilla, accompanied by the Seremi of Justice and the regional director of the Gendarmerie.

Epu: We value the visit of the highest political authority of the Chilean state in the region, because this act recognizes us as political prisoners of the Chilean state and therefore reaffirms that the prosecution and convictions that affect us, are nothing but the result of setups against us, who are fighting for our legitimate demands for territory and autonomy, using the intelligence services and the prosecution as instruments.

Küla: The meeting with Mr. Huenchumilla served to clarify the points of the petition and to hear the position of the state representative regarding the solution for the strike. We hope for an early confirmation of a meeting of our spokespeople with the minister of justice to arrive at an early solution to our just demands.

Meli: We reaffirm our decision to maintain the hunger strike until an actual solution to our demands is presented, our peñi Mariano Llanca adds that, despite his poor health, he will join this action if there is no positive and quick response from the state.

Kechu: We call on the Communities and Lof in Resistance in Wallmapu, and on the organizations that support and sympathize with our just cause, to be alert to the development of the negotiations now in progress, we will not fall for the delaying tactics to try to break our strike. We also make a call to take actions that make visible and give support to our petition.

An end to the secret witnesses in trials against Mapuche!
Freedom for the Mapuche political prisoners!
For the rebuilding of our Mapuche Nation!

Luis Marileo Cariqueo (initial weight: 87.100kg Weight today. 76.600kg)
Leonardo Quijón Pereira (Starting weight: 56.100kg Weight 49.200kg today.)
Cristian Levinao Melinao (initial weight: 78.300kg Weight today. 69.300kg)

Thursday, April 17, 2014


By Franz Fischer, Oakland, California

We, the Mapuche political prisoners in Angol prison, who are currently on hunger strike, declare the following:

1._ We reaffirm our position of being on hunger strike, affirming our decision to go on till the end or until our demands are resolved by the government.

2._ Up to this day Wednesday, April 16th, we have had a significant drop in weight from when we started our action on April 7th as we now inform you: 

LUIS MARILEO CARIQUEO 87 kilo and 100gr - Currently 78 kilo and 900gr. 

BERNARDO LICAN MELINAO 91 kilo and 100gr - Currently 85 kilo. 

 LEONARDO QUIJON PEREIRA: 56 kilo and 100gr - currently 50 kilo and 600gr. 

CRISTIAN LEVINAO MELINAO: 78 kilo 300gr - currently 72 kilo and 200gr.

3._ We call on all communities and social organizations that have consciously been supporting our movement to respect the structure of work we have as Mapuche political prisoners alongside our spokespersons, also leaving freedom of action to the  communities in resistance and social organizations to take action as they see fit to support our action, but respecting the work of our spokespersons.





Monday, April 7, 2014

Mapuche Political Prisoners begin hunger strike in Angol Prison

Public Statement
April 6, 2014 

Angol Prison, to the local, national and international public opinion, we present the following:

As Mapuche Political Prisoners we will begin a hunger strike starting this Monday April 7, 2014 and of an indefinite character, demanding the following:

Kiñe- Demanding the revision of the sentence regarding Luis Humberto Marileo Cariqueo, Cristian Pablo Levinao Melinao, Leonardo Quijón Pereira while at the same time questioning the use of protected and anonymous witnesses, in each of the sentences carried out, with the anti-Mapuche Prosecutor Luis Chamorro Diaz, because in that process we had no access to a fair defense, as all arguments considered by the judges were based on setups and the use of faceless witnesses by the public prosecutor.

Epu- Demanding immediate transfer to the center of education and work (CET) of Angol, since this request was agreed and signed in at least three previous strikes, also taking into account the various international treaties signed by the Chilean state, as is the ILO Convention 169, also for our culture, attachment to mother earth and our community and our family. 

Küla- Demanding humanitarian pardon regarding our peñi Jose Mariano Llanca Tori, because our peñi suffers a disease of terminal character as was confirmed by a private physician and the doctor of the prison itself, given the short life expectancy of our peñi, who therefore also takes part in our strike. 

Meli- We call on the communities in resistance to have no links of negotiation with the incumbent government while our request as Mapuche Political Prisoners on hunger strike are not resolved and as was agreed with all Lof in resistance to support this mobilization, from Malleco, Cautin and Arauco. An agreement reached on April 5 in a Nguillaumawun in Angol prison.

Kechu- Demand of the government of the day, especially of the regional government, that its asking of  forgiveness from the Mapuche People, comes with actions and not just words and to no longer criminalize our Mapuche Nation.


Monday, January 13, 2014

PUBLIC STATEMENT by Jaime Marileo Saravia, of the Mapuche community in resistance Boyen Mapu of Ercilla

I Jaime Marileo Saravia, of the Mapuche community in resistance Boyen Mapu in Ercilla, declare to the Mapuche nation and the national and international public opinion, the following:

On Tuesday January 14, 2014, starts the trial where I am unjustly accused of armed robbery, as a new setup which was created by the Anti-Mapuche Fiscal Luis Chamorro, where the Administration and the Government of the Region IX have adhered without any evidence that truly accuses me of the facts.

I denounce that this accusation which falls down on me, is nothing more than a political persecution by the Chilean government and the big businessmen of this country, in response to my decision that I have taken as Mapuche to fight for the liberation of our territory from landowners and international corporations.
For the foregoing reasons, I call on the Mapuche people and social organizations, and on those who believe that the struggle of the Mapuche people for the recovery of the water and the territory is not something that concerns only to us, to join me on Tuesday, January 14, 2014, at 9.00 hrs. in the Oral Criminal Court of Angol, to see together how the setups created by the prosecution fall to pieces again.

11 - 01-2014

Saturday, January 11, 2014


To all communities in resistance, the entire national and international public opinion, organizations that support our struggle for reclaiming ancestral lands and autonomy, I, Gabriel Valenzuela Montoya, Mapuche Political Prisoner of the community Wente Winkul Mapu, unjustly condemned by a political setup, denounce that once again the NATIONAL SERVICE FOR MINORS, has violated my rights:

Kiñe: That a week ago I requested respectfully of the management of this Center:
- To authorize me to consume
mate daily and with the visits that I receive.
- That I get authorization to receive silverwork materials and tools donated by a representative of the Jesuit Catholic church, to learn a trade (Mapuche silverwork), with the possibility that a lamgen can come to teach me the art.
- To maintain the professional who has been with me since my entry, because SENAME wants to replace her with a person I do not know and in whom I have no confidence, and this person is not interested in my culture's worldview.

Epu: SENAME has given me no response or outcome of the complaint of abuse I was the victim of, by Mrs. Lorena Kaechele, who last summer was the technical chief, and is now awarded making her the director of the center.

Küla: That on January 8 students from a university in the city of Santiago were forbidden to visit me outside the regular hours without giving any reason, so they had to wait for long hours to enter, which had never happened before. This shows a lack of consideration and flexibility for those who with effort come to see me, so SENAME is isolating me from people coming to give me their support and energy in difficult moments for me because my legal issues still have not been cleared.  

Meli: Thus, the state through its institutions intends to break my spirit, not respecting my cultural customs, and again putting up various obstacles for activities that allow me to resist this unjust imprisonment. SENAME says to look after the conditions and rights of young people, but all it does is to keep me locked up looking to terminate my spirit. 

Kechu: I publicly denounce the Director of this center (Lorena Kaechele) and the Regional Director of SENAME (Claudia de la Hoz) for their racist behaviors and decisions, without arguments for reasons behind their actions, just revealing their lust for power over the integrity of any person. 

For all of this I ask the support of all individuals and organizations, to join in the fight to end the discrimination, violations and abuse that affect me and that may in the future affect other peñi facing the repression and persecution of the Chilean state.

I, Gabriel Montoya Valenzuela,
young Mapuche Political Prisoner, say goodbye from juvenile prison, with my head always held high and my hands clean. 


Friday, January 10, 2014

Mapuche Leader Daniel Melinao Absolved of All Charges for Alleged Murder of Chilean Police Officer

January 9, 2014

The Criminal Court of Angol absolved Werken Daniel Melinao of the charges that accused him of Sergeant Hugo Albornoz’s murder in April 2012, during a violent raid in the Wente Winkul Mapu Community in Lof Chekenko. Mapuche community members gathered outside the court house to carry out a ceremony.

The decision was presented this morning after reading the verdict. The verdict was divided, two against one, in which the judges could not sustain the absurd set-up that was raised by the prosecution together with the Interior Minister to punish the struggle of Went Winkul Mapu.
We are now awaiting a rebuttal on behalf of Anti-Mapuche Prosecutor, Luis Chamorro, to have the case appealed to the Chilean Supreme Court, or have the trial annulled all together.
Daniel Melinao was charged as the co-author in the murder of GOPE Special Forces Officer Hugo Albornoz, in which young Eric Montoya, remains as the principal accused. Eric had to go underground (before he knew about being charged in the homicide case) after being convicted of charges relating to the reclamation of Mapuche territory, occupied by settler and entrepreneur, Juan de Dios Fuentes; as well as the constant harassment he and his family had suffered by the Prosecution.
According to the Prosecution, Eric Montoya had received ammunition from Daniel Melinao. However, since the case against the Werken in the murder of the Sergeant could not be proven, the second case could also be potentially dismissed by the Courts. This moreover strengthens the arguments made by the Wente Winkul Mapu Community, in that the death of the Sergeant was caused by friendly fire; in other words, by another police officer.
The Prosecution was asking for a 20 year sentence for first degree murder of a Police Officer, solicited a sentence of 10 additional years for attempted murder of other police officers during the events that took place that day, as well as a year for misdemeanor. Daniel Melinao was absolved of all charges and subsequently set free to reunite con his family and return to his community. 

Thursday, January 9, 2014



Faced with the unfair and discriminatory sentence of three years 15 months determined last November 19, 2013 by a Chilean court against our community member JOSÉ ANTONIO ÑIRRIPIL PÉREZ, imputed in the year 2009 under the Anti-Terrorism Act, as a minor, for an alleged attack on the Estate Brasil, we, as the ÑIRRIPIL PÉREZ family of LOF MUKO denounce:

1) The false accusations made ​​by the prosecution to the community members of our Lof, of having carried out terrorist attacks against estates in the area, that are the culmination of a long and sustained campaign of repression and persecution initiated after the just demands for the recovery of our ancestral territory. Thus, the State of Chile maintains the criminalization as a repressive strategy against our political and territorial claims, applying the Anti-Terrorism Act as a way to undermine our procedural rights and deny our access to justice, as demonstrated in this first sentence.
2) In 2010, after a prolonged hunger strike where José Antonio and other prosecuted community members of our Lof participated, the Chilean state pledged internationally the inapplicability of the Anti-Terrorism Act against minors. However, José Antonio Ñirripil was charged in 2009 as a teenager, prosecuted as such, and sentenced on November 19th having as SOLE PROOF the statement of a witness with protected identity who acted under the guise of paid informers, only made ​​possible by a special law like the Anti-Terrorism Act. This witness acknowledged even to having been drunk at the time of participating in the alleged attack against Estate Brasil. Therefore, we denounce the failure of the Chilean State to comply with the national and international law, violating our most fundamental rights and procedural guarantees.
3) We denounce the biased and racist attitude of the judges who formed the subrogation of the Oral Tribunal that condemned our community member so arbitrarily and with a weak and induced proof. The presiding judge, Judge Mauricio Torres Contreras, having functioned first as a Prosecutor, was in charge of cases of persecution against Mapuche in 2006 [1], the judge Viviana García Utreras was banned in 2010 as a Judge of Warranty by the Court of Appeals of Temuco in the trial against 7 Mapuche community members [2], and the judge Francisco Boero Villagran, appears in 2006 as a plaintiff attorney for Forestry Mininco in trials against Mapuche community members in the region of Ercilla [3]. To this we add the lack of specialization of these judges in the application of the law in cases where minors are judged. [4]
4) For all these reasons we denounce the State of Chile for breaching its international commitments and the recommendations made ​​by UN rapporteurs on the rights of indigenous peoples and human rights in relation to the implementation of the Anti-Terrorism Act as a way to criminalize and prosecute our territorial claims, and we also emphasize how the Chilean government continues to implement this law of exception against Mapuche minors through the use of evidence like the protected witnesses and paid informers.  

5) We also denounce the discriminatory and racist actions of the State of Chile against our community members, criminalizing our fair territorial claims and maintaining against our communities a violent and repressive action, preventing our access to justice and the exercise of our rights and causing serious psychosocial consequences in our communities and our children, women and elderly. In the particular situation of our family, we have suffered persecution, discrimination and stigmatization of all our members, with particular emphasis on the severity of impact and traumatization of our children and the abuse and torture José Antonio was subjected to, BEING A MINOR, during arrests by the Police Department, added to the long period of incarceration in the CIP of Chol Chol, as a detention center for adolescents. At this point should be considered the severe psychological consequences caused by the preventive detention, which constitutes a form of deprivation of freedom.

Therefore, we call on the national and international civil society to demand that the State of Chile fulfills its commitments on the human rights of the Mapuche people and to speak out regarding the request for revocation filed with the Supreme Court, whose decision will be read next January 9, 2014. We emphasize that this new and unjust condemnation of our community member José Antonio Ñirripil Pérez, tried as a minor, also makes us distrust the effective implementation of procedural safeguards in the coming trials against our community members tried as adults.