English translation of the 2012 CECT Report. (Done by José venturelli) Chile’s Ethics Commission Against Torture, (CECT by its Spanish name) has presented to the Chilean government, to the public, civil society and worldwide Human Rights Organizations its 2012 Report on the State of Chile’s Human Rights, also named "Torture is the Fear of Ideas of Others". [Original can de downloaded from http://www.contralatortura.cl, the Site of Chile’s CECT] On the the chapter dedicated to the “Repression and violence against the Social Movement” the 2012 Report denounces that by early June 2012 Chile recorded a total of forty (40) Mapuche political activists convicted or charged by the justice system. Of these, nine are actually undergoing effective political imprisonment in jails. (By June 31, 2012 though, in Angol there are 12 mapuche political prisoners (MPP’s), as a few additional detentions were made and 6 others have been detained since the early figures) During this period one Mapuche political prisoner, who was in the jail of Temuco, committed suicide 1. To these facts should be added that on June 27, the Court of Appeals of Temuco put under custody two Mapuche people from a community, bringing the number of detainees under effective imprisonment to 11 (just after the publication of this report, made by Editorial Quimantú and launched at a ceremony held on 26 of June, International Day in Support of Victims of Torture). Pressure from human rights organizations both internationally and nationally, the hunger strikes of 33 Mapuche political prisoners and the amendment of the anti-terrorism law after the hunger strike in 2010, have led to a change in the forms of punishment imposed by the State on the Mapuche social activists. These, for the time under discussion, significantly reduced the number of Mapuche living in prison. Granting interim measures still restricts freedom but avoids detention and continues to increase acquittals, yet the State established massive repression, expressed in raids against communities demanding their rights. These raids are conducted with Special Forces militarized Police. Long prison sentences for members of the Coordinadora Arauco Malleco (CAM) were issued by the Supreme Court on June 2011 on the basis of evidence provided by anonymous witnesses (allowed only under anti-terrorism law trials). This contained an eloquent message to the rest of the organizations and communities in struggle. On May 2012, 40 Mapuche social activists serving sentences or awaiting trial on charges related to the recovery of ancestral lands, were again accused with support of secret witnesses outside the criminal law. This type of illegal procedures were applied also to other sectors of the Chilean population struggling for their rights. Lawyer Lautaro Loncon, who commented on this report in the Aula Magna of the Universidad Alberto Hurtado on 27 June, did not 1 (Note of the Translator - NofT: In 2009, at the start of the Cañete trials, where protected witnesses were used to accuse them without the right to counter interrogation by their lawyers, tehre were 18 PPM’s. They were under continuous harassment. One young prisoner not able to support the pressure made by the Government and the judiciary system committed suicide,. The use of the Anti-Terrorist Law (LAT in Spanish), part of the currently inforced Constitution, made under Pinochet’s dictatorship, allows preventative detentions from up to 2 years, and renewable. Trials can be postponed for years under the LAT while prisoners remain in jail) 1 hesitate to characterize the Chilean state as racist and, in particular, referred to the judges and public prosecutors and police that in their professional practice they flaunt such behavior without any significant reaction from society or from other branches of government.2 Next, we provide the details of the type of punishment in use by the State to those involved in activities related to their demands for their ancestral lands. These lands are currently in the hands of major forestry companies, namely Arauco and Forestal Minico. Men under effective prison Convicted political prisoners who receive some inprisonment benefits Women + men detined with interim relief (usually house arrest and limited range of movement) Total convicted and charged people Suicided while in jail of Temuco (*)) 11 6 24 40 1 (*) Antimil Llevul Lorenzo, 40, was arrested on January 22, 2012 and charged by the Attorney General as the author of several outbreaks of fire that destroyed a forest sector at Conoco Chico, Cholchol, in the Araucania region. Llevul Antimil was captured by the civil police (PDI) on the basis of accusations made by members of the community to which he belonged. He committed suicide in prison in Temuco on March 3, 2012. List of Mapuche political prisoners (by detention centre) Angol Prison, Los Confines (Region of Araucania) 1. Jonathan Mendez Huillical Sady (originally from Villa Icalma, Lonquimay). Sentenced to eight years in prison in the Supreme Court judgment in June 2011. It replaces the one issued at the Cañete trial and supports the use of protected witnesses, typical of the antiterrorism law, including other illegal procedures. This case is before the Interamerican Court of Human Rights, pending aceptación. At the time of his arrest, on April 11, 2009, he was a student. He was considered member of the Community Yevilao Esteban Puerto Choque, Tirúa. 3 2 NofT: The sentences, initially, went up to 115 years for the leader, Hector Llaitul, and over 50 for the others. Appeals made for the annullment of the trials on the basis they had violated completely the norms of Due Process: mounted evidence and proven tortures were used to obtain confessions, yet both Courts (of Appeals and Supreme Court) rejected the appeals made. Although the sentences were given for shorter terms, the Supreme Court used exactly the same lack of evidence, confirming this trial’s obvious undue process. The referred behaviour consists in total disregard for formal democratic practises. Recently, after the release of the CECT report, the Chief national Prosecutor, Mr Sabas Chahuán, indicated that armed represion of mapuche communities by private military organizations, outside of the armed forces or police, “was acceptable and in keeping with the current judiciary organization of the country”. These statemen, of course, icall for further violence against the Mapuche people who are demanding that Covenant 169 of the ILO be applied and respected. (http://derechoshumanosyjusticiaparatodos.blogspot.ca/2012/07/el-aparato-represivo-y-el-ministerio.html ) 3 NofT : Jonathan Huillical was detained and submitted by the Civil Police (PDI) to torture, both physical and psychological in Temuco, and during his transfer to Concepcion. Then, he was forced to sign a confession which was untrue. This “evidence” was accepted by the Tribunal and the Courts, including the Supreme Court. 2 2. Ramón Esteban Llanquileo Pilquimán. Community Esteban Yevilao Puerto Choque, Tirúa. Sentenced to eight years in prison by the Supreme Court judgment (June 2011) that replaced the one issued in the Cañete trial. The Supreme Court still supported the use of protected witnesses, typical of the antiterrorism law, including illegal procedures. His case is also before the Interamerican Court of Human Rights, pending acceptance. Arrested on April 11, 2009. 3. Héctor Javier Llaitul Carrillanca. Leader of the Coordinadora Arauco Malleco. Sentenced to 15 years in prison by the Supreme Court ruling of June 2011 that replaced the one issued at the Cañete trial (NofT: 103 years) and supported the use of protected witnesses, typical of the antiterrorism law, including illegal procedures. The case went before the Interamerican Court of Human Rights, pending acceptance. Arrested on July 15, 2009. In 2008 he had been acquitted in a trial for harsoning. Convicted of attempted murder against Public Prosecutor Elgueta, and other charges 4. (The four above-mentioned prisoners, members of the Coordinadora Arauco Malleco of Communities in Conflict, held in 2011 a hunger strike for 85 days as they had appealed for the annulment of the Cañete judgment as well as for the prohibition of the use of the Anti Terrorism Law - LAT). 4. Daniel Levinao Montoya (18 years old) Community Wente Winkul Mapu (Chequenco area, Municipality of Ercilla). He was arrested on November 2, 2011. He spent 7 months for the preparation of his oral proceedings at the Guarantee Court of Collipulli 5. Prosecutor Chamorro asked for12 years of sentence and 800 days in prison: the charges were: illegal carrying a conventional firearm; repeated attempted murder against police; repeated attacks against a logging company’s vehicles; shooting at a police helicopter from which General Bezmalinovic headed the operation, and against the general himself. The prosecutor stated “the gun had jammed (gauge 22) at the time of shooting”. 5. - Bernardo Montoya Melinao, Community Wente Winkul Mapu, Chequenco area, Ercilla; arrested on April 2, 2012. He was formally charged for failed attempted murder of a police officer during a police raid carried out at the community as they responded at that time to an attack on farmer Juan de Dios Fuentes, held in October , 2011. In this raid, another policeman was killed by "friendly fire" as reported by the villagers, but by hooded people in an ambush, according to the official version. Montoya was arrested minutes before the death of Sergeant Hugo Albornoz BEPGs. The case is under investigation. 6. - Paulino Levipán Coyan, Community Wente Winkul Mapu, Chequenco area, Ercilla. Arrested on November 2, 2011. [ NofT: Detained at the same place and time of Daniel Levinao. Like him 4 NofT: Hector Llaitul had been acquitted in two previousn trials for the same reasons yet, he was, eventually condemned this time. He was aquitted by the Military Justice and the Civil Court. As the General Attorrney and the Governments approach is to keep them in a revolving door process, they keep detaining them as they do not accept to have political opponents. He was, once more, arrested making use of the LAT. This a common feature to other people who have been acquitted more than once. Yet, the Prosecutor’s persistence paid off. Without any additional evidence and using a great number of illegal manipulations violationing the essential Due Process, they managed to have these prisoners condemned. Still he could not show a single lesion from the alleged attack. 5 [NofT: At time of his arrest he had been personnally beaten while handcuffed, by General Ivan Bezmalinovic., Chief of the militarized police of the Araucania. His long detention likely was to avoid the numerous facil lesions he suffered at the time of his arrest.] 3 Trial preparations have not been dated as yet at the Guarantee Court of Collipulli. Prosecutor Luis Chamorro asked 15 years and 800 days for illegally carrying a conventional firearm; for repeated attempted murder against police; for repeated attacks against a logging company’s vehicles; shooting at a police helicopter from which General Bezmalinovic directed the operation, and against the general himself.. he was also beaten by General Bezmalinivic when he was handcuffed] 7. – Camilo Tori Quilinao, Community of Temucuicui, arrested on Saturday May 12, 2012, was formally taken to the Angol prison for robbery with intimidation, illegal possession of weapons (shotgun and knife) and for the charge of receiving during some events at the Pailahueque Liceo, Municipality of Ercilla, 15 kilometers from its Community. Camilo was, though, at that time, under house arrest since January of this year after spending two years in jail accused of terrorist offenses (known as the Toll Quino case) and had participated in the hunger strike of political prisoners held in 2010. 8. - Omar Huenchullan Cayul, Community of Temucuicui , sentenced to 5 years prison and since he has done more than half of them he expects that prison benefits will make him to obtain his freedom. He has been over 4 years in prison on charges of violent usurpation, conspiracy, hitting police at work during events of 2007 while attempting to recover disputed lands currently occupied by tenant farmer René Urban. (NofT: Rene Urban has continuous on site militarized protection with buses, trucks, dogs and armoured vehicles. This includes a landing site for a police helicopter used for surveillance and attacks on these communities. Personnel in these sites are members of Chile’s militarized police. Urban himself is often involved in attacks against the Mapuche people, on the roads with help of these policemen.] 9. - Rodrigo Melinao (Loloko community of Ercilla) arrested in February 2012 while working as a seasonal agricultural worker in the Region of O'Higgins. Taken to Collipulli where he was formally charged on charges of attempted murder to police, damage to a busand-setting arson to a forest in Cautín (sector Requén-Chiguaihue in Ercilla). (The reported fire occurred on October 28, 2011). He is also accused of attacking a water tank truck of Forestries Cautín. The Court of Appeals ordered on the June 27 his pre-trial detention, revoking his parole ordered before by the Collipulli judge. 10. - Hector Melinao Neculpan, community Folil Mapu, Ercilla: he was arrested in a police raid in late June: his charges were charges provided only by a secret witness. He was formalized on charges of attempted murder and arson. The Temuco Appeals Court ordered on June 27 his detention, revoking his provisional freedom (parole) ordered before by the Collipulli judge. Lebu Prison (BioBio Region) 11. – José Santiago Huenuche Reiman (District of Cañete). Sentenced to eight years in prison at a Supreme Court judgment made in June 2011, which replaced the one issued in the trial in Cañete (NofT: and for which an Appeal for annulment had been done). The Supreme Court supported the use of protected witnesses, a typical feature of the Antit -Terrorism law, including other illegal procedures. His case is also before the Interamerican Court of Human Rights, pending acceptance. Detained since April 11, 2009. In May he was granted prison 4 benefits by the Court Oral Cañete (Sunday’s release) He was for years in remand but this benefit had been suspended because the prisoner refused to provide blood samples for DNA testing that were required by the Prison’s administration. [1 ] The regional director of the Prison, Eleuterio Cofré, is accused by relatives of Mapuche political prisoners as responsible for insisting on this approach, already dismissed by the Court of Appeals of Temuco in a similar action, presented by Lorenzo Curipán. Political Mapuche detainees currently released, on precautionary measures, pending trial 1. - Juana Montoya Levinao from the Wente Winkul Mapu Community, Chequenco area, arrested on April 2, 2012, formalized by possession of a firearm. The case is under investigation. 2. - Miguel Angel Tapia Huenulef (Santiago) After more than two years on remand (preventative imprisonment) in 2012 obtained the injunction. Arrested on February 11, 2009, accused of arson, frustrated murder attempt and injuries of a terrorist nature; theft and simple arson (Fundo San Leandro, Lautaro, 12 January 2009). He is also accused of possessing weapons and explosives. 3. - Javier Esparza Levinao, Loloko community, formalized with precautionary fortnightly signing injunction for arson charges in the Chiguaihue sector (October 28, at the Cautin Forrestries, in the sector of Rekem, Province of Cautin); he is also charged of frustrated murder attempted against police and damages. Protected witnesses were used by the prosecutors to support the charges. 4. - Michael Carbone Queipul, (23 years) community werken (spokesperson) of the Ignacio Queipul Community, Temucuicui. Has an interdict injunction from leaving the area of Collipulli - Ercilla. He voluntarily reported to the court on December 5, 2011 to be formally charged for receiving stolen animals, threats to police and attempted murder to the police. The prosecutor Miguel Angel Velasquez requested a sentence of 15 years. (NofT: His “threats” were a reference he had made that the continuous attacks made by the militarized police, as part of their “dirty war” against the Mapuche people, will eventually lead to a logical and normal reaction of resistance from the Mapuche people) Prisoners charged by events that occurred at Brazil Farm: 5. - Eliseo Epfain Ñirripil Cayupan: His trial was postponed again in March 2012. It is in preparation for terrorist. Arrested on January 17, 2010, at Mateo Ñirripil Community, Lof Muko, commune of Lautaro. Accused of arson and theft at the Brazil farm, property of Elsa Fernandez (which occurred on September 11, 2009, in the Municipality of Vilcún). 5 6. – José Ñirripil Perez: His trial preparation was again postponed on March 2012 as part of a labelled terrorist crime. Arrested in October 2009, at the Mateo Ñirripil Community, Lof Muko. Similar as charges against Eliseo Ñirripil. 7. - Elvis Millan Colicheu: His trial preparation was postponed again on March 2012 for charges of a “terrorist crime”. He was arrested on December 3, 2009, at the Mateo Ñirripil Community, Lof Muko, Lautaro. Defendant is also accused of common arson and theft with intimidation at the Brazil farm (September 11, 2009, Vilcún). 8. - Cristian Cayupan Morales, MINOR, on March 2012 his trial preparation was postponed for a terrorist crime. Arrested at the Mateo Ñirripil Community, Lof Muko, on November 27, 2009. His charges include: arson, attempted murder and injuries of terrorist nature., Besides, charges of simple theft and arson. (Fundo San Leandro, Lautaro, 12 January 2009). Stayed at Chol-Chol’s prison for minors for more than a year. 9. - Job Morales Ñirripil, in March 2012 his trial preparation for a labelled terrorist crime was postponed. These would have occurred at the Mateo Ñirripil Community, Lof Muko. He is accused of common fire and theft with intimidation at Brazil Farm (September 11, 2009, Vilcún). Charged with land grabbing in Trafun 10. - Manuel Reinahuel Callicul (He is the Lonko at Reinahuel community of Trafun, in the Andean territory, Region of Los Rios) Violently arrested in February 2012 and formalized by prosecutors in Panguipulli. He was accused of theft and non-violent usurpation of the Trafun farm lands, part of the Forestries Las Vertientes. Nevertheless, the community people had been authorized by police check the status of the nguillatue (i.e., the place where a ceremony, called Guillatun, is usually performed) in the Community of Trafun. The injunction is prohibition to approach the manager of that farm and his family. 11. - Juan Reinahuel Reinahuel (werken of the Reinahuel community). His case is similar to Manuel Reinahuel’s case. 12. - Francisco Hueitra Reinahuel (commoner at the Reinahuel community). His case is similar to Manuel Reinahuel’s case. 13. - William Colipán Queupumil (commoner at the Reinahuel community). His case is similar to Manuel Reinahuel’s case. 14. - Aliro Reinahuel Reinahuel (commoner of Reinahuel) His case is similar to Manuel Reinahuel’s case. People charged with simple arson of a road toll on Quino (October 11, 2009) Charges are of conspiracy and attempted murder. The Temuco Appeals Court on May 2012 confirmed the ruling made by Judge Evelyn Zelaya, from Victoria, that during the preparation of the Oral trial about arson of the Quino Road Toll, Prosecutor Miguel Angel Velasquez was refused to participate at the trial. The reasons 6 were contempt to Court. The same refusal was made to concessionaire of that Road toll in the Araucania Route. This was based on the prosecutor’s refusal to remove the term terrorism for the charged crimes: the judgment will only be for charges of simple fire. During the three years of investigation for the trial the prosecutor had prepared a great amount of forged “evidence” which was dismounted on this occasion. The protected witness accusing them (Raul Castro) has been involved in drug trafficking and has a police record. The following community members (besides Camilo Tori who is in prison) are Expecting the Oral Trial’s date which is to be held in Angol: 15. – Juan Patricio Queipul (CHILD, 15 years, from Temucuicui Community). Arrested in April 2011 in a violent police operation after living more than a year in hiding. 16. - Victor Hugo Queipul Millanao, son of Victor Queipul, Lonko of the Temucuicui Community. Arrested on October 11, 2009. 17. - Jose Eugenio Queipul Huaiquil (Community Temucuicui) 18. - Felipe Huenchullan Cayul, Community Temucuicui, arrested on March 21, 2009. 19. - Juan Huenchullan (Temucuicui community) appeared voluntarily in November 2011, spent two years in hiding. He was released. 20. - José Osvaldo Millanao Millape 21. - Luis Marileo Cariqueo (Minor), José Guiñón community. Sentenced on April 2012 to 301 days in jail overnight and fined $ 400,000 (about US$900) for having stolen a cell phone from a protected witness living in his community. The defense has requested the annulment of that sentence as the theft occurred on July 2011 while Luis Marileo was serving a house arrest for charges related to Quino Road Toll. The Supreme Court had to intervene in order to that he be given parole by the Temuco Court of Appeals. He had been arrested by Special Forces on April 13, 2010, while attending school at the Vocational Technical High School in Pailahueque, Municipality of Ercilla. 22. - Ernesto Cayupan Meliñan 23. - Jorge Mariman Loncomilla: In February 2011, the Temuco Court of Appeals upheld the injunction of partial house arrest. He was arrested on December 29, 2009. He is the son of Machi (Medicine woman) Adriana Loncomilla and Lonko (Chief) José Cariqueo, from the José Guiñón Community. 24. - Ailio Pereira, former Lonko of Trapa Trapa in Alto Bio Bio Region. He is on trial for land usurpation that are curently part of a legal action filed by a private individual, Hugo Vasquez. No trial date has been indicated. 4.3 Prisoners with sentence and benefits Two cases relating to Convention 169: 7 1 - Waikilaf Cadin Calfunao (son of Lonko Juana Calfunao) from the Juan Paillalef Community, in the Municipality of Cunco. He was detained on 13 May 2010 at a rally in Temuco. This was a mounted accusation that indicated that “he would have been making bombs”. He was sentenced to four and half years in prison for an alleged violation of the Arms and Explosives Act and his counsel, attorney Lorenzo Morales requested a mistrial for the irregularities that occurred in the process. In response to this request, the Court of Appeals of Temuco decided to change the sentence, calling Covenant 169 of the ILO that the sentence be fulfilled in freedom. The judgment of replacement issued on April 25, 2012, states that, as stated in the Convention No. 169 ... "it should be given preference to types of sanctions other than imprisonment in the case of Indigenous people. In order to establish, alternative to penal criminal enforcement, convictions such as probation would appear as proper indictment for effective rehabilitation and resocialization of the sentenced. For these reason be the execution of the sentence on Waikilaf Antonio Cadin Calfunao suspended granting him the benefit of probation. He is to serve a five year period of treatment and observation as a sentence, and must comply with other relevant conditions stated in article 17 of Law 18,216. "[2] 2. - Joel Paillama Reiman, Hueico Community, Municipality of Lumaco. In an abbreviated trial conducted in the Court of Guarantee of Traiguén he was sentenced to 541 days in jail which he was to serve as nocturnal imprisonment for the crime of a forest fire. On August 2011, the Temuco Court of Appeals supported an appeal made by the Head of the Mapuche Judiciary Defender, Lawyer Ricardo Caceres Setien, allowing him to serve the sentence in freedom but confined to his community. Defense lawyer Ricardo Caceres argued before the Court by appealing Article 10 No. 1 of the Covenent 169 (of ILO) concerning Indigenous and Tribal Peoples, which states that "when imposing penalties laid down by general law on members of these peoples these should take into account economic characteristics, social and cultural rights". The defense showed the difficulty for the defendant to serve his sentence: There are 30 km between his community and the city of Traiguén where he would have to travel daily, with a high cost in transportation. 3. - Roberto Carlos Saavedra Painevilo, werken(Spokesperson) at lof Mawizache: He was given a postponed sentenced for one year, during which time he is to sign monthly. He was tried at the Guarantee Court in Pitrufquén for an action of road transit obstruction made in 2011. 4. - Luis Hernan Millacheo Ñanco, Community Newen Mapuche at Chequenco, Ercilla. He is serving his sentence in the community with precautionary measures, condemned for setting up on fire a truck of Forestries Mininco. This will last for five years and one day. The trial was conducted in the city of Angol, on March 10, 2009. 5. - Daniel Huentecura (CommunityHuenchual Currihual, sector Taife, Carahue). Meets monthly signature injunction sentence for 541 days in prison for the crime of arson and 300 days for microtrafficking, issued on April 13, 2012. His trial was an abbreviated one and the Guarantee Judge Mauricio Torres conducted the proceedings. The accused, whose family 8 has reported constant intimidations, accepted the charges of involvement in setting fire to a truck on the road between the cities of Nueva Imperial and Carahue; and of possession of more than 100 grams of marijuana in his home. The sentence was made by Prosecutor Cristian Voullieme. His arrest occurred on April 8, 2011. Daniel Huentecura is first cousin of Julio Huentecura, Mapuche political prisoner who was killed in October 2004 while he was under preventative custody, a fact that affected the entire family. 6. - Lorenzo Alex Curipan Levipan. The Angol Oral Trial Court sentenced him to five years and one day in prison for arson, in lands of Forestries Mininco 6, which occurred on October 26, 2009. Multiple Appeals made to the Court of Appeals in Temuco and to the Supreme Court have been repeatedly denied (October 2010). Also, he was repeatedly denied Conditional Freedom (parole) by the authorities, a benefit he was able to obtain only in May 2012. He was forced to file an appeal before the Court of Appeals to prevent him from having mandatory drawing of blood for DNA samples. This was done under the excuse that they (prison authorities) needed them to grant him access to prison benefits. He was incarcerated since October 26, 2009. He belongs to the Rankilko community that has carried out his defense and continues to maintain that he was convicted as a result of a police set up. 4.4 Judgment fulfilled Roberto Manquepi Vita, Butalelbun Community, Alto Bio Bio, served his sentence of five years and a day, plus a fine of 11 UTM 7, November 15, 2011 . He was in prison for participating in the recovery of ancestral lands of his community, which was described by Chile’s Justice as "robbery." Theft refers to his participation in the recovery of summer pastures for their cattle on their ancestral land, the Cochico farm, usurped by settlers. He also attended the turf disputes of Queuco Valley. 6 Most lands attributed today to Forest companies (Forestries Mininco is a large one) are disputed lands as the Mapuche people had been deprived of their ancestral lands following violent occupations and followed by “legal transfers” to these companies. This is the source of a large amount of conflicts. Land recovery is one of the largest demand by Indigenoues people. They are also supported by many United Nations Agreements. 7 On July 2012 the value of 1 UTM is Chilean pesos$39689 i.e., 11 UTM = chp$436,579 or about US$1,000. This amounts approximately to 6 months of the total average income of a Mapuche family. The minimum wage in Chile is chp$193.000 per month: Mapuche families, on average, earn about 50% of that figure. 9