ENGLISH FILE- letters and press release

20

PUBLIC DECLARATION

In Temuco, on January 19, 2011, the institutions and organizations of human and social rights that formed a part of the Mission of Observation to the Center of Provisional Internment and of Closed Imprisonment of Chol Chol (CIP-CRC), in the Region of The Araucanía, declare that:

The above mentioned Mission of Observation aimed to appeal to institutions of human rights, childhood, indigenous peoples, and social organizations, to adopt the situation of three young Mapuche persons charged by the Antiterrorist Law in provisional internment in the above mentioned center.

It is important to note that J.Ñ.P was released with house arrest on Friday, the 14th of January, 2011, and C.C.M., was also released today with house arrest.

Nevertheless, L.M.C., with whom the Mission of Observation conducted an

interview, remains imprisoned in this center of provisional internment.

The Mission of Observation was coordinated by Foundation ANIDE (Fundación

ANIDE) and the NETWORK of NGOs of Infancy and Youth – Chile (Red de ONGs de Infancia y Juventud de Chile). They took part in the mission, along with the coordinating organizations the National Institute of Human Rights (Instituto Nacional de Derechos Humanos), Civil Observatory (Observatorio Ciudadano), NGO Liberar (ONG Liberar), Center of Mental Health and Human Rights CINTRAS (Centro de Salud Mental y Derechos Humanos CINTRAS), Corporation Option (Corporación Opción), NGO La Casona de los Jóvenes (ONG La Casona de los Jóvenes), National Indigenous Pastoral Commission of the Episcopal Conference of Chile (Comisión Nacional de Pastoral Indígena de la Conferencia Episcopal de Chile), Committee Bishop Oscar Romero (Comité Obispo Oscar Romero), Group of Political Ex-prisoners of The Araucanía (Agrupación de ex Presos Políticos de La Araucanía), Ethical Commission Against the Torture (Comisión Ética contra la Tortura) and Center of

Studies Simón Bolívar (Centro de Estudios Simón Bolívar).

In the interview with the Mission, L.M.C. claimed to have been arrested April 13, 2010, by unidentified civilian personnel while in class at the Liceo de Pailahueque studying in 11th grade (third year in secondary school), and taken to an unidentified white vehicle, where he was brutally beaten and insulted.

The participating institutions of the Mission qualify the humiliating treatment, used by the police institutions and described by L.M.C., as torture; in addition to beating L.M.C., the police continuously insulted him and interrogated him irregularly about the whereabouts of other Mapuche community members supposedly involved in the so called “Mapuche conflict”.

The participating institutions also manifest their concern about the slow development of the process that is being applied to indict L.M.C. With regard to the process, it should be mentioned that the investigation stage was already closed four months ago, in September, 2010, without a date having been set for preparation of the oral proceedings.

L.M.C. also manifested his helplessness for the injustice to which he is subject, on having been charged by the Antiterrorist Law, the reason he remains held, and for being subject to procedures that do not respect the due process, the only proof against him being the testimony of a protected witness. Because of this situation, he is showing depressive symptoms, with variable mood, irritability, emotional fragility and perplexity. In spite of this, L.M.C. expresses his will to withstand with a high psychological cost, according to the diagnosis of the specialists of the Center of Mental Health and Human Rights CINTRAS, who formed part of the mission.

Another relevant aspect is the extreme concern for his family, composed of his mother and seven brothers, based in the Community Cacique Jose Guiñón, commune of Ercilla. On the one hand, he is worried about the economic situation of his family, since his mother worked formally up until the earthquake of February, 2010, and given that, before his detention, he was a fundamental economic contribution to the family’s subsistence. On the other hand is the distance from his loved ones and his community; having had only one visit per month with them has damaged his emotional health, in spite of the fortitude shown in the interview.  Likewise, the mission echoes the concern expressed by L.M.C. on the existence of other Mapuche boys and girls in his community and other communities in the zone that today feel a justified dread of being arrested, beaten, being victims of irregular interrogations and of living through traumatic experiences similar to the ones he has lived through.  Remembering the standards imposed on the states by the international systems of

protection of the rights of children, as well as the ones raised by the United

Nations Committee on the Rights of the Child with regard to the application of the Antiterrorist law to minors, in a letter sent to the permanent ambassador of Chile in Geneva. 

Similarly, the concerns raised to the Chilean State by the Special Rapporteur on the Rights of the Child of the Inter-American Commission on Human Rights. The person who specifically refers to the violation of the articles 1.1, 2, 5, 7 and 19 of the American Convention on Human Rights, where special measures are established that the States must adopt to tend to the best interest of the child, and which also includes the unrestricted respect of the guarantees, guidelines, and principles established in instruments like the Convention on the Rights of the Child and the minimal rules of the United Nations for the administration of justice of minors, for the exercise of the penal action in case of teenagers.

In this context, the assistants to the Mission of Observation express their concern for the persistence of the Attorney General's office in invoking the Antiterrorist Law to apply to minors, in spite of the fact that it is indicated in article 3 that said law cannot be applied in these cases.

Thus, even though the Mission declares its satisfaction with the modification of the precautionary measures taken in the cases of J.Ñ.P. and C.C.M., which allowed them to be released but with house arrest, it will be on alert while L.M.C. continues to be in provisional internment and while these young persons continue being charged by the Antiterrorist Law, as it is the reality that they will have to face when the oral proceedings are carried out, given the  aforementioned insistence of the Attorney General's office.

The participants in the Mission call for a hearing be carried out as soon as possible that permits the revision of precautionary measures of L.M.C., the only young Mapuche charged for terrorist crimes who, from today, will continue in provisional internment in the Center of Provisional Internment and of Closed Imprisonment of Chol Chol (CIPCRC de Chol Chol).  We also call on the legislators to reach the necessary agreements that allow new modifications to the Antiterrorist Law that thereby correct the failures that remain in the modifications, making specific reference to the aforementioned special regulation to not

apply the law to minors in any stage of the process, during the investigation, provisional internment or the trial itself.  Finally we call on the executive to fully implement the agreements that were established after the Mapuche community members’ recent hunger strike, in which these young persons also took part.

Temuco, 19 de enero de 2011

For more information:

Ana Cortez, Coordinator Pichikeche Project, Foundation ANIDE

anacortez.salas@gmail.com / (56-9) 95743940

Carlos Muñoz, Spokesperson NETWORK of NGOs of Infancy and Youth – Chile

redinfanciachile@gmail.com / (56-9) 79086607

LETTER TO UNITED STEEL WORKER UNION- HAMILTON

Note sent to Bill Fertguson, President of Local 8782 of the United Steel Workers Union (Hamilton, Ontario (Canada)December 2010

Bill Ferguson,

* President, United Steel Workers – Local 8782

Randy Graham

* Executive Member United Steel Workers Local 8782

Hamilton, Ontario

RE: Mapuche people (Chile’s largest First Nation) continue under severe repression:  A follow up.

Dear Mr Bill Ferguson and Randy Graham,

Dear friends from Local 8782

It is with thanks and solidarity with USW Local 8782 that we are sending these lines. As you know, Chile’s largest First Nation: the Mapuche people, have suffered five centuries of repression, exclusion an imposed poverty. Since Pinochet’s dictatorship and for the 20 years post open dictatorship the Mapuche has continued to suffer repression and a form of Apartheid. In October 18 you sent a letter to the Hon. Laurence Cannon, Minister of Foreign Affairs, requesting Canada to demand from the Chilean government to uphold basic tenants of the international community related to Human Rights of First nations in Chile. You mentioned the need to specifically respect the Convention 169 of the ILO as it relates to Indigenous people, as well the UN Declaration on the Rights of Indigenous peoples.  Other people, from all over the world demonstrated their solidarity. Mapuche Political prisoners engaged in a long and heroic hunger strike which sat a clear example of civility and respect for human rights.

In spite of the widespread support, Canada did not express such requests to the Chilean government. Human Rights’ organizations failed to have an unequivocal response and action from the Canadian government in these matters. We did not receive a reply from Foreign Affairs or form the Prime Minster, The Hon. Stephen Harper, on this respect.

Allow us inform you where matters stand as of now. In spite of President Piñera having himself pushed issues that pretended to link Mapuche leaders with Colombia’s  guerrilla not one shred of evidence could be presented. The so called assault on Prosecutor Mario Elgueta, turned to be a mounted accusation against all the trialed people. Many of them have already been in prison for almost two years, again, with no evidences. The Chilean militarized police have shown to torture, destroys entire communities abuse children and to even torture them. Ample evidence of these has been presented to the Chilean Courts –where nothing is being done- and to International legal bodies, where Chile has been consistently reprimanded for its continues violation to all levels of Mapuche people, from infants to elderly, women, peasants and workers of that nation. Chile has violated UN principles that demand an end to discrimination and racism. Still persists in using these acts only against them, accusing them of terrorism without ever been able show its evidence.

You may be aware that Chile's President and Government made promises to change the pattern of repression and would set new democratic approaches to the hunger strikers. Those negotiations were aimed at stopping their hunger strike. They included:

1.    A new relationship with the Mapuche, based on respect, inclusion in all matters related to the welfare and historical demands. These included the proper use of the ILO Covenant 169, and cessation of violence.

2.    Stopping the use of the Anti-Terrorist Act on their cases (Ley Anti-Terrorista -LAT). Such act was enacted by dictator Pinochet himself. No change has occurred. It has been used against more people than before, including minors who were tortured (there is video evidence of these).

3.    End to double judgments: using both the Civilian Penal Code and the Military Justice (Justicia Militar) system. The latter is based on mandatory military obedience, and their members and judges are not legally educated: they have provided impunity to all military personnel involved in crimes by the dictatorship and to all those that commit crimes against the Mapuche people. Chile's police are the one that performs repression, which has gone into killings and the disappearance of a minor -Jose Huenulao, 2005. The individuals committing all those crimes have been clearly identified yet they remain in total impunity because it has been the Military Justice that took responsibility to process them.

4.    Chile’s Government Committed itself to have proper legal due process during their trials (Juicios Justos): the Public Ministry has continued to use “Protected Witnesses who are faceless, do not present evidence and are either financially bribed or, given that many of these “witnesses” are petty criminals, they are “pardoned” for their own delinquent charges provided they declare against the Mapuche social activists. International Observers have attended Chile’s trials against the Mapuche leadership and have found most disturbing and unacceptable the use of the protected witnesses.

5.    Protection to children and communities: although promised these continue to face militarized, massive assaults with harsh treatment to all people, torture included. This video http://www.youtube.com/watch?v=wSOkQh3Dhl4 was shot with their phone by minors tortured by police at the time of their arrest. Brutal treatment continue during the negotiations around the hunger strike cessation. Several protection legal recourses have been presented for the continuous repression brought on to children.

These five aspects constitute the key elements put forth by the Mapuche hunger strikers -and were accepted by the government. Facts show that this is not being respected.  None has been adequately. The Military Justice system, apparently removed from any action against the Mapuche, persists. This is under two forms: a) any accusation made by the police of action against them will lead to twice the number of years previously considered. Also police accusations are considered evidence... And b) In Chile persists a Military Justice system: this is the one that secures impunity to all crimes of the police forces.

It is in response to the stated information that we are asking you to facilitate a real return to democratic and humane behaviour in Chile. We believe Canadians and their authorities are able to support peace and democracy. It would be proper to have the Canadian government to make proper representations on these matters and to provide the obtained results in favour of Chile’s Mapuche people.

As Canadian workers have shown to provide solidarity in the past and given that today’s world brings people together in their defence of their rights, we look forward to your actions.  We hope Canadian parliamentary, officials and people can   contribute to true return to democratic processes.

Please, accept our sincere wishes for a successful New Year for your Local 8782 brothers.

Juan Carlos Magdalena	José Venturelli, MD Prof Emeritus, McMaster University
Retired member of USW Local 8782	Spokesperson, European Secretariat, Ethical Commission Against Torture
Both members of Ontario Group for Human Rights and Solidarity with the Mapuche People.