Society for Threatened Peoples deeply concerned for the lives of four political prisoners of the Mapuche Indians in Chile

Göttingen
Ladies and gentlemen,

Dear Friends,

The Society for Threatened Peoples is deeply concerned about the condition of four political prisoners of the Mapuche, who have been in hunger-strike since 13th March 2006.

A letter was sent yesterday from the Society to the Chilean President, Michelle Bachelet, who proclaimed as one of her election aims the improvement of the condition of the Indians of Chile. The letter begs her not to let these four Mapuche die. Our human rights organisation has also protested against infringements of the human rights of these prisoners and called for their immediate release. We beg you very earnestly: Join in this letter campaign and help to save the lives of these four people, who have now been in a hunger-strike for two months. It is the desperate act of people who see no other way of drawing attention to the injustice exercised against themselves and their people.

Patricia Troncoso Robles (36), Patricio Marileo Saravia (31), Jaime Marileo Saravia (27) und Juan Carlos Huenulao Lienmil (39) ) are applying for a review of the trial in which they were sentenced to prison sentences of over 10 years and heavy fines of more than 400 million Chilean pesos (about 620,000 euros). They were sentenced on the basis of the Anti-Terrorism Law dating back to the time of Pinochet (Ley 18.314) because they had taken part in an occupation of land in protest against the withholding of the land rights of the Mapuche. In the course of this an agricultural vehicle was set alight. "Terrorist arson” and the occupation of land are the standard charges in cases made against the Mapuche, which are based on the Anti-Terrorism Law.

After a particularly long period in prison on remand (up to one and a half years) this case was marked by grave irregularities: the right to defence was restricted, the sentence relied on witnesses whose identity remained unknown to the defence ("faceless witnesses”) and whose statements could not be tested.

The implementation of the Anti-Terrorism Law (Law No. 18.314) against Mapuche leaders, who stand up against the rape of their land, and the admission of anonymous witnesses has been criticised by several international organisations, among them the Society for Threatened Peoples. In 2003 Rodolfo Stavenhagen, Special Rapporteur for Indigenous Affairs at the United Nations, called on the Chilean government to take measures at last to stop the Mapuche people being criminalised for their legitimate protests against the theft of land and social prejudice.. The Committee for the Economic, Social and Cultural Rights of the United Nations came to the same conclusion in its last Chile report. There have also been five applications filed against the Chilean government at the Inter-American Commission for Human Rights. They are all concerned with cases against Mapuche who have been brought before court on account of the Anti-Terror Law.

Our standard letter:

Dear Ms President,

Since Monday 13th March the Mapuche Political Prisoners Patricia Troncoso, Patricio Marileo Saravia, Jaime Marileo Saravia and Juan Carlos Huenulao Lienmil have been on hunger strike with the objective of achieving a review of the judgement under which they were sentenced to 10 years and one day plus the payment of 423 million Chilean pesos in compensation to the company Forestal Mininco.

The Mapuche community members emphasise that the sentence imposed is based on an arbitrary application of Law 18.314 created by Dictator Pinochet (called the 'Anti-Terrorist Law') in order to condemn as terrorists a group of indigenous political activists demanding better living conditions and political rights. These verdicts are inadmissible from an international perspective. The practice of charging somebody based on the evidence of unidentified witnesses is also inadmissible under the rule of law.

Meanwhile Chiles Minister of the Interior, Andrés Zaldivar Larrain, openly declared that Law 18.314 will no longer be applied on charges against Mapuche in the future. But it remains unclear whether this means a review of the sentences of the Mapuche altready convicted on the basis of this law.

I urgently request you to review all sentences against Mapuche prisoners based on Law 18.314 and to set the Mapuche political prisoners free. Please do not let them die.

Yours Truly,