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Chile: Juana Calfunao, released with conditions


click here to read this in Spanish

Juana Calfunao and her sister, Luisa Ana Calfunao Paillalef, were sentenced to 61 days of imprisonment for "disturbing public order" on Feb 22, in Temuco, Chile. Below is an urgent action alert released by the Observatory for the Protection of Human Rights Defenders, a joint project of the World Organisation against Torture (OMCT), and the International Federation for Human Rights (FIDH).

New Information
CHL 001 / 0705 / OBS 056.4
Sentence
Chile
March 1st 2006


The Observatory for the Protection of human rights has received new informations concerning Mrs. Juana Calfunao case of Chief of Mapuche Community "Juan Paillalef", related to the verdict against her and her sister Luisa Ana Calfunao Paillalef, on February 22 2006.

According to the information received, on February 22 2006 Mrs Juana Calfunao and her sister received a sentence of 61 days of arrest for "public disorders." Moreover, Mrs Juana Calfunao has received another sentence of 61 days of arrest for "threats against policemen in service." They were sentenced to pay the trial expenses whose amount is unknown.

The observatory considers that all this facts are part of the criminalization against human rights defenders in Chile, particularly leaders of the Mapuche community and defenders. Mrs Juana Calfunao faces another trial since January 4th 2006 for "public disorders and threats against policemen" If this sentenced is pronounced, Mrs Juana Calfunao could face three years and one day. The audience date of this second process is still unknown.

Action Requested:

i. Take immediately the necessary measures to guarantee the physical and psychological integrity of Mrs. Juana Calfunao Paillalef and her sister Ana Luisa Calfunao including medical and psychological assistance for her, her sister and all the members of her family

ii. Guarantee of a faire, independent and impartial trial against Mrs Juana Calfunao Paillalef

iii. Comply immediately with the recommendations given by the Human Rights Defenders adopted by the General Assembly of the United Nations on December 9th 1998, particularly concerning the protection to every person "(...) everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights at the national and international levels. " (Art. 1), and concerning the duty state "...the state shall take all necessary measures to ensure the protection by competent authorities of everyone, individually and in association with others, against any violence, treats, retaliation.as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration " (Art. 12.2);

iv. Guarantee the respect of human rights and fundamental freedoms throughout the country in accordance with international human rights standards and Conventions ratified by Chile.

Adresses:

a. Permanent Mission of Chile to the United Nations in Geneva, 58, Rue de Moillebeau 1211, Geneve, Case postale 332. Fax: +4122.734.52.97; E-mail: mission.chile@ties.itu.int

b. Mrs Mireille Bachelet, President of the Republic, Palacio de La Moneda, Santiago, Chile. Fax: (+562) 6904020;e-mail: opinion@presidencia.cl; internet@presidencia.cl

c. Mr. Luis Bates Hidalgo, Ministry of Justice , Morandé 107, Santiago Casilla 21, Santiago, Chile. Fax: (+562) 695 4558 / 698 70 98 ; e-mail: minju@reuna.cl; minju@minjusticia.cl

d. Mr. Ignacio Walker Prieto, Ministry of Foreign Affaires, Catedral 1158,Piso 3, Santiago, Chile. Fax: (+562) 696 87 96; e-mail: minrel@minrel.cl

e. Sr. Francisco Javier Vidal Salinas, Ministry of Intern Policies, Human Rights Program: Agustinas 1235, Piso 3, Santiago, Teléfono: (+562) 5502500 Fax: (+562) 5502516.

f. Mr. Eduardo Dockendorff Vallejos, Ministry of General Secretary , Palacio de La Moneda, Santiago, Chile. FAX: + 562.694.58.88

g. Mr. Ricardo Patricio Celis Araya, Intendente IX Región La Araucanía, Bulnes 590 piso 2, Temuco, Chile, Fax: +56 45 208217; e-mail: intaraucania@interior.gov.cl

h. Mr Sergio Aguilo, President of the Commission of Human Rights, Nationality and Citizenship of the parliament, saguilo@congreso.cl

Please also write to the diplomatic representations of Chile in your respective countries.

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

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Update - March 1

Juana Calfunao and her sister, Luisa Ana Calfunao Paillalef, were sentenced to 61 days of imprisonment for "disturbing public order" on Feb 22, in Temuco, Chile. Below is an urgent action alert released by the Observatory for the Protection of Human Rights Defenders, a joint project of the World Organisation against Torture (OMCT) and the International Federation for Human Rights (FIDH).  
read more

Update -February 17

Yesterday February 16, 2006,  Judge Maria Elena Llanos authorized
Chief  Juana Calfunao to leave the country to attend a international
meeting in Bogota, Colombia organized by the Justice and Peace Commission.  However, she was required to give a guarantee of 500,000 Chilean pesos (approximately US $1,000) an amount excessively high that it did not allow Juana Calfunao the right to leave her country temporarily.

The chief and her lawyer Fredy Barriga argued this measure as arbitrary and that it denies her right to leave the country to attend the meeting.

The Judge, Maria Elena Llanos said that if her expenses to attend this meeting are covered, there is no any impediment for paying the guarantee requested. It is a warranty that she will come back to the country.

 Update - February 10

The International Commission of Jurists (ICJ) will observe the trial
 against Juana Calfunao, chief of Mapuche community Juan Paillalef. Juana Calfunao is accused of "grave public disorders" and "threats against policemen in service".  The trial will be observed by Martin Prats, Uruguayan lawyer and Executive  Director of Social and Legal Studies of Uruguay (IELSUR), an organization affiliated to the ICJ.

Update - January 24

After a long struggle in my community and in the jail for women of Temuco in order to defend my rights, today I've been released with the following conditions:

IN SPANISH En audiencia celebrada hoy 16-02-2006 en el Juzgado de Garantía de Temuco la magistrada Maria Elena Llanos otorgó autorización a la Lonko Juana Rosa Calfunao Paillalef para viajar a un encuentro organizado por la Comisión intereclesial Justicia y Paz de Bogotá Colombia. Pese a la posición manifectada por el Ministerio Público sin embargo pidió una fianza de $500.000 suma 10 veces superior a la fijada a otros dirigentes Mapuches en situaciones simulares, que la Lonko y su abogado Freddy Barriga Bugaray estimaron arbitraria y que impide el ejercicio real del derecho a salir del País por su excesivo monto (US 1000,- aproximada). La señora magistrada Maria Elena Llanos se dirigió en forma perjuiciosa. A continación se encuentran las palabras dicho en la audiencia. Habiendo oído el debate producido, en cuanto a la rebaja del monto de la caución y atendido a que se trata de un viaje internacional, en el cual la imputada debe tener dinero para viajar e incurrir en gastos que ello implica, no se ve el impedimento para que haga el depósito fijado por el Tribunal, más aún si ello sólo garantiza su regreso al país, y le será entregado conforme lo solicite y previa constancia de su recibo a su regreso." Pebrero 10 La Comisión Internacional de Juristas (CIJ) observará el juicio contra Juana Rosa Calfunao, lonko (líder) Mapuche de la Cuminidad Juan Paillalef. La Sra. Calfunao enfrenta cargos por los delitos de "graves desórdenes públicos" y "amenazas a carabineros de servicio", este último tipificado en el Código de Justicia Militar. El juicio, que se celebrará el próximo 13 de febrero ante el Juzgado de Garantías de Temuco, será observado por el Dr. Martín Prats, abogado uruguayo y Director Ejecutivo del Instituto de Estudios Legales y Sociales del Uruguay (IELSUR), organización afiliada a la CIJ. Enero 24 marhi marhi pu lamgñen com pu che, despues de una larga lucha en mi comunidad y en la carcel femenino de temuco, por exigir mis derechos hoy he quedado en livertad, con la siguiente privacidad, - firmando cada 15 dias en el reten los Laureles - con orden de arraigo, - proibicion de participar en manifestaciones, (de lo contrario sera inmediatamente detenida) quero agradecer cada uno de ustedes, en forma muy personal la preocupacion que han mantenido por mi comunidad, por mi gente, y por mi persona.`por la gran difucion, presion al gobierno eso a pertido hoy mi libertad, muchas gracias a todo me encuentro muy delicada de salud estoy viajando para internarme con una machi para que evalue mi salud, y retomar un poco de fuerza, y seguir adelante con lucha y espero seguir contando con su masivo apoyo, Gracias, juana calfunao

 

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Chile: Chief Juana Calfunao Tortured and Abused by Chilean Police

Juana Calfunao was one of the participants on the International Consultation on Women Human Rights Defenders held on 29 November – 2 December 2005 in Colombo, Sri Lanka.
Following is an action alert on her behalf:

According to the information received, on December 23rd 2005, around 200 policemen arrived to the “Juan Pallialef” community and attack the habitants with tear gas. The police never presented the leveling order to the Mapuche community and destroyed personal belongings of Juana Pallailef. Moreover, she and her sister were brutally beaten.

They were charged with “threats against policemen in service” and arrested.

On  January 5th  2006, Lonko Juana Calfunao Paillalef was acused as “dangerous for the security of the society” and detained in the “centro de cumplimiento femenino penitenciario” Since  January 10th   she is in hunger strike. She is due to face trial on February 13th 2006.

Juana Pallialef’s house has been burned three times intentionally. We are deep concerned about the fact that the Chilean judicial system has ignored the call for justice of Juana Calfunao and her community.

Action requested

Addresses

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Spanish Version

Chief Juana Calfunao Tortured and
Abused by Chilean Police

26 th December 2005

On the 21 st December 2005, Lonko [Chief] Juana Calfunao was brutally assaulted along with other members of her community and the horse she was riding was shot by Chilean police. Two days later, and despite being injured, Lonko Calfunao was again beaten and taken, together with her sister Luisa, to the police station at Padre Las Casas. This occurred during an illegal police search which involved entirely disproportionate violence.

On Wednesday the 21 st December, at around 18:00 hours, a police contingent made up of special forces from Temuco and Los Laureles arrived at the Juan Paillalef community and began to fire tear gas at a small group of people who were protesting against the illegal construction of a private road which goes through the middle of their small, rural community. Subsequently the police began to fire against the unarmed crowd, injuring Lonko Calfunao and other community members, as well as the horse Lonko Calfunao was riding. Ironically, it must be noted that according to an order by the Public Ministry of Temuco, the ‘carabineros'(Chilean police) from Los Laureles involved in the attack were responsible for the personal safety of Lonko Calfunao following earlier death threats made against her and an arson attack upon her home.

Two days later (Friday 23) at 14:00, a police contingent of around 200 ‘carabineros' under the command of Cristian Alarcón, captain of the Padre Las Casas Police station, again attacked the Juan Paillalef community with tear gas and bullets. The police did not present a search warrant to the Mapuche authority as is required by Chilean law. With unprecedented violence they proceeded to ‘destroy the dwelling and all personal belongings, they scattered the food and broke the electric and water generators'. They also took all the farming and communication tools, as well as destroying the workshop that was being reconstructed after a deliberate fire that occurred in July this year. Lonko Juana and her sister Luisa were again beaten in front of their children and the children of the community and driven to the Police Station Tree in Padre Las Casas, detained and released the following day, having been subjected to cruel, inhuman and degrading treatment.

During October and November this year Lonko Calfunao visited several European countries, including the United Kingdom, with the objective of denouncing the persistent campaign of political persecution to which she is subjected from the Chilean establishment, along with the death threats and daily harassment by the local landowners who are determined to take the remaining land of her community.

The road being protested against began to be expanded during the time Lonko was in Europe, and in order to carry out the work the ‘carabineros' held hostage the members of the community opposed to the construction. The action by the police was arbitrary and the construction contravenes article 13 of the Indigenous Law No 19.253 of 1993 which states: “The land whose title holders are Indigenous Communities will not be rented, or given to third parties for use, leisure or administration.”

Lonko Calfunao, her family and members of her community have suffered a permanent terror campaign. A great part of the 120 hectares that the community originally owned has been taken away by outsiders that have settled in Mapuche territory next to their community. This is despite the Mapuche community having legal land titles since 1913.

Lonko Calfunao's fight for the restitution of her community's lands and her participation in the global fight of the Mapuche for justice and freedom have made her the target of a campaign of terror and abuse that has lasted for decades. Chief Calfunao has been arbitrarily detained on various occasions, and her house has been destroyed three times. During her detention in May 2000 in the Police Station Two of Temuco she was tortured causing the loss of her unborn baby.

Despite the ample documented evidence that Lonko Calfunao has presented to the Chilean Tribunals (military and civilian), the Chilean Judicial system, a system made up of racist and corrupt judges, has not investigated the cases and much evidence has either not been archived or has been deliberately lost in the system.

Lonko Calfunao is a well known authority of the Mapuche community and for many years has carried out an active campaign in defence of Mapuche human rights and for the restitution of the usurped land. Lonko Calfunao expressed a desire to renounce her Chilean nationality given that her life since she was a child has been marked by repression by the Chilean state; her clamouring for justice has remained unheard and the Chilean authorities do not guarantee her personal safety which is made worse by the fact that she is a Chief.
Chilean Nationality was imposed on all Mapuche, following the illegal annexation of Mapuche territory by the Chilean State in the late nineteenth century. Currently the Chilean Government uses repressive laws introduced during the de facto Pinochet regime and uses Military tribunals against the Mapuche in times of peace. It also does not recognise the existence of the Mapuche in its political constitution nor has it ratified the ILO Convention 169 on Indigenous and Tribal Peoples.

Therefore, Mapuche International Link demands that the Chilean authorities investigate the claims, including the abuse of power by the police and the failure of the judicial system to uphold justice. We demand that the problem that affects Lonko Calfunao be resolved at an official political level. We ask for the establishment of an independent and impartial tribunal with the participation of international lawyers, capable of providing procedural guarantees to the accused and conforming to the standard rules of a legitimate democratic state.

We ask the Secretary General of the United Nations to begin an investigation and negotiation with the Chilean authorities in regard to article 15 of the Universal Declaration of Human Rights and the right of everyone to a nationality. This is an issue which affects around 2 million Mapuche who in having Chilean nationality imposed on them are thus denied their right to Mapuche nationality and the right to their own inherent culture and identity.

Mapuche International Link
http://www.mapuche-nation.org
For further information on Chief Calfunao, please see link:
http://www.mapuche-nation.org/english/html/campaigns/juana_calfunao.htm
______________________________________________

Mapuche International Link
Enlace Mapuche Internacional
6 Lodge Street,
Bristol. BS1 5LR, United Kingdom.
Tel/Fax +44-117-927 9391
e-mail: mapuche@mapuche-nation.org
http://www.mapuche-nation.org