El Ciudadano
Original article: Presos políticos mapuche denuncian en Purén falta de debido proceso: “No hay respeto por los derechos humanos básicos”
Mapuche Political Prisoners in Purén Claim Violation of Due Process: «Basic Human Rights Are Not Respected»
On Tuesday, March 3, the first preparatory hearing for the oral trial of Mapuche political prisoners from the Temulemu Chico community commenced at the Guarantee Court of Purén. This proceeding involves the works of Rafael Pichun Collonao, the leader Juan Pichun Collonao, and Pelentaro Llaitul Pezoa, marking the beginning of several incidents that families and advocates would describe as part of a pattern of violations.
Outside the court, a campaign to support the community members unfolded peacefully throughout the day. Family members and spokespersons gathered early to show their political support and provide strength to the accused, reflecting a unity aimed at countering what they perceive as an onslaught by the Chilean judicial system against the Mapuche people.
Systematic Violations
Pilar Curiyan Huenchunao, spokesperson for the Mapuche political prisoners of Temulemu Chico and Rafael Pichun Collonao, provided a stark account of the day’s events, denouncing what she considers serious violations of due process and fundamental rights of the accused.
«Today marked the beginning of the first preparation for the oral trial, and there was a peaceful gathering both inside and outside the court, which undermines the legal document from the Court of Letters claiming the denial of in-person presence due to a protest that was to take place,» Curiyan stated during the day’s proceedings.
The spokesperson emphasized that the court’s arguments justifying the virtual hearing lacked factual support. «This parallels claims made by a fascist group or media outlet in the region,» she added, making a direct connection between the judicial decision and narratives that, in her view, criminalize protests and support for Mapuche political prisoners.
Right to In-Person Appearance
A particularly controversial aspect of the day was the tribunal’s refusal to allow the accused to appear in person for the oral trial preparation hearing. According to the spokesperson, the Court of Letters argued that the decision was based on «safety concerns,» specifically due to the anticipated protest outside the court in Purén.
Nevertheless, those present at the gathering reported a very different reality. «Nothing happened here; we were calm,» Curiyan asserted, refuting the court’s justification for the refusal.
The spokesperson also highlighted the inadequacies of the Guarantee Court concerning its technological infrastructure, which adversely affected the trial’s progress. She reported that international human rights observers were not permitted entry, nor were family members or representatives allowed, citing a «failure in the capacity that the virtual connection could support via Zoom.»
The court denied the right to a physical presence at the hearing, which began late at 12 o’clock, using another argument, she detailed, stating that there was not enough personnel from Gendarmerie to transfer the accused to the court for securing the trial and safety.
This situation differently impacted the accused individuals. Curiyan explained that «Rafael Pichun Collonao did not connect forcefully because he demanded to attend his trial in person, as is right, yet he was neither silenced nor allowed to remain there, being part of this process, while the other members were in their respective prisons.»
Mockery from the Public Ministry and Prosecution
Another particularly scrutinized aspect of the day was the conduct displayed by representatives of the Public Ministry and Prosecutor’s office during the hearing. According to the spokesperson’s account, the defense requests were met with mockery from judicial officials.
«Today, a precautionary measure was requested regarding prior investigation information that had not been disclosed to the defenders, yet this was denied. Furthermore, it was stated that a constitutional appeal would be requested due to this denial, which the presiding judge mocked, as did the Public Ministry and Prosecutor’s office, stating that this was something basic,» Curiyan recounted.
The spokesperson emphasized that such attitudes reflect a deeper issue in how the Chilean judicial system treats Mapuche defendants: «This only highlights the failures of the system, failures on the part of Gendarmerie, failures of the Guarantee Court, failures of the Public Ministry, and we must also mention the mockery of the Public Ministry and Prosecutor’s office towards the complainants,» she asserted.
Despite this challenging scenario, Curiyan underscored that “the group of lawyers remains steadfast,” in a context where basic procedural guarantees are being systematically violated.
Statement from Prison: Reporting Irregularities
Alongside the events in Purén, the Mapuche political prisoners at the Temuco Prison, currently involved in the Vegas de Centenario case (located at the Guarantee Court of Purén), issued a public statement titled “Against the Political-Judicial Onslaught of the Chilean State, Executed by Current Governments (whichever they may be),” denouncing the irregularities they claim are affecting their judicial process.
Initially, the community members claim that «the case for which we are currently being prosecuted has been forced from its inception, lacking logical basis, with evidence derived from various investigations, some of which are concluded or unfounded, and are supposedly ‘reserved’; that is, another court ordered phone interventions and surveillances long before the events for which we are presently charged occurred.»
This situation, described as a persecution preceding the accused incidents, would constitute a grave violation of their procedural guarantees, subjecting them to prior investigations whose contents have not been timely disclosed to the defense.
Restricted Access to Information
The second point in the statement directly addresses the challenges faced by the defense in accessing complete information regarding the investigation. «In light of these irregularities, our lawyers have requested that the Prosecutor’s office provide complete information before the oral trial preparation (APJO), which has yet to be delivered,» they indicated in the document.
The community members recounted that «a precautionary measure was presented to the Guarantee Judge of Purén, who rejected this request, allowing the APJO to proceed without us, the accused, having access to the evidence that initiated this persecution, which constitutes a serious violation of due process.»
This situation acquires particular relevance given the historical context of judicial setups against Mapuche community members. In this sense, the political prisoners warned that «for us as defendants, it is crucial to clarify this information as it is well-known and demonstrated, for instance, in the setup of Operation Huracán, where police and Prosecutor’s office managed to influence judicial orders that appeared legal but lacked basis to pursue various Mapuche community members.»
The mention of Operation Huracán—the police setup that involved evidence manipulation to incriminate Mapuche individuals of terrorist offenses—places the current complaints in a broader context of systematic judicial persecution against leaders and communities from the Mapuche people.
Constitutional Appeal and Systematic Denial of Rights
Concerning the tribunal’s refusal to permit the accused to appear in person, the community members announced that «we likewise report the Purén Court for denying us the right to attend this important phase of the judicial process, violating our right to Defense. Consequently, our lawyers have filed a constitutional appeal.»
The statement also identifies judicial system operators who are engaging in these practices.
«We denounce Prosecutor Héctor Leiva, who, along with the court, has systematically obstructed not only access to hearings, but to ‘reserved’ information, ensuring greater access to the security ministry, prosecution, public ministry, while our defenders have had restricted access to only some files,» they claimed.
For the accused, this situation «seems to be a deliberate action of the judicial system, treating us as guilty through the limitation of rights,» framing an environment where the presumption of innocence is eroded by institutional practices that restrict genuine defense opportunities.
Call to Mobilization and Political Support
Throughout the day, both family members present in Purén and community members from the Temuco prison made an appeal for solidarity and active political support. «In light of this, we call for gatherings outside the Guarantee Court in Purén during the APJO and soon on dates relevant to our trial, to continue accompanying and, above all, to denounce,» states the statement signed by the Mapuche political prisoners from the Temuco prison.
Pilar Curiyan reinforced this call from her position as a spokesperson: «We were present throughout the day, from early on, to demonstrate this support and to show that we do not need to hide before such gatherings; we will express our discontent regarding the right to appear in person and the organization via Zoom,» she said.
In statements reported by Radio Kurruf, the spokesperson emphasized that the restrictions imposed by the court not only harm the accused’s right to defend themselves adequately but also violate the families’ right to accompany the process.
«Here is where we say there is no respect for basic human rights, no respect for defense, nor respect for the communication a lamngen can have with their respective lawyers, and we as family members and spokespersons should be able to be present and see the lamngen in this process which must be just,» she condemned.
The spokesperson’s final message was clear regarding the forms of support needed: «The call is to demonstrate, and also to spread the word on social media, and not just stay on those networks, but make your presence felt if you’re near. Just being present for a moment can provide political support. Let past governments meet again; the Mapuche people are reclaiming their rights.»
The statement issued from the Temuco prison was collectively signed by the «Mapuche Political Prisoners of Temuco Prison,» specifically identifying themselves as «Ppm Temulemu Chico and P.Ll.» The individual signatures backing the document belong to Cristian Tranamil, Claudio Millanao, Alejandro Millanao, Patricio Zapata, José Llanquinao, and Pelentaro Llaitul.
The complete text of the statement reads:
“STATEMENT FROM MAPUCHE POLITICAL PRISONERS VEGAS CENTENARIO CASE GUARANTEE COURT PURÉN
From the Temuco prison, the Mapuche political prisoners involved in the Vegas de Centenario case (Guarantee Court of Purén). In light of the political-judicial onslaught of the Chilean State, executed by the current governments (whichever they may be).
WE DENOUNCE THE IRREGULARITIES IN OUR CURRENT JUDICIAL PROCESS:
ONE:
That the case for which we are currently prosecuted has been formed from its beginnings in a forced manner, lacking a logical basis, with evidence derived from various investigations, some concluded or undeclared, and also supposedly of «reserved» nature; that is, another court ordered phone tapping and surveillance long before the events for which we are currently charged.
TWO:
Due to these irregularities, our lawyers have requested that the Prosecutor’s office deliver the complete information before the oral trial preparation (APJO), which has not been provided until now. A precautionary measure was presented to the Guarantee Judge of Purén, who rejected this request, allowing the APJO to proceed without us, the accused, having access to the evidence that gave rise to this persecution, constituting a grave violation of due process.
THREE:
For us as defendants, it is important to clarify this information as it is well known and demonstrated, for example, in the setup of Operation Huracán, in which police and the Prosecutor’s office managed to obtain judicial orders that seemed legal but were unfounded to pursue various Mapuche community members.
FOUR:
We also denounce the Purén Court for denying us the right to appear physically for this important phase of the judicial process, violating our right to Defense. Consequently, our lawyers have filed a constitutional appeal.
We denounce Prosecutor HÉCTOR LEIVA, who, along with the court, has systematically obstructed not only access to the hearings but also the «reserved» information, ensuring greater access for the Ministry of Security, Prosecution, and Public Ministry, while our defenders have only had restricted access to some files, which seems to be a deliberate action of the judicial system, treating us as guilty through the limitation of rights.
For this reason, we call for gatherings outside the Guarantee Court in Purén during the APJO, and soon on dates corresponding to our trial, to continue accompanying and, above all, to denounce.
Signed by this statement
Mapuche Political Prisoners of Temuco Prison
Ppm Temulemu chico and P.Ll
Cristian Tranamil
Claudio Millanao
Alejandro Millanao
Patricio Zapata
José Llanquinao
Pelentaro Llaitul.”
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