Urgent Appeal for the liberation of Chief Juana Calfunao
Europe, October 19th, 2009
Lonko (chief) Juana Calfunao, Mapuche ancestral authority of the Mapuche Nation from the community of Juan Paillalef, has announced that she has been subjected to torture and harassment by the staff of the Chilean Prison Service.
From the moment the Chilean state accused, tried and sentenced her (in November 2006) for defending the rights of her community, the Lonko and all of her family were subjected to unjust sentences, so much so that the Government had to enact a new law and apply it retrospectively to be able to sentence her under the accusation of “offense against authority”, and in so doing violating the right to due process.
On the 14th of July 2009 Antonio Cadin, Werken and husband of Lonko Juana Calfunao announced to SEREMI of Justice, and to the Regional Attorney Francisco Ljubetic, that Juana Calfunao was subjected to the following: harassment, persecution, and threats to stab her by common criminals detained in the women Prison of Temuco.
On the second of October 2009, Antonio Cadin again petitioned the authorities in regards to threats and harassment that the Lonko was subjected to by the prison staff and by fellow inmates. This charge was also brought to the attention of the Public Ministry, and falls to this day under the authority of attorney Cristian Crisosto.
Since her incarceration, Lonko Juana Calfunao has been systematically subjected to cruel, inhuman, and degrading treatment by the Chilean Prison Service. What is more, our denunciation of such treatment and our calls for proper investigation by the appropriate authorities such as SEREMI of Justice, the Regional Director of the Prison Service, the Ministry of Justice, the National Director of the Prison Service and the Governor of the Women’s prison, have all been ignored.
As is publicly known, the present democratic government criminalizes the Mapuche Peoples’ right to self-determination and autonomy, as well as their legitimate defense of their territorial, political, economical, social and cultural rights. The Mapuche who assert the above rights are persecuted as common criminals, and then exposed (when imprisoned with common criminals) to all kinds of aggressions, including those that put their lives in serious danger.
Instead of properly investigating the charges that Lonko Calfunao and her family have brought to the attention of the Justice system, she has been punished by the Prison Service which has “negated her food and denied her the basic services that are common in prison.” In addition, she has been denied probation, in contravention of the 321 law with its last change as of 2007, that is, the law 20.230 that refers to probation. The Prison Service has put forward as a reason for this denial the argument that Juana Calfunao has not upheld good conduct. We do not consider this reason valid but rather discriminatory and arbitrary and we invoke the Convention 169 of the ILO (OIT), article 10, stating:
When applying penalties falling under the general legislation to members of the above mentioned Peoples, one needs to take into account their economic, social, and cultural characteristics.
Preferences shall be given to methods of punishments other than imprisonment.
We also invoke the Indigenous Law 19.253 Paragraph 3,
Article 7: "The state recognizes the right of Indigenous Peoples to maintain and develop their own cultural expressions.
Article 8: It is considered an offense to discriminate obviously and intentionally against indigenous peoples, because of their origins and culture. Those who behave so will be sanctioned with a fine ranging from one to five monthly salaries.
The following are also relevant to this case: the Declaration of the United Nations on the rights of Indigenous Peoples, passed on September 13th 2007,
Article 31
1: The Indigenous Peoples have the right to maintain, control, protect and develop their cultural heritage, their traditional knowledge and cultural expressions, and the manifestation of their science, technologies and cultures, including human and genetic resources, seeds, medicines, the knowledge of the properties of the fauna and flora, oral traditions, literatures, design, sports and traditional games, as well as the visual and performing arts. They are also entitled to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge and traditional cultural expressions.
Article 11
1. Indigenous peoples have the right to practice and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present, and future manifestations of their cultures, such as archaeological and historical sites, artifacts, designs, ceremonies, technologies and visual and performing arts and literature.
Article 20
1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, and to safely enjoy their own means of subsistence and development, and to engage freely in all economic activities their traditional or otherwise.
The policy of the Prison Service does not respect the rights mentioned above. Therefore we urgently call upon the human rights international organizations, as well as the social organizations and the international and national civil society to let your voice be heard by calling upon the Chilean government to free Juana Calfunao from the Temuco prison.
You can address your letters to:
Chilean Ministry of Justice: Carlos Maldonado Curti, Ministro de Justicia. Telephone: 0056 (0) 2 674 3100, Santiago, Chile.
Francisco Javier Muñoz. SEREMI of Justice, Región de la Araucanía.
Emal: seremi09@minjusticia.cl
Telephone: 0056 (0) 45 218230, Temuco, Chile
Prison Service of Chile, Alejandro Jimenez, Director Nacional de Gendarmería. Patricio campos, Ayudante del Señor Director Nacional de Gendarmería Telefono : 0056 (0) 2 6851422. Email: pcampos@gendarmeria.cl
Director Regional de Gendarmeria., Temuco, Chile Luis Gatica Maturana Teléfono : 0056 (0) 45 646500 - Temuco Prison: 0056(45)210491