Sample Letter on Lonko Juana Calfunao detention

S.E Michelle Bachellet
President of the Republic
Palacio de la Moneda
Santiago, Chile.

..... January, 2007

Dear President,

My attention has recently been drawn to the 150 day prison sentence of the Mapuche leader Lonko Juana Calfunao Paillalef, her husband Antonio Cadin and their children Jorge and Waikilaf; as well as her sister Luisa Calfunao, mother of three young children, one of which is 3 years old. Lonko Calfunao's younger sister is only 7 and, faced with the arrest of practically her whole family, finds herself helpless. I am alarmed that the Chilean justice system is passing such severe sentences for minor offences such as “public disorder”.

I would like to express my concern about the health of the prisoners, both physical and psychological. In particular that of Luisa Calfunao who has suffered from hysteria after enduring persecution, detention, beatings and humiliation from the police, as well as attacks on her community, Juan Paillalef . As a result of this, she has had to be moved from prison to the psychiatric ward at the Temuco Regional Hospital.

I consider the struggle of Lonko Juana Calfunao and her family to be a just one, in respect of the rights of their community, and I deplore the denial of their right to peaceful protest. Since the start of the protests, against the seizure of land during the Chilean invasion of Mapuche territory, the charge of “public disorder” has been regularly used as a pretext to keep Lonko imprisoned.

I would like to state on record that the way in which Lonko and her sister have been, and are being, treated by state police officers representing their government is unacceptable in a democratic country governed by the rule of law.

Some of the events referred to are:

• In May 2000, Lonko Calfunao was subjected to torture by police officers from Temuco 's 2 nd police station, which caused her to have an abortion.

• On 23 December 2005, Lonko Calfunao and her sister Luisa were brutally beaten by police in their house, in front of their own children and other children from the community.  

• On 4 January 2006, police raided the community once more and arrested the Calfunao sisters, holding them in custody in Padre Las Casas' 3 rd police station, w here they were subjected to beatings and humiliation.

I regard, without doubt, these events as clear evidence of the political persecution of Mapuche leaders who are fighting for freedom and justice for their people. Despite the political nature of the Mapuche leaders' struggle, Chilean justice imprisons them alongside common offenders.

I therefore ask of you to take the following measures as soon as possible:

• Guarantee recognition of the political status of Lonko Calfunao's struggle and ensure a fair trial for her in a competent, independent and impartial court;

• With respect to the principle of proportionality of punishment: the disproportionate punishments that are being given to these people are not appropriate in a country governed by the rule of law;

• Investigation and sanction, through legal processes, of the state police officers responsible for the physical abuse and persecution of community members, as well as the unlawful arrest of Lonko and/or members of her family/community;

• Recognition and respect for the Mapuche people, their communities, and particularly their land. Negotiation with communities and compensation in accordance with international regulations for land acquired. In cases where land has been acquired without respecting international regulations, compensation should be given or the land returned to the Mapuche people.

Yours sincerely,

…………………………………….

Copied to:

• Chilean Authorities and Chilean Members of Parliament

• Members of the European Parliament

• Human Rights Organisations

• Mapuche Organisations and Communities

Statement of Juana Calfunao Paillalef. As a Mapuche woman, I have suffered and been the victim of open discrimination, which has taken the form of verbal, physical and psychological violence. (Temuco, July 20 2003)