Concern for Mapuche political prisoners

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Body	Mr Ricardo Lagos President of the Republic Palacio de la Moneda Santiago, Chile Fax (56 2) 6904020 Ref: Concern for Mapuche political prisoners c.c. Minister for Justice, Luis Bates Hidalgo and Minister for Home Affairs, Jose Miguel Insulza Salinas Dear Mr President We are very concerned about the imprisonment of Mapuche leaders and the people in traditional authority, especially for the health of those who are on hunger strike in various Chilean prisons. Patricia Troncoso is critically ill, having been in prison for 14 months, and on hunger strike since 12 October. We have information from Mapuche communities and from the prisoners themselves. Most Mapuche prisoners have been judged and sentenced by two means, "fiscales" who have been appointed to process these cases as well as military tribunals. This treatment flagrantly contravenes the principle "non bis in idem". Most of the prisoners have had two trials, accused of breaking the penal code and the military code, being judged under the Anti terrorist Law, the Law controlling the use of arms, or the State security Law. Most Mapuches who are now in prison have not been given access to an advocate in whom they have confidence, nor have they had interpreters if they needed them. Chilean justice has not allowed the accused to present a legal defence. Most prisoners have been cruelly interrogated before being brought into the justice system. To accuse and judge Mapuches as terrorists has denied them the opportunity of being bailed or having anything other than a custodial sentence. In prison they have been subjected to extremely hard conditions and they bear witness to intimidating and racist treatment by the prison authorities. Mr President, we are extremely alarmed by these events. We ask you particularly to listen to the requests of those Mapuche prisoners on hunger strike. These are to: - free those political prisoners held in the prisons of Temuco, Victoria, Angol and Concepcion. - complete all their trials rapidly - release those who are sick in Temuco and Angol. They are Mireya Figueroa, Juan Antonio Colihuinca, Juan Patricio Marileo Saravia and Jose Cariqueo Saravia - get the military authorities of Angol toput on trial the police officer who shot 17 year old Alex Lemun in the head on 7 November 2002. This youth died. Three officials were involved in ending the Mapuche occupation of a building in Ercilla when this happened. We ask that political prisoners of the Mapuche nation be given the treatment laid down in international law. In particular we ask that two international conventions be respected: the Interamerican one to prevent and punish torture, and that which is designed to bring an end to all forms of racial discrimination. Yours sincerely --------------------------- Copy: Luis Bates Hidalgo Ministro de Justicia Ministerio de Justicia Fax: (56 2) 6954558 Email srios@minjusticia.cl José Miguel Insulza Salinas Ministro de Interior Ministerio del Interior Fax: (56 2) 6992165