There is a strong concern about the use of Terrorism Act against minors. Despite the hunger strikes and legal reforms established by the authorities, continue to occupy this controversial legislation, now indirectly or transvestite disguise, against Mapuche youth.
Keys: leniency, anti-terrorism law, children under age Mapuche
José Ñirripil Now 21 years old, but was sentenced to four years and two months in the case called “Fundo Brasil” where a group of armed men have entered an area to burn a manor house and a warehouse in the town of Vilcún, events that occurred on September 11, 2009, when he was only 17.
For young lawyers, this process is flawed from the same preparation of trial, when it was established as lawful trial heard testimony from a “whistleblower compensated.” For this reason they asked the Supreme Court to void the judgment.
In this sense, the defense attorney, Karina Riquelme, explained that “an offset informer is a person who points to Article 4 of the Terrorism Act and to avail of this article will provide benefits that are worth the downgrade in two grades , before this the only evidence that existed against participation Minor was the testimony, or the testimony of three police officers who heard the statement of this person, informer compensated when invoked Article 4 of the Anti-Terror Law which we believe there is a material application of the Terrorism Act, in short. ”
Counsel indicated that the counterparty justifies the use of the law stating that the leniency applies to a witness and not the defendant, however, to validate the evidence supports. It should be noted that Joseph and other young Ñirripil held a hunger strike in 2010, and two legal reforms were made to ban the use of the standard to children. On 9 January, the high court will rule on the possible invalidity of this cause.
But that is not the only controversial process. A day after the hearing begins young Patrick Queipul and Luis Marileo processed by the so-called case of toll Quino, which also would apply the law, even though in the same case the adults had another deal: were fully acquitted by the courts. The Jesuit priest Luis García Huidobro in previous conversation with our station addressed the issue which called it “an example of the lack of progress in this area, despite the commitments of the government.”
Therefore, the religious explained that “comes the trial of minors Toll Quino was asked at that time separate from adult minor, because minors could not be applied to them the Terrorism Act. Now being given the paradox that Luis Patricio yes they accepted the issue of Terrorism Act and the same test with which there were acquitted because they can not be said for Terrorism Bill, now accepted by the court. Of course not said that there Terrorism Act, but Article 4 of the Terrorism Act, and follow more or less legal political tricks “used.
The issue of concern to community members, religious places and specialists being discussed at various levels. Earlier this month at a seminar of the Mapuche Territorial Alliance prominent lawyer and director of the National Institute of Human Rights, Roberto Garreto’n cataloged this maneuver as “an unspeakable abuse.”
“They are being used in the process for the crime they may have committed mechanisms that are only in the Terrorism Act. A process that is greater Pedro, which mentions a child declares a protected witness, two witnesses declare protected five protected witnesses and judging when we want to judge the child, then all that proof shifts to the trial begins, this It is an absolutely unspeakable abuse, abuse of the law. ”
This Thursday UNICEF noted that you can not apply to children under the Terrorism Act, either directly or indirectly. Nicolas Espejo, Consultant Manager Legal Protection agency said the children, beyond “the crime that comment and their ethnic, racial origin, have the right to be tried by a, more guarantees special penal system, and to ensure their reintegration, avoiding being convicted for special arrangements and violate due process, as the United Nations has said. “