Release the young Mapuche Leonardo Quijón Pereira now and give him specialized medical care!
Our young Leonardo is an example of the most serious human rights violations committed against his People, for being Mapuche and fight for their dignity.
On November 27, 2012 he began his second hunger strike this year, demanding his freedom in a new case of which he is accused despite his innocence. His health status is critical and worrisome.
This young man has been living for more than 6 years with harassment, persecution and false accusations of police of the Government of Chile. From September 3, 2012 there began a new attack against his freedom when he voluntarily surrendered himself to justice to declare his innocence in the death of parcel holder Hector Gallardo. Preventive detention was ordered with 4 months of research.
Liquid hunger strike despite serious state of health
On November 27, Leonardo began a second liquid hunger strike demanding Parole under precautionary measures, that the process is speeded up, that all his witnesses are called to testify, that the family of parcel holder Gallardo rectify their statements that accuse him, because he is innocent, and that the expert appraisals are transparent. On December 16, he had to stop the strike because his condition is critical and a dry strike (without ingesting liquids) would be taking the risk of a heart attack which he has already suffered before. At the requests of his family which has already for a long time been in constant concern for the health of this young man and the lack of attention and willingness by the Government, Leonardo Quijón wisely agreed to stop the strike, finishing with 48.500 Kg Start: 54.700 Kg
It was not until December 13 that the precautionary measures were reviewed where he asks for his freedom, justice refused, saying that there is no background information available to make the decision to release him from custody.
The judge requested background information that until now Prosecutor Luis Chamorro has not submitted objectively, and they were not clear either in the statements made by the witnesses. The Prosecutor Chamorro as always eludes the clarity and objectivity in the matter. While the precautionary measures were rejected, the attitude of the Prosecutor is crucial for not doing his job properly lengthening more and more the processes.
Again an abuse of power by the Prosecutor of the Ninth Region of Chile, Luis Chamorro, who still does not accept the acquittal of the youth Leonardo Quijón in 2010 when he accused him of illicit terrorism. Another setup of the Prosecutor to mask the cowardly attack by police against Leonardo Quijón in the year 2009.
Dr Luis Umaña Rosales of the Commission on Human Rights of the Chilean Medical Association wrote in his report on Wednesday, December 12, 2012:
"Leonardo has lost approximately 10 kg in weight, he appears conscious, hydrated, with a crushed spirit, going through a severe depression, cramps and persistent dizziness, insomnia and changes in sleep patterns, plus frequent palpitations.
This prolonged fasting keeps him on the edge of a severe decompensation for his physical and emotional fragility, especially because of a history of cardiac arrest after his previous hunger strike."(1)
It is important to note that Leonardo Quijón joined the hunger strike of the community members to demand a transfer from Temuco to Angol prison to be closer to their families. The strike lasted 23 days, including four days of dry hunger strike, it deteriorated his body even more, which already was critical because of the consequences of the cowardly attack by police in 2009. The police struck him with about 200 shotgun pellets in the left calf when he was hunting rabbits for the subsistence of the family. Although it is already three years since that attack he still has the buckshot in his body and those responsible have not been prosecuted. (2)
I would appreciate it if you would join us to ask the Government of Chile and the Ministry of Justice freedom for Leonardo Quijón and urgent medical care at a specialized clinic before it is too late.
Chairman of Maricheweu (Germany)
Association for human rights of the Mapuche People
December 18, 2012
(1) Report by Dr. Umaña of the Human Rights Commission of the Medical College
(2) History and chronology of events http://www.fixurl.de/4043
Sir Sebastian Piñera
President of the Government of Chile,
Ministry of Justice,
Ministry of Health,
National Human Rights Institute (NHRI)
December 18, 2012
Ladies and Gentlemen:
I know that you are familiar with the case of the young Mapuche Leonardo Quijón Pereira, 20, of the Community Chequenco, one of the Mapuche youths who are in custody in the jail of Angol, accused by the Prosecutor Luis Chamorro to be guilty of the death of the parcel holder Gallardo during the incidents on September 1 of this year.
We must remember that the youth, of 20 years, voluntarily presented himself to justice to declare his innocence. Nevertheless, although he is in a grave state of health, preventive detention was ordered, lacking in jail all specialized medical means required for a complex state like his.
Because of the professional incompetence and the lack of impartiality of the Prosecutor Chamorro the process lengthens, since no background investigations are presented.
Remember that the prosecutor should be disabled in this cause because the other minor charged in this case, G.V. M., of 17 years, declared about the violence of the special forces against the Community Wente Winkul Mapu on June 7, 2012. The prosecutor Luis Chamorro is accused of being responsible for that action including where there were minors injured, including G.V.M. who declared on August 30 before the regional prosecutor of Los Lagos, Emilfork Marcos, who is in charge of the de-formalized research the Public Prosecutor initiated following a complaint made by the Public Defender against Chamorro.
Clearly in this new process that involves the young Leonardo Quijón they violate the International Covenant on civil and political rights. See Articles 9.3, 9.4; 9.5; 10.1, 14, also against the Articles 5, 7, 8, 9, 10 and 11 of the American Convention on Human Rights (Pact of San José) and against the Articles 34, 35, 36, 37, 38 of the penal Institutions Regulations of Chile (Rights and obligations of the inmates, Title Three: medical care to inmates, 2nd Paragraph, Article 20 of the Organic Law of Gendarmerie of Chile (Title III of the supplementary rules) and Article 55 N ° 1 of the Constitutional Law of the Public Ministry.
The young Mapuche held from November 27 until December 16 a liquid hunger strike demanding his release under precautionary measures, to expedite the process, that they call his witnesses to testify, that the expert investigations are transparent, and that the Gallardo family rectify their statements because he is innocent. Because of his critical state of health and the danger of a new cardiac arrest he yields under the deep concern of his family and ends the strike.
At the hearing on December 13, the Court of Collipulli rejects the precautionary measures for lack of evidence. The magistrate requested records which to date Prosecutor Luis Chamorro has not given objectively, and they have not been not clear in the statements made by the witnesses. The Prosecutor Chamorro as always eludes the clarity and objectivity in the matter. While the parole was rejected, the attitude of the Prosecutor is crucial for not doing the job properly lengthening the trials in an irresponsible manner failing in his efforts in the investigations.
In 2009 Leonardo was attacked with about 200 shotgun pellets in his left calf, which he still has, suffering daily the consequences of that attack. To date those responsible for the attack have not been called to justice and this serious violation of human rights has not been repaired.
On December 9, 2009, Leonardo Quijón Pereira is arrested by Research Police in Santiago, where he had gone for medical help for the buckshot wounds, at grave risk to his health. He was charged with crimes of attempted murder against police, arson, armed robbery and illegal possession of weapons. He was subsequently transferred to a closed center of SENAME, located in the commune of Cholchol, where he was held with measure of (temporary internment) preventive detention, for about six months, finally being acquitted in two oral hearings on 14 -18 June 2010 and 13-16 September 2010. It should be noted that Leonardo Quijón after being wounded in the leg, and despite being in a juvenile facility, has not so far received adequate medical attention for his condition and it has to be noted that while in detention he had to move around in a wheelchair. (textual antiterrorism law to minors by LM)
On 1 September 2012 the parcel holder Hector Gallardo of the sector of Chequenco died in incidents in an attempted assault made by 'hooded men' the victim's brother says that despite the hoods he has recognized the three young community members Luis Marileo, Leonardo Quijón, and the minor Gabriel Valenzuela. The young people present themselves voluntarily to the Police Department, claiming to be innocent and making themselves available to justice: nevertheless the supervising judge leaves them in preventive detention giving a deadline of four months for the investigation of cases.
The young man decides to join a hunger strike (1-23 October 2012), losing 10 kilos and with a further worsening of his health: for heart problems he was rushed to the hospital in Angol. Leonardo also suffers from an allergic reaction to a bite of parasites (without displaying improvement, despite antibiotics provided in the prison infirmary), frequent dizziness and headaches, and extreme pain in his leg caused by the 2009 police attack .
On November 27, 2012 Leonardo began a second liquid hunger strike demanding his release on precautionary measures and that those who accuse him of being responsible for the death of Hector Gallardo rectify their statements, giving up on December 16 with a weight of 48,700 kg having started with 54.700 Kg His condition is critical, dizziness, headaches, leg injury, headaches, cramps, insomnia, weakened state are some of the symptoms that accompany him.
It must be emphasized that the violence exerted against the social struggles in Chile, mainly against the Mapuche people violate the fundamental human rights that the government has ratified. See the reports of the Universidad Diego Portales and Amnesty International in 2012.
Leonardo Quijón Pereira is a victim of the repressive policies of the Chilean state as a means to silence the social struggles of the Mapuche people. A political issue that no government has been able to solve. A historic debt that Chile should answer instead of criminalizing innocent young people who fight for a better life.
I take my leave telling you that Leonardo is a young man full of principles of dignity and who despite his serious health situation performed small tasks for the subsistence of his family. An example of human values of whom Chile should be proud, a young Mapuche who is a treasure for humanity.
Given the gravity of the health status of Quijón Leonardo, who is innocent and again unjustly accused, I request his Freedom and that he be urgently treated in a specialized clinic with competent doctors, to expedite the judicial process, and also that he be compensated for the damages of the attack in 2009.
Maricheweu President (Germany)
Association for human rights of the Mapuche
Attached: Reports of Dr Luis Umaña Rosales Human Rights Commission of the Chilean Medical Association.