In Chile, 18 Mapuche on the dock: a mock trial [Click on image to enlarge]
D ix-eight men of the Mapuche indigenous community are accused by many of the Terrorism Act offenses, the principal is to have organized a "ambush" and wanted to achieve, with pistol shots, a caravan of armored vehicles. The firefights were three minor injuries on the side of police.
After two months a semblance of a trial where the prosecution has passed more than 100 witnesses on the stand, most of whom are police officers and witnesses protected "testigos sin rostro " Anonymous, it's the turn of the defense to speak.
The penalties incurred by the Mapuche range from 50 to 103 years in prison. They are accused of being murderers, terrorists, robbers.
But just look a little more closely to wonder who really is the victim
- the complainant forestry company, which owns 700 000 hectares of land?
- the Chilean State , complaining too, which is responsible for the colonization of the Mapuche territory?
- or Mapuche , including all land (per 800 000 persons), while in Chile, and for all communities, less than 600 000 hectares?
This "trial" that the European observers describe as burlesque as it goes against the basic rights the right to defense deserved some attention here in detail .
So we met Michael Barbut, who is closely following this case as an observer for the collective solidarity of the Mapuche people, composed of organizations defending human rights and defense indigenous peoples.
This young French
preparing a doctoral thesis in political science in Paris -I on the process of mobilization and politicization in a Mapuche community in a historical perspective.
After a lengthy interview with Michael, I thought it was better to introduce this topic into two parts, so you better understand the context in which the trial fit. They will talk about the first trial and then the history of the relationship between the state and the Mapuche communities Lieu-Lieu .
The trial
The trial of the nineteen Mapuche began November 8, 2010. Barbut Michael was able to take part in the trial as an observer. [Click on image to enlarge]
Cristina Man: How were you able to follow this trial?
Barbut Michael: The first day I showed my ID, I was saved, I said I was "observer" because I wished that it be notified.
Can you describe this process?
A large room of 50-60 m2 divided in two by a Plexiglas window. On one side the court, on the other the public. Side court, a platform where three judges are sitting with their assessors, clerks, opposite the Crown represented by three attorneys who carry out interrogations. On their side, a legal representative of the forestry company Mininco (which belongs to the powerful family Matte) that is part of the trial as a plaintiff, and two lawyers representing the state, also complaining. Facing them, six defense lawyers, including four private and two public defenders are provided by the state. Behind these lawyers, twelve Mapuche prisoners on eighteen. The other six are not required to be present, they do not come every day because it's expensive: Cañete, where the court is about an hour of communities, by bus. The trip costs 2,500 pesos (4 euros). It's a lot to Mapuche farmers.
What is the framework of the charge?
Many crimes are more serious at stake is what the prosecution calls the "Fiscal Elgueta attack" in October 2008. Elgueta was to investigate the "Mapuche conflict" in the region.
The theory of the attack or premeditated ambush is denied by the defense, but also by people like Judge Guzman speaking of confrontation and legitimate right to defend itself. The charged wishing to prevent the police (came in armored and strength: fifteen vehicles) to carry out a violent raid, a "allanamiento" , as the police regularly in Mapuche communities, destroying everything, using and usurping the power of intimidation means that the occurrence of 50 or 100 soldiers helmeted and armed in a small house in sheet, ripping open bags of seeds, destroying crops, agricultural tools, and shoving women and children.
there were deaths? Seriously injured during the shootout?
After an exchange of fire that occurred on the road along the Mapuche territory, there were three minor injuries. The Public Elgueta and two policemen. To do this, and for a series of other minor offenses, some Mapuche defendants may pay between 50 and 103 years in prison ...
What other crimes allegedly committed the Mapuche?
They are accused of setting fire to the forest companies and properties stolen timber. And that's where the rub, because if the land belongs legally in this company, and they have a paper that certifies their property, it is the product of expropriation in the nineteenth century, whose victims were the Mapuche communities (see the rest of this article coming soon).
These crimes refer to a political conflict. Therefore, over the trial of the Mapuche, the courts are transformed into a space of political expression.
land expropriation is a relatively new issue here: the Mapuche territories were annexed there are only a hundred years by the Chilean State has undertaken leave the land and to encourage the installation of settlers from Europe to the detriment of the Mapuche. The laws of the time clearly show
The Mapuche have they created an association?
You can not really speak of an association, it is a political organization that was founded in 1997, the Coordinadora Arauco Malleco (CAM). It is then composed of young Mapuche who are not satisfied with the new relationship between the Mapuche and the Chilean State, when the democratic transition. This organization intends to rebuild the country Mapuche ancestral claims control of Mapuche territory. It thus echoes the ILO Convention 169 which provides for indigenous peoples the right to exercise sovereignty over their ancestral territory. The Convention was ratified by the Chilean State.
What strikes you when you look at the accused?
youth from their faces. And their laughter, smiles and tenderness of their faces in the dining room to run if the public their family. All this contrasts with the charge of terrorism and the demonization made by some media. Sometimes they sleep too: one of them told me it was due to voltage drops, the legacy of the long hunger strike they all followed between July and October 2010.
