Observatory for the Protection of Human Rights Defenders Annual Report 2006 - Brazil

Arbitrary detention and judicial proceedings against Mrs. Juana Calfunao Paillalef²⁰

On January 4, 2006, Mrs. Juana Calfunao Paillalef, lonko (traditional chief ) of the "Juan Paillalef " Mapuche community in the municipality of Cunco in Temuco, was arrested at her home by special police officers on the order of the Temuco Court of Guarantees. Ms. Mercedes Paillalef Moraga, Ms. Arleni Calfunao Sandoval, Ms. Carolina Landero Calfunao, Ms. Rosnelia Neculman Calfunao, Ms. Relmutray Cadin Calfunao and Ms. Catalina Ramírez Calfunao, members of her family and of the community, were also detained at their homes and were released after an identity check.

On January 5, 2006, Mrs. Calfunao Paillalef was charged with "public disorder" and "threatening security forces" before the Temuco Court of Guarantees, and was remanded in custody at the Temuco women's prison, awaiting the trial into the charges against her and her sister, Ms. Luisa Ana Calfunao Paillalef, who was indicted for the same offences.

Between January 10 and 22, 2006, Mrs. Juana Calfunao Paillalef went on hunger strike in order to protest against the violations committed against the members of her community.

On February 22, 2006, the Oral Criminal Court of Temuco gave Mrs. Juana Calfunao Paillalef and her sister a 61-day suspended prison sentence for "public disorder", required them to report to the Temuco police station every fortnight during the year, and banned them from public office during the same period. They were given another 61-day suspended sentence for "threatening security forces". Mrs. Calfunao lodged an appeal against the decision.

On November 15, 2006, the Temuco Court of Appeal upheld her conviction for "public disorder". Several members of the Mapuche "Juan Paillalef " community, who were outraged at the announcement of the verdict, initiated a boisterous protest. Mrs. Juana Calfunao was then allegedly physically assaulted by guards present in the room, which prompted a violent clash between the officers and the Mapuche, some of whom allegedly physically assaulted representatives of the public prosecution.

Following these events, Mrs. Juana Calfunao Paillalef was detained along with 10 other people. One of her sons, Mr. Jorge Landero Calfunao, was subsequently arrested in the vicinity of the court house. All 12 were charged with "offences against the authorities, qualified damages, minor injuries and stealing papers concerning the investigation" in connection with the confrontation between Mrs. Calfunao and the guards in January 2006. In addition, Mrs. Juana Calfunao Paillalef was charged with "threats" against one of the prosecutors. She was then remanded in custody, along with her husband, her son and another member of her community. The other eight individuals had their freedom of movement limited, were prohibited from approaching the police officers and the two prosecutors who had been assaulted, and were ordered to report twice a month to the authorities. The judge also imposed a five-month deadline for the completion of the investigation.

Furthermore, Mr. Waikilaf Manuel Cadin Calfunao, another of Mrs. Juana Calfunao's sons, has been detained in the high security prison of Santiago since August 17, 2006²¹.

On November 20, 2006, Mrs. Juana Calfunao was sentenced to 150 days' imprisonment for "public disorder" by the Temuco Oral Criminal Court. By the end of 2006, she remained in detention at the Temuco Prison.

In 2005, following a trip to Europe were she denounced the political persecution of the Mapuche community in Chile, Mrs. Juana Calfunao's home was set on fire by unknown individuals, for the third time since 1998. Furthermore, in December 2005, police officers had attacked the community on two occasions, using teargas and other methods. Mrs. Calfunao's home had been destroyed more than once. Mrs. Juana Calfunao Paillalef and Ms. Ana Luisa Calfunao were arrested at that time and charged with "public disorder" and "threatening security forces", before being released on December 24, 2005, in accordance with a decision of the Temuco Court of Guarantees.

Judicial harassment and arbitrary detention of several Mapuche leaders²²

Acquittal of Messrs. José Osvaldo Cariqueo Saravia and Juan Antonio Colihuinca Ancaluán

On April 3, 2006, the Oral Criminal Court of the city of Angol acquitted Messrs. José Osvaldo Cariqueo Saravia and Juan Antonio Colihuinca Ancaluán, leaders of the Mapuche community, on the basis of a "lack of evidence". They were prosecuted for "acts of terrorism" in connection with an arson attack on the Poluco Pidenco estate, which belongs to the Forestal Mininco forestry company.

On April 17, 2006, the Public Prosecutor and the Forestal Mininco forestry company appealed against the decision to the Supreme Court.

By the end of 2006, no further information had been provided regarding the detention of these two Mapuche leaders or the appeals proceedings.

Arbitrary detention of Messrs. Florencio Jaime Marileo Saravia, José Patricio Marileo Saravia, Juan Carlos Huenulao Lielmil and Ms. Patricia Roxana Troncoso Robles

On March 13, 2006, Messrs. Florencio Jaime Marileo Saravia, José Patricio Marileo Saravia, Juan Carlos Huenulao Lielmil and Ms. Patricia Roxana Troncoso Robles, four Mapuche leaders sentenced on August 21, 2004 to ten years and one day's imprisonment for "terrorist arson", and serving their term at the Angol prison, went on a hunger strike to request the immediate release of all Mapuche political prisoners and a review of their trial by an independent and fair court.

On May 6, 2006, the four leaders were handcuffed and forcibly taken to a care centre where they were forced to undergo a medical examination. Their families denounced this medical examination as a "media stunt" which only consisted of taking their blood pressure and temperature.

On May 13, 2006, the four leaders signed an agreement with the prison authorities, in which they pledged to stop their hunger strike pending the debate on the bill amending the 1925 Decree-Law No. 321. The bill, introduced by Senator Navarro, provides that anyone sentenced for the offences mentioned in the antiterrorist legislation in relation to claims on indigenous land and which do not involve an offence against a person, can be released on parole.

On May 17, 2006, the bill was approved by the Human Rights Commission of the Senate, but had still not been adopted by the end of 2006.

As of the end of the year, the four Mapuche leaders remained in detention and their trial had not yet been reviewed.

End of the judicial proceedings against Ms. Myriam Reyes García

In 2006, the Temuco Court of Appeal acquitted Ms. Myriam Reyes García, a lawyer and public defence attorney, who was charged with "breaching her obligation of confidentiality".

On November 13, 2005, the Court of Temuco had officially launched an investigation on Ms. Myriam Reyes García, following the publication on August 18, 2004 in El Gong, an online Temuco newspaper, of a document from the office of the Prosecutor. This document listed the amounts paid by the Prosecutor's office to witnesses called to testify in the trial of Mapuche leaders charged with setting the property of the logging company Mininco S.A. on fire (this document showed that nearly 20 million pesos – over 32,000 euros – were allegedly paid to about ten witnesses). According to the Prosecutor's office, these amounts were meant to protect the witnesses, although their security was not at risk.

Ms. Myriam Reyes García was charged with having transmitted to the press this confidential document, which proved that the witnesses for the prosecution had been bribed. As her two assistants were not charged, the proceedings initiated against her were likely to have been in reprisals for her defence of Mapuche leaders charged with terrorism and, more generally, for her commitment to the rights of this community.

On December 23, 2005, the Temuco Court of Appeal had lifted the ban preventing Ms. Reyes García from leaving the country, as well as her obligation to report monthly to the Court of Temuco, on the grounds that the evidence presented by the prosecution was insufficient.

Attack on the offices of the Observatory for Indigenous People's Rights²³

On December 9, 2006, unidentified individuals broke into the offices of the Observatory for Indigenous People's Rights (Observatorio de Derechos de los Pueblos Indígenas) in Temuco. They stole six hard-drives from the computers of the organisation, but left all other valuable goods. These hard-drives contained information on the systematic police repression against the Mapuche community, as well as arguments presented to judicial authorities regarding the antiterrorist proceedings initiated against several leaders of the community.

A week earlier, the organisation, jointly with the regional office of the United Nations High Commissioner for Human Rights and other indigenous peoples' rights organisations had organised a symposium on the impact of economic globalisation on indigenous peoples, which gathered 350 participants at the offices of the United Nations in Santiago.

[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

20. See Annual Report 2005, Press Release, February 10, 2006, and Urgent Appeals CHL 001/0705/OBS 056, 056.1, 056.2, 056.3, 056.4, 056.5 and 056.6.

21. See OMCT Urgent Appeals CHL 180806, CHL 180806.1, CHL 180806.2, CHL 180806.3 and CHL 180806.4 and OMCT Press Release, October 30, 2006.

22. See Annual Report 2005, Open Letter to the Chilean authorities, April 28, 2006, Urgent Appeals CHL 001/0406/OBS 049 and 049.1, and OMCT Press Release, May 19, 2006.

23. See Observatory for Indigenous People's Rights.