Punta Peuco Jail

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The Punta Peuco Jail is a special Chilean jail where military personnel who fought Marxism during the Augusto Pinochet Military Government (1973–90) are imprisoned for that (being Military Political Prisioners). When the left tells the history of that era tells that there were 'Human rights violations' removing the context of a war between Marxist Guerrillas and the Opposition to them (the Armed Forces since 1973) which was declared on 1967 by Carlos Altamirano, who wanted to convert Chile into a Vietnam.[1]

While the winning side is punished (The Anti-Marxist Military personnel), the loosing side (Far-Left Terrorists) is not, they are free or in exile for killing people.

Political prisioners are defined as those who have been deprived of their liberty, not because of the provisions of the laws of a state governed by the rule of law, but for political considerations and contrary to the law.

This is the case in Chile, according to this definition. There are currently more than 200 political prisoners in different prisons, twice as many as in Cuba, sentenced in contravention of express norms of the Chilean Constitution and laws. These people have been persecuted for having fought, between 1973 and 1990, terrorists who tried to seize power and committed serious attacks against the military and the civilian population, with the support of Cuba, the Soviet Union and East Germany, in the latter case all documented by the American author John O. Koehler in his book "Stasi".[2]

Miguel Krassnoff is one of the Military Political prisioners.

The daughter of Raúl Iturriaga, Loreto Iturriaga, requested help from President Donald Trump in 2017 saying that the President empathized with the situation of the Military Political Prisioners.[3]

Why the persecution against them is not only inmoral but illegal

  • The trials and sentencing of military political prisoners are carried out under a Criminal Procedure System that has been repealed for being an archaic system, in which the same judge investigates, accuses, prosecutes and sentences. The new system came into effect in some regions of the country in 2001 and by 2005 it was applied in all regions. For several years now, all Chilean citizens have been subjected to a new system of legal procedure that is denied to military political prisoners. Since 2005, they have been subjected to arbitrary discrimination, which is absolutely forbidden in the Chilean Constitution, thus, constituing judicial activism against them. The military are judged and condemned on the basis of presumptions and legal fictions that do not exist and are outside the law, such as the figure of permanent kidnapping, which is illogical since the supposed kidnapped person would still have to be kidnapped, and all this in order to be able to judge them. In addition, at the time of sentencing, he is sentenced as a civilian.
  • The judges sought the non-prescription of the alleged crimes, qualifying them as crimes against humanity, in circumstances in which the law that specifies such crimes came into force in Chile only in 2009 and was never retroactive. In other words, several decades after the events occurred, the statute of limitations should have expired. The truth is that, to date, no member of the military has been legally convicted of crimes against humanity and the judges know it, but insist on calling them that way. A crime against humanity would be a crime committed against innocent and unarmed people, and that was not the reality of the guerrilla groups that were confronted by the military, such as the MIR, Mapu Lautaro and Manuel Rodriguez Front (See Left Wing Terrorism in Chile).
  • The fight against terrorism is far from the persecution of innocent people, however, politics and all the media insist on calling them that way, with the clear intention of sensitizing public opinion and justifying these convictions. The justice system knows this and condemns the military, manipulating the law with spurious legal fictions in order to imprison them. Law 20.357, in force in Chile since 2009, typifies concrete crimes and does not constitute a mere doctrinal analysis. This law is based on the Rome Statute approved in July 1998. Both the Rome Statute and our law 20.357, specifically establish that they will only have jurisdiction over crimes committed after the entry into force of these laws, that is, since 2009. None of the convictions of the military political prisoners have been executed and there is no evidence that they have been convicted of crimes against humanity, genocide or war crimes, and even so, the judges insist on calling them as such when in practice they are not.
  • The acts committed by the military were framed in the context of the cold war, and specifically in Chile, they complied with the constitutional mandate to combat terrorist guerrillas, and in the fulfillment of that duty, they confronted armed militias triumphing over them militarily and not simple innocent citizens. Their actions were carried out in the framework of a civil war, but a non-conventional and irregular civil war where the combats were not in an open battlefield, but in cities and places where the civilian population lives. The political breakdown in Chile is not the responsibility of the military, but of political actors who enjoy freedom and no condemnation against them. During the period of the Military Government, the military political prisoners belonged to the Armed Forces and Order Institutions, hierarchical and disciplined institutions whose members followed orders. They did so "with promptness and punctuality... to the point of surrendering their lives if necessary", as they expressed in their respective oaths to our flag.
  • The Military Political Prisioners are not a danger to society. They are all elderly, with an average age of 80 years. Most of them are sick, some of them very serious. This is why more than 70 Military Political Prisioners have died while deprived of their liberty. When a Military Political Prisioners has been released? or has obtained some benefit? They have never committed a crime. The Military Political Prisioners do not currently belong to any armed institution, they have neither superiors nor subordinates. It is because of these conditions that, being at liberty, they do not represent any danger to society.
  • During the period of the Military Government, the Military Political Prisioners belonged to the Armed Forces and Law Enforcement Institutions, hierarchical and disciplined institutions whose members carried out orders. "with promptness and punctuality... to the point of surrendering their lives if necessary", as they expressed in their respective oaths to our flag.
  • According to the Universal Declaration of Human Rights, the Inter-American Convention on the Protection of the Human Rights of Older Persons and Chile's own Fundamental Charter, the Military Political Prisioners have been systematically violated several human rights, as if they were not members of the human species or Chilean citizens. Among other rights, the right to life, to equality before the law, to non-discrimination, to due process.
  • For the Military Political Prisioners, prison has become a terminal station. The American Convention on Human Rights states categorically that.... "the essential purpose of prison is the rehabilitation and reintegration of inmates". The Organic Law of the Chilean Gendarmerie states that "the purpose is to care for, supervise and rehabilitate prisoners". This is not fulfilled. The Military Political Prisioners die deprived of their liberty and are deprived of their penitentiary rights. The death penalty does not exist in Chile legally!
  • The legal, national and international foundations are duly explained in the document dated July 8, 2021, delivered to the Undersecretary of Human Rights of the Ministry of Justice by the inmate of Punta Peuco Miguel Estay Reyno, responding to the call of the Undersecretary for the elaboration of the National Plan of Human Rights.[4]

Some Inmates

  • Manuel Contreras (died in 2015)
  • Pedro Espinoza
  • Álvaro Corbalán
  • Miguel Krassnoff
  • Eduardo Iturriaga
  • Jorge del Río
  • Marcelo Moren Brito (died in 2015)
  • José Zara Holger
  • César Manríquez
  • Hugo Salas Wenzel
  • Carlos Herrera Jiménez
  • Guillermo González Betancourt
  • Juan Fuentes Castro
  • Claudio Salazar Fuentes
  • Alejandro Saez Mardones
  • Patricio Zamora Rodríguez
  • Manuel Muñoz Gamboa
  • Fernando Valdés Cid
  • Fernando Torres Silva

See also

External links

References

  1. ↑ La Lucha Armada en América Latina
  2. ↑ Carta Abierta a Donald Trump - Hermógenes Pérez de Arce
  3. ↑ Hija de Raúl Iturriaga y solicitud de apoyo a Trump: “Esperemos que nos ayude a denunciar”
  4. ↑ VERDADES IRREFUTABLES DE LOS PRESOS POLÍTICOS MILITARES
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