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== Why the persecution against them is not only inmoral but illegal ==

== Why the persecution against them is not only inmoral but illegal ==

* The trials and sentences of the Military Political Prisioners are carried out under a Criminal Procedure System repealed for being an archaic system, typical of the Middle Ages, in which the same judge investigates, accuses, prosecutes and sentences. The new system came into force for all regions of the country in 2005. For all that years, all Chilean citizens have been subjected to a new Legal Procedure System that is denied to the Military Political Prisioners. These, since 2005, are subjected to arbitrary discrimination, which is absolutely forbidden in the Chilean Constitution, thus, constituing [[judicial activism]] against them.

* 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trials and sentencing of military political prisoners are carried out under a Criminal Procedure System that has been repealed for being an archaic system, in which the same judge investigates, accuses, prosecutes and sentences.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.

* No Military Political Prisioner has been convicted for crimes against humanity, genocide or war crimes. Law 20.357 in force in Chile since 2009 typifies specific 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, establish specifically that they will have specifically state that they will have jurisdiction only with respect to crimes committed after the entry into force of these, that is, as of 2009. No executed conviction of the PPMs leaves no record that they have been convicted of crimes against humanity, genocide or war crimes.

* 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 [[Left Wing Terrorism in Chile|MIR, Mapu Lautaro and Manuel Rodriguez Front]].

 

* 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.

* 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.