Tuesday, January 24, 2012

Chile Invokes Chilling Anti-Terrorist Law


Extracts from: Chile Invokes Chilling Anti-Terrorist Law Against Indigenous Mapuche, published by Indian Country.


Chile’s controversial anti-terror law dates back to the 1973-1990 reign of dictator Augusto Pinochet. The draconian anti-terror law allows for suspects to be detained for indefinite periods of time without charge and allows the use of testimony from anonymous witnesses in trials, Forbes Online said. Some aspects of the Pinochet-era legislation parallel the National Defence Authorization Act (NDAA), which was signed into law by President Obama on New Year’s Eve. The NDAA allows for the indefinite detention without charge or trial of people suspected of terrorism, including U.S. citizens detained on U.S. soil.
Chile’s anti-terrorism law was invoked last year against four Mapuche men—activists involved in the struggle for their land rights who were sentenced to 20 and 25 years in prison in what appeared to be trumped up charges under the anti-terrorism legislation. “What is happening in Chile isn’t justice; it’s a pantomime, because under the anti-terrorism law, there is absolutely no way justice can be done,” said José Venturelli, spokesman for the European Secretariat of the Ethics Commission against Torture. The Mapuche are Chile’s largest indigenous group, numbering nearly one million among Chile’s population of more than 16 million. Their struggle for their land rights has frequently pitted them against not only forestry companies but also large landholders and other private interests.
Under Chile’s anti-terrorist law, prosecutors may keep their evidence secret, anonymous witnesses can testify for the prosecution, prosecutors may apply for powers to tap telephones and intercept correspondence, e-mails and other communications, suspects can be held for up to 10 days before formal charges are brought, and detainees often face long periods of pre-trial detention and disproportionately long sentences.

Today was one of those days I had to look at a calendar and check the date, yes it is 2012. (Unless of course you’re Jewish and it’s 5772, Muslim 1433 or Mayan, very worried.) And not the middle ages and the Spanish Inquisition, not seventeenth century America and the Salem witch trials and not the 1930’s and Nazi Germany.

Franz Kafka wrote ‘The Trial’ in 1915 & based it upon anti-Semitic laws then in force in the Austro-Hungarian Empire:

The central character, Joseph K. is arrested one morning, apparently victim of a slander. The two policemen that arrest him refuse to give any explanation.  He is tried in a court that prevents any access to its Judges, and that does not recognize his legal right to a defence. The court proceedings remain secret and the bill of indictment is not accessible to the accused, nor to his lawyers, and even less to the public in general. The accused is therefore unable to defend himself, since he doesn’t know of what he is being accused. After this entirely non-transparent proceeding, the Court orders the execution of the unfortunate Joseph K.


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