Trial Begins in the «Lautaro Case»: Mapuche Community Members Face Over 70 Years in Sentences Amid Controversial Use of «Secret Witnesses»

Original article: Partió juicio del «Caso Lautaro»: Comuneros mapuche enfrentan penas de más de 70 años en un proceso marcado nuevamente por la utilización de «testigos secretos» The oral trial of the «Lautaro Case» commenced today at the Oral Criminal Court in Temuco, featuring claims of political persecution and the controversial use of «secret witnesses» as five Mapuche community members face potential sentences exceeding 70 years as charged by the Public Prosecutor’s Office. The incidents at the center of this trial occurred in 2022 at the San Luis estate in Lautaro, La Araucanía Region. The accused include Pelentaro Llaitul Pezoa, the son of historical CAM leader Héctor Llaitul, along with Luis Menares Chañilao, Luis Fuenzalida Eneros, Jorge Caniupil Coña, and Juan Mardones Sáez.

All five defendants are charged with crimes including robbery with hostage-taking, robbery with intimidation, arson, unjustified firearm discharge, possession of prohibited weapons, and illegal possession of ammunition, leading to proposed sentences ranging from 59 to 71 years of effective prison time. The trial is set to carry on for 29 sessions. On the eve of the proceedings, defense attorney Magdalena Rivera and Ernesto Llaitul, spokesperson and brother of one of the accused, articulated their concerns regarding the trial being a political persecution effort against Mapuche communities and activists affiliated with the Arauco Malleco Coordinating Committee (CAM).

Attorney Rivera specifically challenged the utilization of protected witnesses and the aggregation of charges aimed at securing exemplary convictions. She argued that the Public Prosecutor’s Office has pursued a policy of criminalization that seeks to transform political and territorial conflicts into «internal security» issues, thereby expanding the state’s repressive capabilities in Wallmapu. Furthermore, Rivera asserted that neither the prosecution nor the plaintiffs possess any direct evidence implicating the defendants: «The Public Prosecutor lacks clarity and falls into contradictions, such as asserting a flagrant crime exists while having a high-complexity prosecutor who does not handle cases of that nature,» Rivera explained.

She added, «During the trial, we hope to clarify these contradictions, and we will defend our clients by demonstrating that there is no evidence implicating them. We wish to avoid it becoming another trial against Mapuche community members, which, after three years of preventive detention and a long journey to an oral trial, ends with a sentence requiring us to appeal to annul it in court, proving it is yet another poorly conducted process that seeks decades of prison time without solid evidence,» the defense attorney told Radio Kurruf. Echoing similar sentiments, Ernesto Llaitul reiterated there is «no trust whatsoever» in the impartiality of the judiciary or the actions of the La Araucanía Prosecutor’s Office, additionally exposing the use of «secret witnesses» and accusing prosecutor Roberto Garrido of operating in alignment with corporate interests and far-right sectors linked to large forestry capital in the area.

We will continue to provide updates.