2023-09-18 08:00:00
LThe defense of the Mapuche leader Facundo Jones Huala presented an appeal before the Supreme Court of Justice of the Nation, in a last attempt to avoid extradition to Chile. The Chilean justice system calls for Jones Huala to finish serving the sentence that the Oral Criminal Trial Court of Valdivia imposed on him on December 21, 2018.
The lawyers Gustavo Alberto Franquet Eduardo Néstor Soares, who assist Jones Huala, filed an ordinary appeal for review days ago. The intention is for the Court to review the resolution of the federal judge of first instance Gustavo Villanuevawho declared the extradition of the Mapuche leader to the neighboring country on July 31.
The claim before the CourtThey formulated it following Villanueva rejected the appeal they had presented in the first instance.
Franquet and Soares, who are members of the Association of Lawyers of the Argentine Republic, asked the judges of the country’s highest court that they declare “everything that was done” by Villanueva “null and void.”
And they requested in the appeal that BLACK RIVER agreed that the Court orders a new oral and public trial “in which our client is assured of due process in which he can present the corresponding effective and real defenses.”
Furthermore, they demanded that The Court “must decide the immediate release” of Jones Huala, with the precautions that are considered necessary for their appearance in the new process.
They pointed out that It is appropriate to annul the entire process because due process and the detainee’s right to defense in court were violated.
A casual arrest
PRío Negro police arrested Jones Huala on January 31, in a routine procedure in a home in El Bolsón. There, it was found that he had an arrest warrant issued by the Chilean Justice. At the beginning of last February he was transferred to the Esquel federal prison, where he remains detained pending his extradition to Chile.
The defenders recalled in the appeal before the Court that when “the formal extradition request sent by the Republic of Chile” was received, “The surrogate judge (for Villanueva) converted the preventive arrest into detention.”
Despite the arguments of the defense, which tried to remove Villanueva, who is subrogating the federal court of Bariloche, On July 27, the extradition trial hearing was held in Squadron 36 of the Gendarmerie in Esquel.
Villanueva had ordered the first extradition of Jones Huala to Chile, in a trial that took place at the end of February and beginning of March 2018, in Bariloche. On that occasion the federal court of Bariloche was also surrogate. That extradition was carried out in September 2018, following the Supreme Court ruling that endorsed Villanueva’s ruling.
The magistrate rejected all the defenders’ proposals and gave way to the extradition of Jones Huala to Chile, where He still must serve one year, 4 months and 17 days of the sentence imposed by the Chilean Justice.
Jones Huala was tried and sentenced to 6 years in prison for the crime of arson and 3 years and 1 day in prison for illegal possession of handmade firearms. 1,276 days were computed in his favor for the time he spent in preventive detention in Argentina and Chile.
The Court of Valdivia declared him responsible for having been one of the authors of the fire of a home and other facilities, located on a farm in the Río Bueno area, in the Los Ríos region. The attributed event occurred on January 9, 2013. And due to the illegal possessionl of homemade firearms, which they found at the end of January 2013 during a procedure at the home where Jones Huala spent the night in that area of southern Chile.
Jones Huala escaped in February of last year, following the Chilean Supreme Court annulled the benefit of conditional release that a court in Temuco had granted him.
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