2023-06-24 01:34:03
The Mapuche referent Facundo Jones Huala must wait until July 27 to find out if the extradition process to Chile is advancinge, who demands it so that he can finish serving the sentence imposed on him by the Justice of the neighboring country.
Ehe federal judge Gustavo Villanueva resolved to postpone the trial that had been convened for next July 3. This was established in a resolution this Friday, June 23, spread by the lawyer Eduardo Soares, who defends Jones Huala.
“In attention to what was previously reported and requested by the technical defense of Francisco Facundo Jones Huala, when the reasons invoked are admissible, the start of the debate hearing is postponed established in the device III of the providence of pages 651/6 for Thursday, July 27 of the current year, starting at 10:00 a.m. resolved the magistrate, who subrogates the federal court of Bariloche, where the case is processed.
Villanueva recalled that the trial will be held at the headquarters of Squadron 36 “Esquel” of the National Gendarmerie“to guarantee the security of the external perimeter and during the development of the hearing, as well as Unit 14 of the Federal Penitentiary Service (which must arbitrate the means to make the required person appear at the designated venue, guaranteeing his insurance and reinstatement to the establishment once the act has concluded).
Soares explained to BLACK RIVER what “Both the court and we had some problems. The defense had other hearings on the same day. And the court evaluated the snowfalls and storms as difficulties “. “They and we spoke and they asked us for a letter requesting postponement and they set that day as a new date,” said the member of the Association of Lawyers of the Argentine Republic.
a different judgment
A few days ago, Jones Huala’s defense criticized the judge’s decision to dismiss evidence for the hearing, such as calling several witnesses to testify at the hearing.
Villanueva recalled that the Supreme Court established that the extradition process “does not have the character of a true criminal trial, because it does not involve the knowledge of the process in the background, nor does it imply any decision on the guilt or inculpability of the individual requested in the facts that give rise to the claim…”
He warned that there is a very limited framework for action in an extradition process, that “prohibits the judge of the requested state the possibility of analyzing the merits of the file processed in the requesting Nation”.
The judge pointed out that “the question related to the alleged existence of a political crime or political persecution in the requesting country with respect to people who identify themselves as belonging to the Mapuche people It has already been addressed and ruled out by this headquarters and the Supreme Court when confirming the origin of the extradition of the requested to the Republic of Chile -for the same crimes for which he is now required-”.
At the end of February 2018, an extradition trial was made once morest Jones Huala in Bariloche, at the request of the Chilean State. Villanueva directed those hearings. At the beginning of March 2018, the judge declared the extradition admissible, but Jones Huala was transferred to Chile in September of that year, following the Supreme Court ruling that validated the sentence of the federal judge.
Tried and sentenced in Chile
At that time, Chile requested the extradition of Jones Huala to be tried for the crimes of arson in an inhabited place and illegal possession of an artisanal firearm. In December 2018, the Valdivia Oral Criminal Court sentenced him to 6 years in prison as the perpetrator of the fire in an inhabited house and imposed another sentence of 3 years and one day in prison for illegal possession of weapons.
the trial court He calculated in favor of Jones Huala the 1,178 days of preventive detention that he served in Argentina and Chile. Therefore, on June 26, 2024, he will exhaust his sentence.
On January 21 of last year, the Temuco Court of Appeals granted conditional release to the Mapuche leader, who claims the existence of the Mapuche Ancestral Resistance (RAM). But the Chilean Public Prosecutor’s Office challenged that decision and the Supreme Court of the neighboring country revoked the benefit in mid-February 2022. C.When they wanted to arrest him, Jones Huala had already fled.
On January 30, police from Río Negro arrested him at an address in El Bolsón and since the beginning of last February he has been detained in the federal prison of Esquel, where he will await the second extradition trial.
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