Carlos Colomer/The Santiago Times Staff
SANTIAGO – On November 7, 2002, the then Major of the Carabineros, Marco Aurelio Treuer Heysende, in charge of the Carabineros group, shot his gun at Alex Lemun’s head. After spending five days in a coma, the young Mapuche died.
Edmundo Alex Lemun Saavedra was born on May 10, 1985. He lived with his family in the Mapuche community Requen Lemun, located in the commune of Ercilla, province of Malleco, region of Araucania. Alex Lemun, was 17 years old and a high school student when he was killed by police officers. Because of his commitment and solidarity with the community and activities related to the claims for ancestral rights of the Mapuche people, the community changed its name to Alex Lemun after his death.
On November 7, 2002, a group of 40 Mapuche men, women, children and elderly people entered the Santa Alicia estate of ForestalMininco S.A. (CMPC) to collect firewood to take home, made fires to cook and show that they were present inside the taken land, an activity they had been doing daily for a few months.
In response to the occupation, a group of Carabineros sent to vacate the area fired tear gas bombs at them. The women, minors and elderly people fled to the Community of Aguas Buenas and some 20 young Mapuche men confronted the Carabineros as they advanced towards the smoke screen that divided The police officers responded by using riot guns. Major Marco Aurelio Treuer Heysende, in charge of the Carabineros group, fired his gun, hitting Alex Lemun in the head.
Members of the Mapuche community assisted Alex Lemun and he was taken by ambulance, but after five days in a coma, he died. The preliminary autopsy report noted that the injury caused by the projectile was vital and although death was not instantaneous it was inevitable.
The case was opened in the ordinary justice system, but a few days after the events, he was transferred to the Military Justice, which in 2004 dismissed the case. Major Commissioner Marco Aurelio Treuer, the policeman who fired the shot that cost Alex Lemun his life, only had one disciplinary process in which he was found responsible: he was given a day’s sanction, transferred from units and promoted in rank.
In light of this situation of impunity, the case was brought before the IACHR in 2009, and the Center for Justice and International Law (CEJIL) subsequently joined in representing the family. The IACHR admitted the case in 2012. The IACHR approved the report on the merits of the case in 2017, condemning Chile for the violations and ordering compliance with reparations and guarantees of non-repetition.
The Chilean State recognized the facts and its international responsibility for the human rights violations that led to the death of the young Mapuche and signed an agreement to comply with the recommendations issued by the IACHR in 2018. In 2019, one year after the signing of the agreement, it is considered that the Chilean State’s compliance with its commitments remains low.
Waiting for a conviction
The case was reopened in the Chilean ordinary justice system and in 2018, the already retired Colonel Marco Aurelio Treuer was remanded in custody on charges of the murder of Alex Lemun. Currently, 18 years after the murder, he is awaiting sentence.
In late September of this year, the Court of Oral Trial in Angol decided to reschedule the hearing and re-examine the case in detail. The date decided for such purposes will be January 21, 2021.
With respect to this case, the former official of the Carabineros, Marco Aurelio Treuer Heysen, is exposed to ten years in prison.
It should be noted that the hearing in question was scheduled to begin this Friday, October 2, but was not finally held and will take place on the date cited above. The Mapuche people and all the Chilean people will be awaiting a sentence that comes 18 years too late.
