Punta Peuco Jail
The Punta Peuco Jail is a special Chilean jail where military personnel who fought Marxism during the Augusto Pinochet Military Government (1973–90) are imprisoned for that (being Military Political Prisioners). When the left tells the history of that era tells that there were 'Human rights violations' removing the context of a war between Marxist Guerrillas and the Opposition to them (the Armed Forces since 1973) which was declared on 1967 by Carlos Altamirano, who wanted to convert Chile into a Vietnam.[1]
While the winning side is punished (The Anti-Marxist Military personnel), the loosing side (Far-Left Terrorists) is not, they are free or in exile for killing people.
Political prisioners are defined as those who have been deprived of their liberty, not because of the provisions of the laws of a state governed by the rule of law, but for political considerations and contrary to the law.
This is the case in Chile, according to this definition. There are currently more than 200 political prisoners in different prisons, twice as many as in Cuba, sentenced in contravention of express norms of the Chilean Constitution and laws. These people have been persecuted for having fought, between 1973 and 1990, terrorists who tried to seize power and committed serious attacks against the military and the civilian population, with the support of Cuba, the Soviet Union and East Germany, in the latter case all documented by the American author John O. Koehler in his book "Stasi".[2]
Miguel Krassnoff is one of the Military Political prisioners.
Why the persecution against them is not only inmoral by illegal
- The trials and sentences of the Military Political Prisioners are carried out under a Criminal Procedure System repealed for being an archaic system, typical of the Middle Ages, in which the same judge investigates, accuses, prosecutes and sentences. The new system came into force for all regions of the country in 2005. For all that years, all Chilean citizens have been subjected to a new Legal Procedure System that is denied to the Military Political Prisioners. These, since 2005, are subjected to arbitrary discrimination, which is absolutely forbidden in the Chilean Constitution, thus, constituing judicial activism against them.
- No Military Political Prisioner has been convicted for crimes against humanity, genocide or war crimes. Law 20.357 in force in Chile since 2009 typifies specific crimes and does not constitute a mere doctrinal analysis. This law is based on the Rome Statute approved in July 1998. Both the Rome Statute and our law 20.357, establish specifically that they will have specifically state that they will have jurisdiction only with respect to crimes committed after the entry into force of these, that is, as of 2009. No executed conviction of the PPMs leaves no record that they have been convicted of crimes against humanity, genocide or war crimes.
- The Military Political Prisioners are not a danger to society. They are all elderly, with an average age of 80 years. Most of them are sick, some of them very serious. This is why more than 70 Military Political Prisioners have died while deprived of their liberty. When a Military Political Prisioners has been released? or has obtained some benefit? They have never committed a crime. The Military Political Prisioners do not currently belong to any armed institution, they have neither superiors nor subordinates. It is because of these conditions that, being at liberty, they do not represent any danger to society.
- During the period of the Military Government, the Military Political Prisioners belonged to the Armed Forces and Law Enforcement Institutions, hierarchical and disciplined institutions whose members carried out orders. "with promptness and punctuality... to the point of surrendering their lives if necessary", as they expressed in their respective oaths to our flag.
- According to the Universal Declaration of Human Rights, the Inter-American Convention on the Protection of the Human Rights of Older Persons and Chile's own Fundamental Charter, the Military Political Prisioners have been systematically violated several human rights, as if they were not members of the human species or Chilean citizens. Among other rights, the right to life, to equality before the law, to non-discrimination, to due process.
- For the Military Political Prisioners, prison has become a terminal station. The American Convention on Human Rights states categorically that.... "the essential purpose of prison is the rehabilitation and reintegration of inmates". The Organic Law of the Chilean Gendarmerie states that "the purpose is to care for, supervise and rehabilitate prisoners". This is not fulfilled. The Military Political Prisioners die deprived of their liberty and are deprived of their penitentiary rights. The death penalty does not exist in Chile legally!
- The legal, national and international foundations are duly explained in the document dated July 8, 2021, delivered to the Undersecretary of Human Rights of the Ministry of Justice by the inmate of Punta Peuco Miguel Estay Reyno, responding to the call of the Undersecretary for the elaboration of the National Plan of Human Rights.[3]