TAKE ACTION: Free Texas Political Prisoner Alvaro Luna Hernandez

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ALVARO LUNA HERNANDEZ

COMITE PRO DEFENSA

ALVARO LUNA HERNANDEZ

P.O. BOX 7187 • AUSTIN, TEXAS 78712 • (512) 320-0511

November 24, 2009

RE: INJUSTICES: A POLITICAL PROFILE, UPDATE

ALVARO LUNA HERNANDEZ is a Chicano-Mexicano political prisoner.

He was born in Alpine, Texas, in 1952, into a racially segregated society, where police ruled the Chicano barrio with an iron fist. On June 12, 1968, Alvaro was with 16 year old Ervay Ramos and witnessed RAMOS murdered in cold-blood by Alpine Police BUD POWERS, a known racist cop with a history of brutality against Chicanos. POWERS never served a day in jail and escaped justice under the protection of the U.S. Judicial system, until his recent natural death in November 2009 in Alpine. Along with the Texas Rangers’ murder of a young Chicano to break union strikers of the United Farm Workers Union in South Texas, the RAMOS and Farm Workers cases were documented by the U.S. Commission on Civil Rights in their 1970 report MEXICAN AMERICANS AND THE ADMINISTRATION OF JUSTICE IN THE SOUTHWEST, (Library of Congress, Washington, D.C.)

As is the case involving other ethnic nationality groups and police, the relations between the Chicano community and the Texas police is one of a legacy of violent confrontations since the illegal colonial occupation of over 50% of Mexico’s homeland territories during colonial wars of conquest and expansionism beginning in the early 1800’s. The U.S. judicial system has always been used by the oppressor occupation forces to enforce colonial rule with its “kangaroo court” systems, to disenfranchise Chicanos and keep them enslaved as an internal colony of U.S. imperialism, and treats them as “foreigners” in their own native homeland. The infamous “LAW WEST OF THE PECOS” saloon-court of Judge ROY BEAN and the Texas Ranger’s history are contemporary “historical sites” celebrating this colonial tyranny enforced against Chicanos in the occupied territories of Texas, New Mexico, Arizona, California, Colorado, and parts of Utah and Nevada, affectionately called “Aztlán” by militant, conscious Chicanos. Despite the false promises of the Treaty of GUADALUPE HIDALGO, signed on February 2, 1848, that ended the war between the United States and Mexico, Chicanos, or Mexican-Americans have been constant victims of outrageous injustices by the genocidal forces of national and racial oppression in violation of international law. With good reason, the United Nations declared “colonialism” an

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international crime and a crime against humanity, yet, these protections granted human beings do not seem to apply to Chicanos and these crimes committed against them have gone unpunished. It is this colonial history that sets the stage for the railroading of a Chicano freedom fighter by the police, the judicial system and the government.

The Alpine Police kidnapped Alvaro from the barrio and charged him with a bogus “criminal” charge, he later beat in court acting as his own attorney. However, during the interim between his initial arrest on this false charge, his release on bond, and the dismissal of the original charge, Alvaro disarmed a racist sheriff in self-defense that resulted in a shoot-out with police. The original pretext of arrest and charge was the end result of police confrontation and shoot-out with police. Had police not filed the initial false charge, the subsequent confrontation would not have occurred. Alvaro was tried in Odessa, Texas, in 1997, on a change of venue from Alpine due to extensive pretrial publicity, on 2 counts of aggravated assault on police. The jury found him guilty on 1 count but not guilty on count 2. He was sentenced by the jury to 50 years imprisonment. He is not parole eligible until the year 2021, under Texas’ harsh aggravated sentencing laws.

Alvaro has pursued on full round of appeals in State and Federal Courts all his State and Federal Court appeals, as well as to the U.S. Supreme Court, which refused to review his case in 2005. For more information on Alvaro’s activities and his case, please visit www.freealvaro.org.

As of this writing, Alvaro’s case is pending review before the INTER-AMERICAN COMMISSION ON HUMAN RIGHTS, a consultative organ of the ORGANIZATION OF AMERICAN STATES, styled ALVARO LUNA HERNANDEZ v. UNITED STATES, No. P-1033-08. The human rights complaint asserts human rights violations against police and invokes the diplomatic right of immunity under international law, in Alvaro’s capacity as a delegate-member of a non-governmental organization, the INTERNATIONAL INDIAN TREATY COUNCIL, to the 49th Session of the United Nations Commission on Human Rights, March-April 1993, held in Geneva, Switzerland, where Alvaro personally addressed the U.N. General Assembly on the human rights violations of U.S. political prisoners, among other human rights violations committed by the U.S. government domestically.

The Alpine Police were well aware of Alvaro’s activism and barrio organizing activities, nationally and in Alpine. They knew Alvaro was attempting to organize the Chicano barrio and was calling for the Federal prosecution of Alpine Police BUD POWERS for the murder of young RAMOS. That is why they framed him, “criminalized” his human rights work

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under the “pretext” of fighting “crime”, used the judicial system to railroad Alvaro, a system that protects corrupt and racist cops. The system had a special “hatred” for Alvaro, as he had been responsible in 1977, for the Federal Civil Rights lawsuits against police and police considered him a “trouble maker” because of his ardent resistance to police brutality, institutionalized racism and injustices against Chicanos in Alpine. COINTELLPRO-like tactics (counter-intelligence programs) were used by the Alpine Police to monitor Alvaro’s legitimate activities, and to frame him and railroad him into prison.

Alvaro is currently held in a repressive “control unit” in a Texas prison, the Hughes Unit, located in Gatesville, Texas. He continues to protest his innocence and calls for civil rights investigation into his police frame-up, as a victim of the U.S. Government’s war on dissent. Alvaro is a brilliant political thinker and revolutionary writer, as well as a “jailhouse lawyer” and a leader of the prison movement, from his “sensory-deprivation” Texas prison cell. He is well known and is officially recognized as a political prisoner by many human rights groups domestically and internationally, contrary to the U.S. Government’s imperialist lie that it holds no political prisoners, while at the same time hypocritically condemning other countries such as Cuba, Russia and China for imprisoning “political dissidents” and violating human rights. Yet, the U.S. judicial system protects real criminals and terrorists like POWERS and LUIS POSADA CARRILES, the right wing monster involved in the bombing of the Cuban passenger airline in 1976 that killed all 73 of the people onboard.

We are calling on all justice, freedom-loving people in the United States and around the world, to support the movement to FREE ALVARO, a classic case of political imprisonment the government wants to keep away from the public eye. Including the hundreds of other men and women imprisoned by the U.S. Government because of their political beliefs, and their opposition to the injustices and militarist adventurism of the government, legitimate actions undertaken and protected by international law. We ask that you call, write a letter, fax, or e-mail PRESIDENT BARACK OBAMA, U.S. ATTORNEY GENERAL ERIC HOLDER, and demand the Justice Department open a civil rights investigation into this police frame-up conspiracy to railroad an innocent man into prison as part of racist and corrupt police and judicial system practices that protects police. This outrageous injustice must be exposed and Alvaro must be free now!

Download the petition at www.freealvaro.org, and sign and mail it to the COMMITTEE TO FREE ALVARO LUNA HERNANDEZ, Main Headquarters, in Austin, Texas, at the address below.

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You may also write a letter of support to Alvaro at the following address:

ALVARO LUNA HERNANDEZ,

TDCJ-CID#255735,

Route-2, Box 4400,

Gatesville, Texas 76597

-PRESIDENT BARACK OBAMA, ERIC HOLDER,

The White House, U.S. Attorney General,

1600 Pennsylvania Avenue N.W., U.S. Department of Justice,

Washington, D.C. 20510 10th Street & Constitution Avenue, N.W.,

www.whitehouse.gov Washington, D.C. 20530

www.justice.gov

If you are interested in forming a Committee to Free Alvaro, and hold other “teach ins” on his case, and distribute literature and other organizing materials, that will soon include posters, T-Shirts, Bumper-stickers, buttons, and DVD’s, please contact us.

COMMITTEE TO FREE ALVARO LUNA HERNANDEZ

P.O. BOX 7187,

AUSTIN, TEXAS 78713

(512) 320-0511

JOHN “TWITCH” DOLLEY, JR., -SARA FALCONER,

National Coordinator International Spokesperson

twitchon Toronto, ONTARIO, Canada

torontoabcf

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PETITION

TO CONDUCT FEDERAL CIVIL RIGHTS INVESTIGATION

BY THE JUSTICE DEPARTMENT INTO THE ALPINE, TEXAS

POLICE FRAME UP OF AN INNOCENT MAN

We, the undersigned persons, petition U.S. ATTORNEY GENERAL ERIC HOLDER to order a Justice Department Civil Rights Investigation into the police, prosecutorial and judicial railroading of ALVARO LUNA HERNANDEZ, and an innocent man, as reprisals for his human and civil rights activism, including his field human rights work related to the Alpine Police murder of 16 years old ERVAY RAMOS, cited by the U.S. Commission of Civil Rights, in 1970, as a delegate of a Non-Governmental Organization (NGO) to the 49th Session of the United Nations Commission on Human Rights in March-April 1993 in Geneva, Switzerland; the Alpine Police wanted to silence him.

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Signature/Print Mailing Address City, Zip Code

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(RETURN TO: COMMITTEE to FREE ALVARO LUNA HERNANDEZ, P.O. BOX 7187, AUSTIN, TEXAS 78713

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Contact John Dolley at: <twitchon>

www.freealvaro.org

COMMITTEE TO FREE ALVARO LUNA HERNANDEZ.doc

Moviemento.pdf

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