COMMITTEE to FREE 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 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 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 Police BUD POWERS for the murder of young RAMOS. That is why they framed him, “criminalized” his human rights work 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. COINTELPRO-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, form 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 1993 that killed many people.
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.