2007 - 2012 Five years after the arrest of Victor Toro in the United States
"The true man does not look to where he can live better; he looks to where he can assume a commitment. He is the practical man, whose dream today will be the law tomorrow. He has seen the cries of his people boiling over, bleeding over the centuries. He knows that his fate is intertwined with his commitment.” José Marti
Five years have passed since my arrest on July 7, 2007 in the city of Buffalo (Rochester) after which I was transferred to the Cayuga jail .
At the time of my arrest and the charges pressed against me, I was accused of one crime: the violation of immigration law whose consequence would be deportation if I was not able to pay $5,000 bail to set me free. That would enable me to continue the legal process for the crime of having illegally entered the United States by way of the Bravo River from El Paso city, coming from Juarez City, Mexico on January 23, 1984.
The agency that carried out the detention is known as the US Border Patrol. I was detained in the city of Rochester in an Amtrak train when I was traveling towards New York City.
After spending several days in the Cayuga jail and having paid the bail, I was freed and we initiated the defense for my rights as an immigrant as well as the rights and defense of more than 12 million undocumented who have lived and continue to live in the United States.
Our first battle was to have the case transferred from Buffalo to New York the city where the Judges are known for their connections with the Ku Klux Klan. We were able to gain the transfer and as such, we gained a tiny victory.
While we were preparing a defense together with Carlos Moreno, the lawyer, the idea arose to apply for political asylum given my past history of political persecution, of being expelled, exiled and jailed by the Pinochet dictatorship. During that time, I was tortured and sent to various concentration camps and torture centers of the fascist regime that governed Chile for 17 years. This also permitted us to demonstrate the interference of the United States in the military coup of September 11, 1973, as well as the military support in the cover-up of torture. It permitted us to expose Operation Condor, the support of the Chicago boys, the IMF, the Pentagon, and US authorities from the era of the sinister war criminal Henry Kissinger. That was what we did, applying for political asylum and we uncovered the faces of those responsible for what occurred in Chile, namely the overthrow and assassination of President Salvador Allende, and the subsequent violation of human rights by Pinochet and his gang. We were thus transformed from the accused to the accusers of the Yankee government. That permitted an unusual coverage in the media in the gringo, Latino and international press in repeated stories we began to make a case against imperialism in the belly of the beast.
In giving priority to the struggle of more than 12 million undocumented, to their struggle for legalization; to the battles against deportation and raids; to the work around May 1st from 2006 onward; to the activism in the Bronx; to the courts; to the hip-hop era youth, women and homeless; to the poor and marginalized by the crisis that threatened the richest of the world, and after the long and tiring sessions in the Manhattan court, now after almost 3 years, la Migra and the government of the United States reached for papers in the dirty files of the CIA, the FBI and their ex collaborators of the DINA Secret Service. With the help of the Chilean embassy a mountain of new accusations came up for being a member of a revolutionary organization in Chile, the MIR from 1965 onward.
These thugs dressed as 21st century attorneys, based on newspaper accounts, accuse the MIR of being a terrorist organization, something they were never able to demonstrate since the papers sent by agents of the United States and the bandits of the Pinochet regime were nothing more than articles cut from some daily newspapers. There were also anonymous declarations from Chile as well as the United States. There were not even declassified papers from the Pentagon that were able to prove these falsehoods.
Reference was made in a variety of publications about my connections and membership in the MIR. I was considered by the attorneys to be an accomplice to terrorism and this new wave of accusations led to profound debates and public interrogations about these themes. This led the judge to deny the accusations that the attorneys made against me with regard to terrorism. Despite the fact that Judge Sarah Burr denied me political asylum, paradoxically they did not arrest me and did not deport me. On the contrary, they gave me the right to appeal. We have fought this anti-imperialist battle for five years in the very heartland of those guilty of military coups not only in Chile, but in all of Latin America.
Today we are proceeding under the direction of the legal clinic of the University of the City of New York, MAIN STREET LEGAL SERVICES, INC., the CUNY School of Law, under the supervision of the lawyer Elizabeth Newman and the Immigrant and Refugee Rights Clinic.
With them we have continued along a new road with new and old demands under different circumstances, following the decision of the Judge Sarah Burr, the appeal was made and a new legal pathway was opened which consists of the following:
1. Follow-up with the petition for family reunification given the fact that I have remained in the United States for more than 10 years, having lived for 28 years in this country. For being married to a North American citizen, having a resident daughter and granddaughter who is 100% gringa born in the land of Malcolm X and Rosa Parks.
2. We will return once again to the question of political asylum with new arguments, once again accusing US imperialism for intervention in Chile yesterday and today. We will describe in detail the existence of the tentacles of Pinochetism and their followers today dressed with shirt and tie in the government of the entrepreneurs. We will give justice to the heroic struggle of MIR against the dictatorship and throughout their history for this struggle to establish in Chile a democracy of the people, in service of the people.
3. We will pursue other legal options that are still secret and that over time will be made known.
As one can see after five years of being arrested, I continue to be in chains, immobilized, without permission to work, in the city and country converted into a jail. This is where 5 million human beings are imprisoned in their residences. Others have electronic bracelets imposed by the law. Others are on parole or freed on bail etc. etc. Almost 3 million human beings in this country are in jail. Some are in places like Guantanamo and others languish in clandestine jails in the exterior imposed by force by slavish governments.
After so many years of confronting adverse realities, on the 23rd of January 1984, I crossed El Rio Grande with the El Paso Times under my arm, with the help of Mexican revolutionaries. I did so after various attempts, arrests and returns to Juarez. I finally entered on that beautiful Sunday in an airplane that flew through the skies and helped me cross the border in order to enter the center of the imperial empire. Here I am once again in the 21st century in July of 2012.
It never crossed our minds to harbor any illusions about justice of the unjust Gringo courts. We could have ended up as another death, chalked up by the Chilean dictatorship while others look the other way. I was one of the founders of the MIR on August 15, 1965. I am a son of the working class and as a fighter for social justice. Our principal fronts of struggle are in the sweatshops, in the communities and in the countryside, together with the agrarian and urban workers. We work for community education and political education. We work to construct alternatives for those below, to roll over those above. We work for the poor and marginalized who are pounded by the current crisis. My life has become intertwined with the May 1st mobilizations and their unified coalitions. We work with Occupy Wall Street, with the unemployed, the homeless, and with lesbians and gays in their struggle for basic rights. We are there in the struggle against domestic violence and in defense of the original peoples. We struggle for the liberty of political prisoners. I dance with those who dance Salsa and Merengue. I sing with the brothers and sisters who do Hip Hop and Rock. I love the Mexican rancheras and the songs about the Mexican revolution. Through struggle, dance and song, I break the chains of oppression and gain a little bit of freedom. While I emancipate myself, I help in the emancipation of all my exploited and oppressed brothers and sisters of this earth.
Just as during that day that I left the Cayuga jail, I proclaimed that it is the right of immigrants to have health care, employment and education as well as immediate LEGALIZATION for the already 20 million undocumented persons here. They have a right to an immediate end to deportations and an end to the raids. All immigrants languishing in the jails and concentration camps have a right to their liberation in all cities across the United States.
No more construction of racist, anti-immigrant border walls!
No to false and fascist “Secure Communities”! This is state terrrorism!
No to Obama’s Anti-Terrorist Law, a law directed against workers and peasants, against popular leaders and activists! This is a violation of all civil and human rights!
Support Family Reunification! Support just salaries in accord with the law! No more slave labor! Support the 8 hour day! Support human and civil rights! Support the right to mobilization, to protests, marches and strikes! Support the right to rebellion against the system that keeps us oppressed! We must build autonomous power with our community organizations! WE MUST CREATE PEOPLES POWER ON A COMMUNITY LEVEL!
NO TO IRON BORDERS AND SECURE COMMUNITIES AND NO TO THE ANTI-TERRORIST LAW OF BARAK OBAMA, WHICH IS FASCISM AND STATE TERRORISM!
SUPPORT ALL JUST CAUSES OF THE PEOPLES AND WORKERS OF LATIN AMERICA AND THE WORLD! FOR PROLETARIAN, GUEVARISTA AND BOLIVARIAN INTERNATIONALISM!
CONFRONTED BY THE CRISIS THAT IS BATTERING US, WE WILL FIGHT FOR SOCIAL REVOLUTION! NOT ONE DOLLAR FOR WALL STREET! WE WILL FIGHT FOR PEOPLE’S POWER, FOR GOVERNMENTS OF THE WORKERS! WE WILL FIGHT FOR SOCIALISM AND PEOPLES ASSEMBLIES!
The Justice system, the attorneys, the Supreme Court and their decisions are worthless.
As Che said: never believe in imperialism!
Long live the bandit JOAQUIN MURIETA!
Long live Gabriela Mistral!
Long live ROSA PARKS!
Long live Zapata!
Long live Pancho Villa!
This is not just a life long struggle. We will continue until final victory!
To all who have helped us with your letters, publications, interviews and testimonies we feel that you are part of our struggle and we appreciate you as our great family of fighters for social justice.
To all those who have ignored us to and who stay enclosed in your small sectarian sects with false internationalism, reconsider your ways because here in the belly of the monster, we struggle as part of the larger battle of the exploited and the poor of this world for their liberation.
Although you might not believe it, we will be victorious
by Victor Toro Ramirez, ex-political prisoner from the Pinochet dictatorship, with the order for deportation from the United States; founder of the MIR of Chile. Also arrested by LA MIGRA and today still undergoing a legal process in the courts of the United States.
The day in which Melinka left the Cayuga jail in July 2007
"I do not want to be hanged in the public plaza as in the case of Joaquin Murieta in 1851" by Victor Toro as he left the Cayuga jail in New York in July 2007.
To all those in solidarity around the world, to the immigrants and workers of the the United States.
Victor Toro Ramirez left the Cayuga jail, but he continues to be in the hands of La Migra and the Federal Government. For that, the struggle continues for his total freedom and for the unconditional amnesty for the 12 million immigrants considered to be illegal by the Anglo Saxon government.
We thank with all our heart, the multifaceted solidarity coming from all corners of the world and for that we have been able to make a step forward, and to get our brother Victor out of jail. Nonetheless, our objective is amnesty for all.
Victor sends all of you his warm embrace and greetings. He is very strong and ready to face any consequences in order to reach victory.
With history on our side, WE WILL WIN!
Total freedom for Victor!
Amnesty for the 12 million immigrants!
Legal papers for all NOW!
No more raids by La Migra!
Some tasks for those who want to support us:
1. Send greetings and messages of support; write and reproduce publications in the press; translate and resend all that can circulate within the network.
2. Provide economic support to pay the bail that the judge imposed.
3. Send questionnaires for interviews by the press that Victor can respond to.
4. Sponsor and carry out solidarity events with Victor Toro along with conferences, and various events to which Victor can send messages to.
5. Produce a web site detailing Victor’s legal history and struggle.
6. Put together and send testimonies of persons who knew Victor from any part of the world.
7. Promote the formation of all types of organizations for the legal and informational defense, to denounce the judgment that is being developed against our brother Victor Toro Ramirez.
8. Events can be developed on a national level in the United States as well as on an international level.
9. The situation of our brother Victor and his struggle is inseparable from the struggle of the immigrants of the whole world, as well as the struggle of the oppressed and discriminated, whether by color, sex, or social class. In the United States, it is inseparable from the battle for an unconditional amnesty now for more than 12 million undocumented persons .
10. Wherever there is a friend, a brother or sister in the struggle for Melinka, one can take her own initiative to express solidarity and support.
Peña Movement of the Bronx
COMMUNIQUE FROM THE OFFICE OF THE LAWYER CARLOS MORENO
The Case of Victor Toro: An Absurd Decision
The immigration judge, Sarah Burr has inexplicably negated the application for political asylum presented by Victor Toro. The evidence presented and the testimony of Victor Toro, were of such magnitude that no objective judge would be able to negate the petition for asylum presented by the ex-political prisoner from Chile.
Judge Burr concluded that Victor Toro has taken much time to present his application for asylum and the political conditions in Chile have changed sufficiently so that he can return to Chile without problems. That conclusion on the part of Judge Burr ignores the testimony presented by Victor Toro.
Victor Toro’s legal team expressed concern from the moment in which the lawyers for Homeland Security introduced the ghost of “terrorism” in the case of Victor Toro. The concern is that the accusation of terrorism, despite being unfounded would cause the court to decide the case in a manner that is not just or objective. The decision of Judge Burr demonstrates that our concern was valid.
QUESTIONS WITHOUT ANSWERS
How can there be a negation of political asylum for a man whose efforts on political and social levels represent the essence of what should be political asylum? How can the persecution suffered by Victor Toro during the military dictatorship of Augusto Pinochet which was financed by the United States, be ignored? How can the risk be minimized that Victor Toro confronted then and would confront today as a target of Operation Condor?
APPEAL! APPEAL! APPEAL!
We will appeal what we consider to be an unjust, irrational and unexplainable decision. We will raise our voices so that the highest circles of power in the United States will hear us.
Carlos Moreno, Esq.
THE MANUFACTURING OF
POOR PEOPLE - AT HOME & ABROAD
POVERTY IN US ALMOST AS BAD AS NORTH KOREA
POVERTY IN THE LAND OF THE FREE
46 MILLION AMERICANS LIVE IN POVERTY
POVERTY RATE JUMPS IN RURAL AMERICA
TEN WAYS TO FIGHT POVERTY IN AMERICA
POVERTY RATE IN THE U.S SOARS
AMERICA GETTING POORER AND POORER
AMERICA'S WORKING POOR
US CHILD POVERTY RATE SOARS 32%
POVERTY IN AMERICA 08-01-12
POVERTY IN AMERICA: NATION PULLING APART
POVERTY DOWN GLOBALLY, UP IN U.S.
POVERTY RATE HITS NEW HIGH
AS RACIAL INEQUALITY DEEPENS
POVERTY IN THE UNITED STATES
POVERTY RATE TO BE LOWERED BY NEW MEASURE
US CENSEUS REPORT REVEAL SPIKE IN POVERTY LEVELS
THE BLEAK FACE OF U.S. POVERTY
U.S. POVETY RATE CONTINUES TO INCREASE
MORE THAN 1 IN FIVE CHILDREN LIVING IN POVERTY
HALF OF AMERICA LIVING IN POVERTY
US POVERTY RATE HEADS TOWARDS HIGHEST LEVEL IN 50 YEARS
THE US POVERTY RATE
MORE AMERICAN WORKING AND LIVING IN POVERTY
CENSUS SAYS NEARLY 46.2 MILLION LIVING IN POVERTY
POVERTY IN AMERICA: A SPECIAL REPORT
RISING POVERTY AND FALLING INCOME IN THE U.S.
GROWING POVERTY AND DESPAIR IN AMERICA
THE POOR JUST AREN'T NEWSWORTHY
U.S. ADDS 3.8 MILLION TO RANKS OF THE POOR
FACE TO FACE WITH POVERTY
CHILD POVERTY IN THE U.S.
U.S. POVERTY RISES TO FIFTY YEAR RECORD
TENT CITIES RISE ACROSS THE COUNTRY
TENT CITIES, HOMELESSNESS,
& SOUL CRUSHING DESPAIR
ELEVEN FACTS ABOUT POVERY AND EDUCATION IN AMERICA
THE BUSH LEGACY: MORE POVERTY, LESS INSURED
THE UNITED STATES OF POVERTY
POVERTY IN AMERICA: WHY CAN'T WE END IT?
WHITE PAPER ON POVERTY
THE VIEW FROM TENT CITY, USA
MORE AMERICANS LIVING IN POVERTY
THE NEW FACE OF POVERTY
WHAT ITS LIKE TO LIVE IN A TENT CITY
ONTARIO'S TENT CITY GOES FROM 18 TO 400 RESIDENTS
TENT CITIES IN AMERICAN SUBURBAN CENTERS
Documentacion SOBRE COMUNICADOS Y DESCALIFICACIONES (CeDeMA)
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