Alvaro Luna Hernandez - Update

From:    "Political Prisoner News" <ppnews@freedomarchives.org>
Date:    Mon, November 30, 2009

Greetings comrades,
please read this petition and update for Alvaro
Luna Hernandez, and help us to fill up as many of
these petitions as possible and return to me to
ignite something under these bureaucrats to
re-open the cases left unsolved in SW Texas and
overturn all of this that set up Alvaro this way.

Yours in the revolutionary spirit,

John ("Twitch") Dolley, Jr.,
Committee to Free Alvaro Luna Hernandez

..."For Prisoners, there is no alcohol nor
flowers, but the night is so lovely, how can we celebrate it?
I go to the air hole and stare up at the moon,
and through the air hole, the moon smiles at the poet..."
- Ho Chi Minh, Prison Diary

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
<http://www.freealvaro.org>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.
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, 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
<http://www.freealvaro.org>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.

     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.,
  <http://www.whitehouse.gov>www.whitehouse.gov
Washington, D.C. 20530
                                                                                <http://www.justice.gov>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
<mailto:twitchon@hotmail.com>twitchon@hotmail.com
Toronto, ONTARIO, Canada
                                                                    <mailto:torontoabcf@gmail.com>torontoabcf@gmail.com


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.

NAME
Signature/Print
Mailing Address                     City,  Zip Code

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
(RETURN TO: COMMITTEE to FREE ALVARO LUNA
HERNANDEZ, P.O. BOX 7187, AUSTIN, TEXAS 78713


Contact John Dolley at: <twitchon@hotmail.com>
www.freealvaro.org

Freedom Archives
522 Valencia Street
San Francisco, CA 94110

415 863-9977

www.Freedomarchives.org  Questions and comments may be sent to
claude@freedomarchives.org