On 14th May 2001 I was walking to work at 12.55, thus my workplace is very near my home, when I was detained by the police, accused of having supposedly committed a robbery. When I deny the allegation, they introduce me in the patrol car and started intimidating physically and psychologically to me. They carried me to the PGJ, where they continue enquiring me, and when I deny the charges they started hitting me. I was told that I had committed extreme infringements and that I had to be moved to the CE.RE.SO. (Social Readaptation Centre), where I was prosecuted for the following charges: robbery in a living module, carrying of gun, kidnapping tentative and rape tentative. During the trial, none of these charges could be maintained because of lack of evidences and coherence in the demand against me, as the party accusing me couldn’t prove the accusations made against me.
During the trial, the man that accuses me said that three individuals got into his house, trapped him with a blanket that had a hole on it (that’s how he said he saw my feet and recognized me); her daughter said that I covered her mouth with one hand, with another hand I hold her breast and with “ANOTHER” one I passed the gun through her vagina. The young woman was pregnant at that moment (now she already has a child) and in my opinion this situation could have lead to an miscarriage. The daughter’s husband said that we pricked him, but the daughter said that her husband wasn’t at home. The two guys that were supposedly with me never appeared, and there’s where I start thinking it’s only me who did everything. On the record it is said that mobile phones, electrical appliances, jewels and other valuable objects were stolen.
I’m condemned to 15 years and 6 months in prison, and a penalty of approximately 6.000 pesos. The day I’m told the sentence I phoned my family to tell them the bad news and my sister tells me that someone had spoken to my mother to offer her help: the stolen amount wasn’t higher than 10.000 pesos, and if we paid her 5.000 she could help me out. My mother trusted this woman and gave her the money, but then she did nothing to help me, so she had stolen the money. During the next visit my mom cried, she wanted me out of this place.
We appealed the sentence and after a few months the appeal favours me, as the sentence is reduced to 12 years and 6 months in prison and a penalty of 6.000 pesos. Immediately we asked for an appeal for legal protection (this time directly) that obtains no benefit and I stay with the same sentence.
At this point you will be wondering why my innocence couldn’t be proved, why if the inconsistency of the declarations and the lack of evidences are so heavy I’m not set free. Well, on this system we are living there are people who study law just to acquire money and a high social status, forgetting the reason why they studied. What I want to say is that most lawyers are only interested in having your money and not in proving your innocence; they don’t care if you have to stay for long in prison. My first lawyer just dedicated himself to ask my family for money, profiting they hadn’t got a clue of laws and the despair of my family and friends to see me free. The second one only received his wage and did nothing on my favour, leaving my case to the legal aid lawyer, paid by the government, who’s part of the same institution that accuses me and that’s only created to leave in jail the poor people. A third one could only reduce my sentence, because the other two had used up all my legal resources and what he found was a case full of negligence against me.
I have been illegally imprisoned for five years now, by those who pretend to defend justice and truth, but who really are based on meanness and injustice. I know I’m innocent and that my external appearance was a big cause for my arrest, as in this society dressing on a different way is very bad seen, and if you do so, you are considered a criminal. Now I’m waiting for a new lawyer who can check my legal situation , just to see what can be done on my favour, as the other lawyers had worsen it. Some of my mates outside are in charge of everything (I’m very grateful for that) and I feel really positive to gain my freedom this time. During the whole trial my family has always been there, as well as Adriana, my girlfriend, and most of you, who had supported me during the procedure until today. Thanks a lot for that.
During the trial, the man that accuses me said that three individuals got into his house, trapped him with a blanket that had a hole on it (that’s how he said he saw my feet and recognized me); her daughter said that I covered her mouth with one hand, with another hand I hold her breast and with “ANOTHER” one I passed the gun through her vagina. The young woman was pregnant at that moment (now she already has a child) and in my opinion this situation could have lead to an miscarriage. The daughter’s husband said that we pricked him, but the daughter said that her husband wasn’t at home. The two guys that were supposedly with me never appeared, and there’s where I start thinking it’s only me who did everything. On the record it is said that mobile phones, electrical appliances, jewels and other valuable objects were stolen.
I’m condemned to 15 years and 6 months in prison, and a penalty of approximately 6.000 pesos. The day I’m told the sentence I phoned my family to tell them the bad news and my sister tells me that someone had spoken to my mother to offer her help: the stolen amount wasn’t higher than 10.000 pesos, and if we paid her 5.000 she could help me out. My mother trusted this woman and gave her the money, but then she did nothing to help me, so she had stolen the money. During the next visit my mom cried, she wanted me out of this place.
We appealed the sentence and after a few months the appeal favours me, as the sentence is reduced to 12 years and 6 months in prison and a penalty of 6.000 pesos. Immediately we asked for an appeal for legal protection (this time directly) that obtains no benefit and I stay with the same sentence.
At this point you will be wondering why my innocence couldn’t be proved, why if the inconsistency of the declarations and the lack of evidences are so heavy I’m not set free. Well, on this system we are living there are people who study law just to acquire money and a high social status, forgetting the reason why they studied. What I want to say is that most lawyers are only interested in having your money and not in proving your innocence; they don’t care if you have to stay for long in prison. My first lawyer just dedicated himself to ask my family for money, profiting they hadn’t got a clue of laws and the despair of my family and friends to see me free. The second one only received his wage and did nothing on my favour, leaving my case to the legal aid lawyer, paid by the government, who’s part of the same institution that accuses me and that’s only created to leave in jail the poor people. A third one could only reduce my sentence, because the other two had used up all my legal resources and what he found was a case full of negligence against me.
I have been illegally imprisoned for five years now, by those who pretend to defend justice and truth, but who really are based on meanness and injustice. I know I’m innocent and that my external appearance was a big cause for my arrest, as in this society dressing on a different way is very bad seen, and if you do so, you are considered a criminal. Now I’m waiting for a new lawyer who can check my legal situation , just to see what can be done on my favour, as the other lawyers had worsen it. Some of my mates outside are in charge of everything (I’m very grateful for that) and I feel really positive to gain my freedom this time. During the whole trial my family has always been there, as well as Adriana, my girlfriend, and most of you, who had supported me during the procedure until today. Thanks a lot for that.
Atte. Carlos Alberto Estrada
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