jueves, 7 de febrero de 2008

Report About The Legal Situation Of Carlos Alberto Estrada

(January 2008)
Past December we talked about paying the bail of Carlos Alberto Estrada, 50,000 pesos, so that he could be released under some conditions (he should go from time to time to sign to prison during the rest of the sentence). That’s why it was decided to launch a campaign in order to get that money, but we regret to tell you that it was not possible, only $22,006.64 pesos were collected, thanks to lots of you. Therefore we have to be grateful to you once again for the support given.

When we realized that the total amount could not be paid, we look for an alternative, that is, the payment of a policy (the proportional part of the bail by a guarantor) of 18,000 pesos, copies of the deeds of a house and a copy of the ID card. But when we review the case we noticed that due to the crime he is accused of (“residential burglary”), he can’t apply to the payment of bail. The misunderstanding was due to the fact that they were based on the last reforms done to the crime of theft, saying that if the theft was not over 7,500 pesos he could be released on bail, taking into account that the fine imposed to the skin is 6, 050 pesos, but they didn’t notice that the kind of crime he is accused of made it impossible. It would appear that this situation was due to the fact that the governments and prison institutions decide every end of the year to “open” the possibility for some of the prisoners to get out of jail if they fulfil some requirements stated by them. As some of the steps followed for the preliberation of the skin were not fulfilled, the preliberation was rejected, so the bail option is ruled out.

Before this scenario we seek advice from some lawyers, who confirmed us what the guarantor said. Therefore some of us thought again in the solution of the preliberation and some of us to start with the proceedings of the reduction of the sentence.

REDUCTION OF THE SENTENCE
It consists on writing a document skating the contradictions failures and farces since the moment of his detention, legal procedure and sentence in order to minimize the crime and to make the judge rectify the sentence, giving the skin less years or months of prison. This process can last a few months, and the results can be either of no impact at all and the ratification of the sentence or the rectification of the sentence and reduction of the time of the sentence.

PRELIBERATION
Preliberation is equivalent to the parole, as a benefit for those prisoners who have kept good behaviour and are considered appropriate to return to society. To ask for this benefit, one has to cover certain requirements and the person who has been freed on parole has to go periodically to sign to prison for the rest of his or her sentence.
Until today we have tried that Carlos would receive this benefit, but this was not possible on a first attempt because they rejected the guardianship offers and there are two areas (social work and psychology) that hinder the process.

Knowing this, we talked with the people in charge of these two areas, and we reached the following agreements in benefit of Carlos:
1) They will review Carlos’ ask for preliberation on the next months.
2) They will accept again the guardianship proposed a year and a half ago.
3) Carlos has to fulfil the psychological and social work areas, and he has to continue going to the other four areas.
4) Carlos has to continue with his good behaviour during these months and has to avoid detentions.

The offer that has been spoken with his family and will be told to Carlos is as follows:
A) Ask a lawyer to go on with the paperwork of the reduction of the sentence and take them to the first courtroom in Naucalpan, hiring him only for that purpose.
B) Go on with the preliberation at the same time, fulfilling the requirements and commitments agreed.

It was established that they will review his case between April and May, time when the Technical Committee will assemble and review his case again. We also hope that for that date there is a verdict regarding to the REDUCTION OF THE SENTENCE.

ECONOMIC SITUATION
During the campaign we manager to collect the following donations:

CNA-DF; (the account was newly open with this money) $1000 pesos
OAKLAND CAPS; $5000
MINEAPOLIS: $5900.64
HERMOSILLO: $50
BILBAO: FAP 150 € and CNA Bilbao 50 €: in total $3000
UTAH: Jornalero Records $2,376
XALAPA, VER. Colectivo Anarquista Acción Libertaria, $330
GUADALAJARA Cooperativa Regeneración y Sacco & Vanzetti: $4 350

Total $22,006.64 pesos

The Money has been administered by Carlos family and they are considering the best way to use it. On the next release we Hill give you the answer and a report with the Money collected.

As a final point, we would like to say that the seek of freedom for our mate Carlos has been followed by the solidarity of the libertarian movement, and also of many people outside our movement. This should be a point to think about in order to analyze our social environment and is now so broken in this ghetto.

It can be a bridge between different efforts, between individuals or associations, which have been uncovering the false justice of the government and its extermination centres.

Since the beginning of this campaign we have stressed that the important thing is to reach the freedom of our mate who was unfairly imprisoned as well as many others just for being poor, dressing or thinking different. We are kidnapped in this world so that they can justify their false laws, their morality and injustice falling like rain nowadays in some parts of our country (and in many other parts of the planet), where thy are making things really easy to the law guardians (that is police, army, public ministry, judges, paramilitary people, provokers, fascists, etc…) so that they can continue breaking elementary rights of the human beings so that they can maintain their control and submission of the rest of the population.

That’s why it’s hardly surprising that they are making changes directed to broaden the field of action of these “public servers” so that they can continue violating the society. Moreover, there is now an increase on the punishment for certain actions that are now inside the “terrorism or vandalism” description, to intimidate those who want to create something different to this chaos they offer us as the only alternative fore so many injustices.

The increase of the prison population proves the cruelty and arrogance of these imprisonments, and al this serves to businesspeople, judges, ministers, lawyers, police, etc. to create jobs directed to be controlled by the upper-classed, politicians, ecclesiastical hierarchies, businesspeople, presidents, deputies, senators, mass media, the army and all those who decide to be the spies of the “powerful”.

That’s why our fight for the freedom of Carlos is not a social pretext, but a fight for solidarity and against these institutions of power based on the kidnapping of our people, trying to create fear and subordination on the population.

Solidarity, broadcasting and resistance with prisoner in jail…

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