It should have been an acquittal. This was a political show trial with lots of media hype over what was basically a large firework. The aim of the police was to link Monica and Francisco with anarchists arrested on suspicion in the Piñata and Pandora police raids and brand them all as terrorists in an organisation called GAC.
None of this worked out for them despite choosing rabid far right prosecutors and magistrates. There was extensive solidarity and support and instead of 44 years they got 12 years jail, on the basis of blurry security camera photos that ”proved” they were in the city at the time.
Now the Supreme Court has reduced that to 4 and a half and since they have already endured nearly 3 years incarceration we will be planning freedom celebrations soon!!
After 3 years in jail the Supreme Court has reduced the sentence from twelve years to four and a half years for two Chilean anarchist militants who supposedly attacked the Basilica of El Pilar de Zaragoza
The Supreme Court has accepted the appeal by Francisco who stated that he should not have been convicted of a crime of terrorist damages and another separately of injuries, which added together to the sentence of 12 years.
The two Chilean anarchists, Francisco Javier Solar, “Cariñoso” and Mónica Andrea Caballero, “Moniquita”, were accused of placing in the Basilica of the Pilar of Zaragoza an artifact composed by a small butane bottle, gunpowder and a clock that exploded in the central nave and, and caused slight damage to a woman in one ear.
But the Court rejected Monica’s appeal for acquittal, since it considers the evidence of the facts well founded.
Thus, the sentence explains that the two convicts could be identified by the images captured on the day of the events. At the time the photos were claimed to be too blurry to verify identity and in any case would only prove that the couple (now married in prison) were in Zaragoza that day.
Now the Supreme court claims: ‘these images contain with absolute clarity the image of the imputed with their faces uncovered and a cooler bag and a rucksack each’.
The identification was corroborated by the Police, who in the trial swore that the faces of these two people correspond to the defendants.
The prisoners’ appeal argued that the small homemade artifact was intended to target a religious symbol as an element of established power, but not to injure any person.
This is shown by the fact that according to the official opening hours that area of the basilica was supposed to be closed to the public at the time of the explosion.
In addition, the device had no shrapnel in it and there were warnings of its placement before its detonation……
Full text in: http://www.lahaine.org/tras-muchos-meses-en-la
‘We are presented with the challenge of extending the struggle and solidarity, to defend our ties and our ideas, denying that their world is reduced to the four walls that keep them incarcerated.Our jailed comrades will always be present in our struggles and our daily lives. There is no “inside”, nor is there an “outside” only enemies of the state and authority.Death to the state and long live anarchy !.’
Update 1st April: Pepe Galán, Francisco’s lawyer, said he “totally disagreed with the statement that they are the perpetrators” and thinks that “there is no evidence in this regard.”
The good news from the trail was that they were cleared of being a terrorist organisation and the finding that the supposed terrorist group doesn’t exist should apply equally to all the defendants from the Pandora and Piñata anti anarchist police raids, undermining their future trials!
update final day of trial here ¡Death to the State and Long Live Anarchism!’
Dozens of solidarity demos, and fundaisers were held during the trial including in Greece, Germany, Chile and Chiapas.
The only ‘evidence’ produced was a ‘report by experts’ which claimed that the ‘shape and movement of two figures’ caught on a security camera in a nearby bar was ‘similar’ to a computer generated model based on photos of Fran and Monica they copied off the internet. Seriously!
A farcical political show trial
The rest of the evidence was nothing more than an extrapolation of ”we hate anarchists who threaten our privileges and will take this opportunity to justify a general repression”. The chosen judge, Ángela Murillo, is an extreme right wing nationalist who famously jailed the Basque politician Ortegi for his political views (later the Supreme Court annulled the sentence, citing her ‘prejudice’.) On Day 1 every time Fran or Monica mentioned their anarchist beliefs she intervened to silence them.
Then there was the prosecution solicitor, Teresa Sandoval, famous for demanding 5 years prison each for 20 people for demonstrating against the cuts outside the Catalan Parliament.
Catholic Church Inquisition Mentality
And the Catholic Church, which was furious about the ‘firework in the Basilica’ and probably used its connections, various State Ministers at the time were prominent in the Opus Dei sect, to make an example of the alleged attackers.
The reference in a responsibility claim to ‘Mateo Morrall’ refers to an anti clerical anarchist from the 1930s, and the attack on the Catholic Church refers to its unpunished mega crimes during the fascist dictatorship, including the fingering of tens of thousands of innocent people, many of them anarchists for torture and execution by the death squads.
And then there were the 3 magistrates (there was no jury) who were the same ones involved in the prosecution and who had signed the extension order refusing bail after Monica and Francisco had completed the maximum of 2 years in jail awaiting trial while the police desperately looked for some evidence………
‘Anarchist terrorism ‘ ???
When did you arrive in Spain? Who knew? What activity developed? where did you live and with whom? What is your relationship with insureccionalist anarchism? What is your relationship with FAI / FRI? And with the GAC? Is it part of the Commando Mateo Morral? Do you advocate the use of violence for political purposes? Have you been involved with anarchists convicted and imprisoned? Did you write a leaflet entitled ‘armed Pleasure’? ¿Is the firecracker found at your home yours? Do you use the contrainfo.espiv.net websites? Do you use the email service Riseup?
These were some of the questions thrown at Monica and Francisco
by the prosecutor of the Audiencia Nacional Teresa Sandoval…. Both Monica and Francisco have responded only to questions of their lawyers, although some of them were similar.
Why did you come to Spain? “After the bombs case I was subject to police and media harassment.” Francisco said during the trial that in his native Chile, he studied Anthropology. After being charged in the bomb case, for which he spent nine months in custody and three others at home until he was acquitted after the trial, which lasted ten months and the acquittal was upheld by the Supreme Court of Chile. He arrived in Spain in August 2012 and enrolled at the University of Barcelona in an MA on Cultural Identities that drew a 8.5 rating. “I thought of continuing with the doctorate” adds Francisco before the Court, after explaining he had a student visa and remained in Spain with the financial support of his family.
After explaining his personal situation, the defense questions were addressed to the anarchist ideology of Francisco. “I am an anarchist because I believe in freedom where people can develop their potential …” said the accused before being interrupted by the judge Murillo with the phrase “we are not interested”. The lawyer continued asking about what it means to be an anarchist, but again the judge prevented the response broaching “no rallies here.”
Francisco explained that the activities related to anarchism in which he participated in Barcelona were demonstrations, lectures, debates. “All public activities”. “I have nothing to do with the placement of the device” in the Basilica of El Pilar. On the visit to the Basilica of Montserrat in Barcelona, where police said the two suspects were planning an attack, Francisco said that was for cultural interest. “It is not the first Catholic church that I visited in my life. I wore no camera, I made no plans, nor was I intending to place an explosive device there. ” (The Montserrat Church and park are visited by millions every year, finally the accusation that they had planned to attack the church had to be dropped).
¿Did he belong to a criminal organization? “No, not to any organización because I think that curtails individual freedom …”. The judge interrupted again: “Do not tell us your concept of organization because we are not interested”.
It was Monica’s turn. When she was arrested she was 25 years old. She was also previously processed for the ‘bombs case’ in Chile, and acquitted after spending nine months in custody. “I was indicted for belonging to a terrorist organization, placing explosive devices at the doors of a church. A case very similar to this. ” After being acquitted of the bombs case in Chile, where she was studying Visual Arts, she left due to police and media harassment.
“My idea was to work in Barcelona.” she entered Spain on a tourist visa and worked selling pastries to Chilean restaurants, she began to participate in free radios in the Nou Barris area and several cultural centers. She says that the only time she left Catalonia since her arrival in Spain was to visit the Basque Country. “I’ve never been to Zaragoza.”
Are you an anarchist? “I’m an anarchist, I understand that hierarchy is incompatible with my way of thinking. Any form of command or imposed power is harmful … “. The judge interrupted again: “We have already heard that”.
During her stay in prison did she do any writing? “Yes, I have always expressed my ideological position, often in support of other prisoners. I have always shown publicly and openly my solidarity with my colleagues. ”
On November 12, the police came to her home, where she lived with Francisco in Barcelona with an order for entry and search. For four hours they looked for all kinds of material, without there being any lawyer present to represent them, as confirmed by all police witnesses who came to testify at the trial……….
more in Spanish here http://kaosenlared.net/juicio-contra-el-terrorismo-anarquista-sin-imagenes-ni-testigos-del-autor-de-la-explosion-en-la-basilica-de-el-pilar/
Political Show Trial to Justify Repression
‘The prosecution of Monica and Francisco was directly linked by the police to the repression and mass arrests of the Piñata and Pandora raids on libertarian social centers, alleging that all belonged to an unknown conspiracy GAC (Coordinated Anarchist Groups). It came in the context of media scapegoating and inventions (and the infamous new Gagging Laws) used to rally support for the far right ruling PP party. (A function used in the past against the Basque Independence movements until their unilateral ceasefire).
The clear aim of the State was to open the way for a generalised repression of the social, occupation and trade union based anarchist movement, and community resistance campaigns in Spain, by branding all as ‘anarcho insurrectionalists’.’
Finally the State failed to get a judicial decision that would have legalised the existence of the police conspiracy theory invention of the ‘ GAC-FAI-FRI’ terrorist plot, which woulkd have been used to implement anti-terrorism laws against the entire libertarian, independent, sector etc., based on a nonexistent terrorist organization.’
update final day here ¡Death to the State and Long Live Anarchism!’
At the end of the trial, Judge Angela Murillo offered the floor to the two defendants. First Monica defended her innocence and her anarchist ideology finishing with a resounding “Death to the State and Long Live Anarchy.”
The tension boiled over when Francisco appeared about to do the same as his companion had done previously. On this occasion, the judge interrupted before he could say more shouting “do not give us lessons!” She then expelled the entiure audience, who were beginning to applaud the defendants, from the Court amid cries of support for Fran and Monica!
Meanwhile, in the press room the TV screens from which the broadcast session was being relayed were abruptly switched off, all to prevent us hearing Fran say “Death to the State and Long Live Anarchy.”
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Tras muchos meses en la cárcel el Tribunal Supremo rebaja la condena a dos anarquistas
El Tribunal Supremo ha rebajado de doce años a cuatro años y medio la pena para los dos militantes anarquistas chilenos que atentaron contra la Basílica de El Pilar de Zaragoza en octubre de 2013, al considerar que no debe castigarse los hechos como dos delitos, de lesiones y de daños terroristas, sino uno solo.
El alto tribunal ha aceptado el recurso de uno de los condenados, que señalaba que no debió condenársele por un delito de daños terroristas y otro de lesiones, como hizo la Audiencia Nacional, que les impuso la pena de 12 años citada.
Al contrario, el Supremo considera que el castigo, por unos hechos que da por probados, debe ser como autores de un solo delito en concurso ideal que integra a los dos citados, más aún teniendo en cuenta que los daños por el atentado no afectaron gravemente a bienes de interés cultural e histórico (ascendieron a un total de 143.317 euros).
Los dos anarquistas chilenos, Francisco Javier Solar, “Cariñoso”, y Mónica Andrea Caballero, “Moniquita”, colocaron en la Basílica del Pilar de Zaragoza un artefacto compuesto por una bombona de butano, dos kilos de pólvora y un reloj activador que estalló en la nave central y, con un radio de acción de 26 metros, causó daños leves a una mujer en un oído.
La única víctima recurrió también contra la sentencia de la Audiencia Nacional. Fue indemnizada con 22.775 euros por las lesiones y secuelas que sufrió como consecuencia del atentado, pero no se le concedió pago alguno por daños morales, por lo que reclamó un incremento en su indemnización.
El Supremo rechaza su petición, al igual que no acepta el recurso de la otra condenada pidiendo la absolución, pues considera perfectamente fundamentado el relato de hechos probados.
Así, la sentencia explica que a los dos condenados se les pudo identificar por las imágenes captadas el día de los hechos. Algunas de esas imágenes recogen con absoluta claridad la imagen de los imputados con el rostro descubierto y una bolsa nevera y un bolso-mochila cada uno.
La identificación fue corroborada por la Policía, que en el juicio refrendó que los rostros de esas dos personas corresponden a los acusados.
La prueba practicada, afirma la sentencia, evidencia que no sólo se desplazaron de manera furtiva a la ciudad que soportó la explosión de la bomba, sino que estuvieron en las inmediaciones de los hechos en la hora en la que se perpetró el atentado, a donde llevaron las bolsas citadas, de las que se habían desprendido cuando regresaron a Barcelona.
Los presos argumentaron que el pequeño artefacto de fabricación casera perseguía atentar contra un símbolo religioso como elemento del poder establecido, pero no causar lesión a ninguna persona.
Ello lo demuestra, según ellos, el hecho de que a la hora del atentado se cerraba esa zona de la basílica al público. Además, el artefacto no tenía metralla y avisaron de su colocación antes de su detonación.
El Tribunal Supremo aplica el concurso ideal y concluye que por más que la utilización de un mecanismo explosivo compuesto por dos kilos de pólvora y una bombona de gas licuado entraña un riesgo para la integridad física de quienes estén en su onda expansiva, “no justifica la punición separada” y sí la aplicación del concurso ideal.
Texto completo en: http://www.lahaine.org/tras-muchos-meses-en-la