Nothing has happened to radically change our comrade’s situation since the publication of his last communiqué (last July), but all the same there is some news that might be interesting for anyone who would like to deepen their knowledge of “legal engineering ” and its labyrinths.
Due to the hierarchy between the different courts the usual delays continue to be very long, and as these delays are the only weapon that judicial power disposes of, moreover, they are getting longer and longer!
It won’t be long before Gabriel will be able to savour freedom again and those who would like to bury him alive know this very well… they know very well that he shouldn’t be in prison at all…they know very well that they should even give him back years of his life!
All the strategic doors required to free him are open and, little by little, one can see something coming… something moving. By applying small doses of “law”, as if it were homeopathic drops … all the reductions in sentence that they should recognize for him have been passed as “pardons” or have been the fruit of superhuman efforts. Since when did anarchists believe in the “Rule of law”?
Given that the procedure at the Court of justice of the European Union, in Luxembourg (where an appeal is being made to obtain annulment of the arrest warrant with which they were able to arrest Gabriel again) is taking a long time, the work of the defence is now focusing on the “extinction” of the sentence (which in reality has already taken place, because he has already served his sentences), by calculations linked to prison regulations.
The judge Alcazár Navarro, of the second tribunal of Gérone, is demanding that our comrade pay 16 more years of prison, but she « forgot » that we must deduct from this count the sentence reductions that Gabriel accumulated during three decades of reclusion and have been acquired (as a “right”) some time ago, already. But the law is so perverse that, even if the reductions in sentence have already been acquired, it is indispensable for a judge to recognize them, otherwise they are not valid (this “detail”, in the mouth of the lawyers sounds like this: “being right is one thing, for them to say you are right is another”!)
Slowly, they are partially recognising that Gabriel is right and, so far, have reduced the sentence by 6 years (for the remissions of sentence calculated on only 8 years out of all those he has done). In the last document requested, we read that “the date of end of sentence” would be “November 2030”… that is already something, but neither can we get excited about it, nor content ourselves with this minimal result. There is still a lot of maths to be done. If all the reductions in sentence were really applied, they should release him immediately. Here would be a good question: “why are they only doing all these calculations now and why has no judge recognized them until now?” … Clearly a rhetorical question: sometimes even maths is political!
Meantime, a few weeks ago the lawyers presented an appeal to the Supreme Court to recognize Gabriel’s right to a new count of his total sentences, to reduce it to 20 years (and not 30 years), as was decided in 1990 by the court of Orense on the basis of the Penal Code of 1973, which was in force at the time), given that in 1995 a new Penal Code came out allowing this revision of the sentence (remember that everyone has the “right” to have the most favourable Penal Code applied, with retroactive effect).In recent months, the Orense court has denied this “right” three times and the waiting time before the Supreme Court examines the appeal can be 6-8 months (this is the “normal” delay, if there is no will for revenge on their part).
Yet again, here would be a good question: “Why, after so many years, do fundamental questions like this still have to be resolved?” The answer is simple and has to do with “nature” and “human culture”: the dignified nature of an anarchist individual, against the culture of power from an essentially perverse legal mechanism! Indeed, in the last 25 years, no judge has openly declared (which would be mandatory) which Penal Code they are applying to Gabriel and the judge Alcazár Navarro (who should do so now) continues to not respond to the many requests for clarification in this regard. In this respect, time is a very powerful weapon in her hands. In short, despite the exhausting wait, the situation is not hopeless: if we are talking about a sentence of 20 years, Gabriel should be released immediately, if we are talking about 30 years, they should continue to calculate his remission of sentence, then “realize” that the sentence has already been fully served… it is “only” a matter of time. If they confirm a 30-year sentence, Gabriel would immediately have the “right” to periods of leave, a less harsh detention regime and parole; we’ll find out soon… the “re-education team” increasingly specializes in writing reports and filling out forms where, if you haven’t demonstrated your willing submission, your past continues to condemn you.
Gabriel is very well in terms of health and he keeps his spirits up, he continues to be determined and consistent in his self-discipline composed of sports, books and letters. He sends lots of hugs to all those in solidarity and those who struggle throughout the world.
Freedom for our comrade Gabriel Pombo ! Long live Anarchy !
To write to him : Gabriel Pombo Da Silva
C. P. Mansilla de las Mulas
24210 Mansilla de las Mulas (León) (Espagne)