via:attaque

News of our comrade Gabriel Pombo Da Silva

source : Inferno Urbano / Monday, November 21, 2022

Unfortunately, the situation of our comrade has not changed much. Here’s a summary of some new developments after our last statement, published online last April.

Until now, we have always said that, from a legal point of view, one of the problems to be solved is a deliberate confusion about which penal code to be applied. The 1973 Code (which would give a sentence of 30 years, with the application of different remissions of sentence, accumulated over decades), in force at the time of the sentence for the events of 1990. Or the 1995 Code (which would give a sentence of 20 years, without the application of remissions), more favorable to the accused in terms of the length of the sentence. Remember that, in theory, they should always apply the Penal Code that is more in favor of the defendant, but we know what “always” changes depending on who the defendant is. Gabriel continues to be who he has always been and his determination, consistency and clarity certainly do not work in his favor.

In any case, whether it’s the 1973 Penal Code or the 1995 Code, Gabriel should have been released by now, because he’s spent too many years in the slammer. With the typical biblical slowness of Justice, on July 5 came some good news: his sentence could be recalculated to 20 years (so they should give him back several years of life!). As always, things are not easy, the times of state justice are physiologically long and one must add the times of political vengeance. No sooner said than done: this good news corresponds, in reality, to the opinion of the Prosecutor, but it is the judge who will have to decide, he must simply confirm what his colleague has said and then present the new calculation of the sentence to the other competent courts. It is not difficult to imagine that this judge is taking his time (since he has no specific deadline) and that, until today, he has not yet responded. Nothing to be surprised about: if he had applied the law, by now Gabriel would already be free!

Why be surprised? Moreover, on July 6, the day after this good news, the trial for the Scripta Manent operation (we invite you to read more about it, online) ended with exorbitant sentences against various comrades, among which there is Gabriel. Two years for “incitement to crimes and offences”! This is a definitive sentence, with no possibility of appeal, which, for the moment, has not yet been transmitted to the Spanish State, in the form of a European Arrest Warrant… since the Italian State can decide to issue the EAW or not, arbitrarily (a completely legal free will, for sentences between 1 and 4 years). So, it’s the umpteenth legal blur.

In spite of this repressive situation, Gabriel is doing well and remains in good shape, physically and mentally, and he is always on the side of those who fight with dignity, without selling themselves to the enemy. It could be months, even years, before we see our companion again in freedom. It is important that we continue to show our solidarity with his actions.

Freedom for Gabriel Pombo Da Silva!

Freedom for all!