translated from spanish by sabotagemedia from LIBERTAD A TODXS LOS PRESXS
This report covers the trial proceedings from December 5 to 16th.
Contents:
1. Introduction
2. An Illegal Terrorist Association trial without Illegal Terrorist Association
3. Witnesses continue parading in uniform
4. Police Fantasies
5. Financing and informants
6. The attack on the ANI (National Intelligence Agency) chapter begins
7. Lawyer fees
8. Irrevocable dismissal of Cristian Cancino
9. Some information
10. Situation of the accused
The ongoing political trial against the 5 comrades is a historical trial and unprecedented in recent times, where ideas, positions, forms of life, writings, posters and friendly relations are brought to court.
Discussions extends over the nonexistent links between comrades and the bombings or financing, or go straight ahead to making direct and only reference to texts, posters, zines, books, thoughts and writings. A political trial where in the end the judgment is not even on the 5 that are in the bench of the accused, but an entire antiauthoritarian, libertarian or anarchist environment. Where any sentence added to the long years in prison for the comrades, would be a dangerous precedent for the struggle, being that any radical critique to power would be associated directly with a direct participation in placing explosive devices, without any logic, without any rational sense the door will be left open so that a poster in memory of fallen comrades, a critique of the church or the very existence of God, internationalist beside speculations and sentencing for direct actions. That is why the importance and relevance of this trial for all comrades and not only for the defendants.
This would be a perfect trial for illegal possession of ideas and storage of critiques.
But the trial follows its pace and is plagued of police contradictions, including one of the highlights where a police officer says he requested to raid the squatted social center and library Sacco y Vanzetti on May 22, 2009 (after the death of Mauricio), while there is no written record of that, because it simply did not happen. He’s looking to fit his investigative thesis and with lies is trying to make sense of its supposed conclusions.
An Illegal Terrorist Association trial without Illegal Terrorist Association
Although the nonexistent crime of Illegal Terrorist Association was dismissed, the strategy of the police and prosecutors is based and relies on the existence of a “group” of “conspiracy centers” and a supposed link between 29 attacks.
Considering that without the existence of this crime there is simply nothing or almost nothing, in the political trial are entering “evidence” and “witnesses” related with dismissed crimes, there is talk of squats where there’s no accused in the case (the la idea squat for example) or posters, speeches, texts, etc. in this way to give the impression that behind all this “something is there”.
Witnesses continue parading in uniform.
The high command of DIPOLCAR (Police Intelligence Directorate), Labocar and GOPE and now the BIPE (Investigative Police / Special Police Investigations Brigade) continue stating, emphasizing as common ground that they all began their law enforcement career in the middle of the dictatorship and have “training” in the School of the Americas, the FBI or the Civil Guard.
The statements have been extensive for days, the last of a member of the PDI (Investigative Police) came to last about 8 days where he narrated the investigative line, the tedious reading of zines, posters, graffiti and description of pictures during raids.
To date not yet come to testify or 10 witnesses, considering that the prosecution decided to submit to over 400 (over 90% police, the other neighbors who heard a noise and secret witnesses) it is likely that the pace is slow. It is worth remembering that prosecutors can present without any witnesses, so the duration of the trial depends on the amount of evidence they wish to show.
Police Fantasies
The extensive police statements have not been without enormous and remarkable delusions. Such as that the squats are the conspiratorial centers closed and inaccessible since they “keep the doors closed.”
All statements make mention of FEAR in the population produced by these artifacts, but when checking with them as to how they come to that conclusion without conducting statistical surveys or some other type of research their clumsy answer is: it is common sense. Showing the same ignorance when asked what is “anarcho-insurrectionalism” which they speak of ad nauseum, they simply say that they don’t know or that they’re not able to clearly explain it.
Another highlight was when such evidence as water pistols found in a squat evidence were exhibited, cleverly described as: revolvers that are apparently fake.
Also found at a home was an old FPMR (Manuel Rodriguez Patriotic Front) brochure from the dictatorship era, where in addition to texts from the organization are descriptions of how to make a homemade explosive device. In the eyes of the “intelligence” police, even when such a device as described in this brochure has not been used in the last 10 years, it is of interest to “lead ahead” to future terrorist acts as the letter bombs being sent in Europe (referring to the series of attacks by the FAI). In conclusion police “intelligence” pays attention to manuals from more than 20 years ago for its leads.
Finally, the police acknowledged that the images “georeferenced” from google earth with which was maintained the accusation and custody of Camilo Perez Tamayo (later dismissed) were copied from a multimedia publication from La Tercera website and in no case elaborated by him as part of the alleged conspiracy plan, such as claimed by the prosecution until the last moment.
Financing and informants
The claims of “financing terrorism” is based on the illegal interception of emails where different comrades agreed to and received money from Italy for solidarity causes. But to cover up the procedures as legal and spectacular, since the police had not requested a warrant to intercept those emails, they decided to use a special intelligence law (Law No. 19,974. On the system of State Intelligence and creating the National Intelligence Agency also establishing the scott-free and ghostly “informant”)
With the figure of the hidden “informant” (even more protected than the shielded secret witness) police try explaining that this person would have provided information regarding the funding of the bombs and that it is the same person who have provided the screen shots of intercepted emails. The absurdity is such that the existence of this informant is only verifiable through the police officers statement.
This time the PDI policeman stated that he allegedly met with this “informant” who provided him with a CD containing the emails regarding the international financing of terrorism. Not only did the emails say nothing of out of this world (since comrades knew or assumed that their communications were being intercepted), but are also provided in the most convoluted and occult ways possible: An informant existing only in the policeman’s statement.
What surely happened is that the emails were seized illegally (without a warrant) and when police decided to launch the police onslaught they needed the data, so they proceeded to create the “informant” in order to use these emails, editing them (removing the previous and later emails) and presenting them as the financing of an organization.
The police investigation as a lengthy statement saying the term informant after giving away the data and had never contacted him, and that this “feared for his life.” All in parallel when the case went from the hands of the prosecutor Alejandro Peña Francisco Jacir, and of coarse and clear.
The attack on the ANI (National Intelligence Agency) chapter begins.
Now that a few heads of police “intelligence” have finished their statements, witnesses of the attack on the ANI are being presented.
On January 18, 2006, at dawn, unidentified persons leave an explosive device consisting of black powder compressed into a small gas cylinder, along with pamphlets signed by the “Fuerzas Autonómicas y Destructivas León Czolgos” [León Czolgos Autonomous and Destructive Forces] at the doors of the ANI. Apparently the device suffered any damage at dawn would then collected by a municipal sweeper, who mistook it for trash and while handling it it exploded causing some injuries.
From the delirious statement of the insect collaborator Gustavo Fuentes Aliaga, Francisco Solar is involved as participant in this event.
Passers by who heard the blast and the police officers who answered the call are being submitted to testify. The prosecution seeks to prove desperately and at all costs the “fear in the population” with questions that border the ridiculous, asking thousands of different ways if they felt “terror”.
Lawyer fees
At a hearing in the court of appeals, it was decided to set a total of 29 million in fees for lawyers of the dismissed of charges of Illegal Terrorist Association.
Strictly speaking, this division of amounts doesn’t follow any formal or logical criteria, it is supposed to be set according to the average of a public defenders work. Some lawyers were set at 2 million [Chilean pesos] per defendant, while others at 5 or 6 million.
On Monday, December 18 will be confirmed or not the payment of these costs, even when it should not be open to appeal the prosecution searches and invents reasons for not paying that money.
Irrevocable dismissal of Cristian Cancino.
Following an appeal by the prosecution to the dismissal of Cristian Cancino, on December 14, 2011 the appeals court maintains the dismissal for Illegal Terrorist Association on the basis that the existence of an illegal terrorist association based on a single person is impossible. Let’s not forget that this was one of the prosecutions motives to not start the trial.
Some information
Since November 28 is ongoing the political trial in the Third Oral Tribunal in the criminal case, led by the judges: Marcela Sandoval (President of the room), Blanca Rojas and Carlos Carrillo
Hearings are every day from Monday to Friday from 9:00 hrs to 14:00 hrs, with compulsory attendance from the comrades. At the (in)Justice Center (Rondizoni Metro)
Hearings are underway in Room 103 of Building C, in the so-called “Sala Emblematica”, the sessions are open to public so anyone can attend with the exception of the testifying witnesses. Those wishing to attend must only bring official ID.
Situation of the accused
Mónika Caballero: With monthly signature since August 1, 2011, after nearly nine months in detention. Facing political trial since November 28, 2011.
Requested Sentence: 10 years and a day for a specific link to a bomb explosion (September 21, 2009 bomb at the Los Sacramentos Church), under the antiterrorism law. Dismissed of Illegal Terrorist Association.
Felipe Guerra: With monthly signature since August 24, 2011 after 9 months of detention. Facing political trial since November 28, 2011.
Requested Sentence: 10 years and a day for a specific link to a bomb explosion (explosion at the Gendarmerie School in May 2009) under the antiterrorism law. Dismissed from the Illegal Terrorist Association accusation.
Carlos Riveros: With monthly signature since August 24, 2011 after nearly nine months in detention. Facing political trial since November 28, 2011.
Requested Sentence: 3 years for being alleged financier of the association. Dismissed from the Illegal Terrorist Association accusation.
Francisco Solar: With monthly signature since August 1, 2011, after nearly nine months in detention. Facing political trial since November 28, 2011.
Requested Sentence: 15 years and a day for a specific link to a bomb explosion (explosion at the State Defense Council, National Intelligence Agency in January 2006 and Chilectra La Cisterna in October 2007) under the antiterrorism law. Dismissed from the Illegal Terrorist Association accusation.
Omar Hermosilla: With monthly signature since August 24, 2011 after spending about 9 months in detention. Facing political trial since November 28, 2011.
Requested Sentence: 3 years for being alleged financier of the association. Dismissed from the Illegal Terrorist Association accusation.
The delirious insect (Gustavo Fuentes Aliaga): Currently serving a sentence for attempted homicide against his ex-girlfriend.
Requested Sentence: 10 years and a day for the bombings against the Consejo de Defensa del Estado [State Defense Council] and Automotora Atal, under the antiterrorism law. Dismissed from the Illegal Terrorist Association accusation. Lowering somewhat the requested sentence due to his “collaboration”.
See here the previous summary of the political trial (english translation)
END TO THE ANTITERRORISM LAW!
OUR BEST DEFENSE: SOLIDARITY!
FULL ACQUITTAL FOR FRANCISCO SOLAR, FELIPE GUERRA, CARLOS RIVERA, OMAR HERMOSILLA Y MONICA CABALLERO!
THE ONLY TERRORIST IS THE STATE!
