Chile: Carla and Ivan released to full house arrest; Security Case trial preparation suspended again

from liberaciontotal, transl waronsociety:

Carla and Iván leave the prison with full house arrest;
Trial preparations suspended

On February 5, 2013 at 9 AM the preparation of the oral trial began, in which they will decide what evidence will ultimately go to trial. The defense lawyers asked to postpone the trial preparations until March 20, 2013 in order to revise some evidence, also they need some details of the accusation from the prosecution.

After the 12th Guarantee Court accepted the postponement of the trial preparation, the defense asked for the revision of the preventive prison which the comrades are under.

The comrades Carla Verdugo and Iván Silva were arrested on April 17, 2012, carrying parts of an unarmed homemade bomb.

The prosecution asked for a sentence of 5 years (for Iván) and 5 years and a day (for Carla). The comrades have refused the arrangement of an abbreviated trial under the anti-terrorist law (a plea deal in which they would assume guilt and serve the sentence in the street), rejection of the anti-terrorist law and the prosecution’s blackmail.

After spending more than 10 months in prison under the anti-terrorist law, Carla managed to spend a brief period of time on house arrest, which was then revoked. Finally on February 5th the court ordered full house arrest and national confinement for Iván and Carla.

Judge Marisol Ponce refused to use Carla’s sentimental relationship with Juan Aliste as an aggravating factor, as well as considering that the possible sentence could be served in freedom due to their irreproachable conduct before and in prison.

Still the prosecution can appeal to the Court of Appeals with all the obstacles that are presented against the comrades.

We greet the comrades who return to walking the streets. A strong embrace to Carla, who left the San Miguel Prison with dignity–the crematory oven used by the prison guards who wanted to make us forget with a few modifications [1]. Another equally close embrace across the distance to Iván who returns to his loved ones after his stay in the private prison for the confinement of persons called Santiago 1.

March 20, 2013: At 9 AM trial preparation against Carla and Iván.

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Translator’s note:
[1] The text refers to the death of 81 prisoners by fire in the same San Miguel Prison in 2010.

* * *

Trial preparations for the Security Case suspended again;
The prosecution seeks to remove the judge

The preparation of Oral Trial against the compas of the Security Case was suspended in August 2012 after remaining on pause for 5 months awaiting the decision of the “Constitutional Court,” finally on January 26 the prosecution’s and plaintiff’s complaints in what evidence to include were partially accepted.

On February 4, 2013, the trial preparation began again, but this time again the plaintiff’s tricks blocked the process and extended the preventive prison. The plaintiffs, in particular the lawyer of Moyano’s widow, presented a motion to the Court of Appeals seeking to Disqualify Judge Patricio Alvarez who is seeing the case.

This strategy is identical to the one used by the prosecutors in the Bombs Case: if the judge does not agree with the prosecution and the plaintiffs, then they seek to expel the judge.

The decision about whether the judge will be disqualified or not is in waiting until March. If the inquisitors’ desires are fulfilled the trial preparations will have to be entirely done again with a new judge including all the evidence already eliminated, the majority of which comes from the filthy military prosecution.

Solidarity with Juan Aliste, Freddy Fuentevilla and Marcelo Villarroel!