Chile: Court of Appeals upholds house arrest for Carla and Ivan – they stay out of prison.

from materialanarquista with elrefractario, transl waronsociety:

The prosecutor and Ministry of the Interior are appealing the complete house arrest in which compañeros Ivan Silva and Carla Verdugo are still being held.

On Feb the 8th the appeals court of San Miguel, in a specific ruling, decided the compañeros would continue to be held under complete house arrest.

After being charged under the anti-terrorist law, the constitution declares that the decision to release someone must be awarded unanimously (the three judges all have to be in favor.) This was the same in the cases brought against the compañeros of “Caso Bombas,” against Tortuga, and most recently against Hans Niemeyer, and getting released on bail during the investigation is extremely difficult if not nearly impossible as the Court time and time again revokes the tribunal’s decision under a special law.

This time the decision was not unanimous: Inés Martínez and Irma Meurer voted for house arrest while Ana Aratia voted for preventative detention. The difference this time around was that the Court of Appeals-jointly- defined complete house arrest as a form of “confinement.”

Carla and Ivan will remain in house arrest during the entire proceeding through the trial. Let’s remember that on the 20th of March, 2012 the preparation for the Oral Trial will begin.

The ANI (Agencia National de Inteligencia) leaked a 3 page document to the bourgeois press that talked about Carla and Ivan being connected with “subversive groups”, investigating the names and contacts of those that have come to visit the prisoners, as well as “analyzing” their communications from within confinement.

The ridiculous thing about the “leak” is that said document could not have even reached the prosecutor nor could have been present at the proceedings, as according to their own prosecutor it does not even exist in the investigation’s files recently presented in August 2012, so none of this data and these inventions made it to court.

 

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