June 3rd, 2012
WCCC [Toronto] Translated – Solidaridadporlxspresxs
On Friday, June 1st, 2012 at 11 AM the verdict of the remaining 6 co-accused of the notorious $hilean Anarchist “Bombs Case” was being read in court. The room was full of media, high ranking Attorney General Officials, comrades, family and friends of approximately 80 people. After more than 6 months of the longest trial in the conquering history of Chile, the Judges deliberated the following:
- The Attack against the ANI (National Intelligence Agency), on January 18th, 2006: There was an explosive artifact placed at the ANI, but was later transferred to another location one block away where it was detonated. The damages of the explosion could not be considered since the charges presented by the Prosecutor only specify the ANI and not another location.
- The Attack against the CDE (Defense State Council), on December 21st, 2006: An alleged explosive artifact was placed at the CDE, but did not detonate and was later dismantled. However, no definitive proof of the contents of the device was ever found, regarding black/gun powder. Thus, the Court decided that definitive proof was lacking to point out this incident since it did not include any forensic evidence to point out that the content was indeed black gun powder.
- The Attack against the ATAL Automotive Dealership, on March 27th, 2007: There was an explosive artifact that detonated causing damages.
- The Attack against Chilectrica (La Cisterna), on October 6th, 2007: There was a TNT explosive artifact, causing large structural damages in the premises as in others. Only the damages to Chilectrica were considered and not on others, since they were not considered within the charges laid.
- Gendarmerie School, on May 22nd, 2009: It was stated that Mauricio Morales rode a bicycle to the premises, physically activating the explosive which then detonated, causing his death and damages in the area.
- Church of Sacramentinos, on November 21st, 2009: There was an explosive artifact that was placed and then detonated at the entrance of the Church.
- Conducts of Financing an Illicit Terrorist Association: No definitive proof of financial support due to incoherencies between the accusation and the stay of proceedings i.e. is it possible to financially support an illicit terrorist association that does not exist? Moreover on the other hand, the Court determined that there was no “illicit” act being committed since the accusations arose from a non-existent undercover officer that had allegedly filtered emails asking for financing. Therefore the “financing” does not exist.
Summary
The Attack against the ANI was deemed only as slight damages against a street sweeper; the Attack against Chilectrica, the ATAL Dealership and the Gendarmerie School constituted as “Damaged,” the last being that which Mauricio Morales detonated the artifact. The Church of Sacramentinos, was determined as arson. The application of the Antiterrorist Law was revoked, since it did not infringe terror on the population.
Participation
The Collaborator, Gustavo Fuentes Aliaga: His statement was made illegally and was not in the presence of a defense council. Moreover, on January 12th, 2012, Eduardo Witt Sanchez (Captain of Chilean National Police) recognized that his statement was carried out by Prosecutor, Jacir Manerola. His statement was thereby dismissed since it was not done in the presence of a defense council. The final verdict stated “unto all the arguments presented, there is no choice but to dismiss the extrajudicial testimony of the accused, Gustavo Fuentes.” ABSOLVED, but continues in custody due to a previous charge of stabbing his ex-partner.
Francisco Solar Dominguez: Accused according to the testimony of the collaborator. The final verdict read, “The innumerable documentation presented does not allow us to link the accused with the events he is accused of. Thereby as stated by the defense, the accused indeed professionally works with the materials that were related to the evidence.” The possession of explosive artifacts and the existence of a “manometer” were dismissed. ABSOLVED
Monica Caballero Sepulveda: Incongruence exists in the alleged possession of a document that elaborates a “criminal plan of association.” Having the initial association stayed in court, the accusation had no ground. “There is no definitive proof that the document was found in the room that she lived in (…) Neither is there definitive proof that the room had been exclusively used by her, despite the existence of said document, despite her name appearing within the contents of the notebook,” the verdict stated. Also stated was that the alleged natural gas containers found in the house and the alleged “antireligious” emblems could not constitute as any concluding evidence. Moreover, the police operative could not prove where such evidence was found. ABSOLVED
Felipe Guerra Guajardo: The verdict stated, “that the participation attributed to the accused was in no way conclusive, as they were simply investigative speculations, thereby the accused should be discharged and absolved of any involvement or presence at the time of Mauricio Morales Duarte’s death.” ABSOLVED
Omar Hermosilla Marin and Carlos Rivera Luttgue: “The evidence submitted on the participation of events is notoriously impertinent and exaggerated. There is insufficient evidence to link the accused with the events. ABSOLVED
Finally, all of the accused were ABSOLVED and the crimes were thereby deemed as Damages and Arson. They also stated that the Squat Houses were spaces in which cultural and political events took place as well as libraries, which is insufficient in the categorization of “centrepieces” of terrorism.
Once the final verdict was read, those present hugged, applauded and insulted the press, the collaborator and the group of Prosecutors/Incriminators whom had to leave through the back door after receiving mounds of insults and even a pillow.
Shouts against Interior Minister Hinzpeter, the Antiterrorist Law and ex-Prosecutor Peña were made exuberant in the Court room, after which there was a banner drop and flying pamphlets outside the Court House to mark the end of the Bombs case.
Omar Hermosilla had stated: “I hope people fight any conviction and that the intelligence apparatus leave us alone. There is nothing wrong here, only those of a sick mind like that of Prosecutor Alejandro Peña.”
“This was a set up, it was very clear today. The Magistrates stated it and there is no proof of any of the accusations made by the Prosecution. I am at peace. This bad time is over. The months deprived of freedom, of having been tortured during that instance,” stated Felipe Guerra. “The Prosecution are the only terrorists here, harvesting terror in raids and detentions.”
The President of the Prosecutor’s Association, Pedro Orthusteguy, tried o water the situation down by not criticizing the persecuting structure of the judicial system, the Antiterrorist Law, and the inquisition meant by these political trials by saying that this was a particular case that “greatly discredited” the Public Ministry. He pointed the finger to Prosecutor Peña, “who made the decisions that lead to this lamentable verdict. We as the Association of Prosecutors will not demonize Prosecutor Peña, but evidently has to step aside for professional etiquette. He must leave his current position, if not voluntarily then the President will have to make the decision that he must leave. That is our opinion.”
A few minutes after the absolving sentence was given, the Interior Minister Rodrigo Hinzpeter, spoke from the Presidential Palace and stated that “the verdict does not end nor deliberates the efforts made in seeking the Courts to clarify who are responsible for the bombs that have been placed in the country.”
On Thursday, August 2nd, 2012 the same sentence will be read at noon at the Centre of (In)Justice, where the complete details of how the verdict came about through an incredibly thick report. Then the Prosecution will have until August 12th to appeal the decision at an Appeals or Supreme Court on the “Bombs Case.” Even if the prosecution appeals, we greatly appreciate the gestures of solidarity and love with which the situation has been forwarded, supporting the accused.
We will not forget the memory of Miriam Tamayo, mother of one of the Stayed accused, who died on November 8, 2011 from Cancer during the long months of anguish.
We also not forget our comrade Gabriela Curilem, who has gone underground due to this case, accused of terrorist financing; strong greetings and strength to her in her invisible path.
This sentence marks a precedent in favour of all those comrades charged and imprisoned by the atrocious Antiterrorist Law. This is not about believing or not in “justice,” but in understanding that the attacks carried out by the Prosecution do not lead to convictions or invoke sentences to the Antiterrorist Law. That the fantasies of the powerful could not lead to the expected sentences, despite all the repercussions of repression, they could not fulfill their intent.
STOP THE ANTITERRORIST LAW AND ALL ITS PROCEEDINGS!
Distributed by: The Women’s Coordinating Committee for a Free Wallmapu [Toronto]
