The second hearing in the trial against Francisco and Mónica took place today Wednesday March 9. The comrades are accused of belonging to a terrorist organization, slaughter, injury and conspiracy, charges for which the prosecutor is asking for 44 years’ prison for each.
While this hearing was taking place in court No. 4 of the Tribunale Nazionale, a group in solidarity gathered outside the walls, shouting slogans of support that could be heard by the comrades inside the court.
Despite the fact that yesterday’s hearing was centred on the statements of Mónica, Francisco and witnesses (police and eyewitnesses) presented by the Public Prosecutor, today’s began with that of the witnesses called by the defence before moving on to experts’ statements.
The four witnesses presented by the defence confirmed the statements that they gave to the police at the time, in which none of the features that they described correspond with those of Mónica and Francisco.
The expert witnesses (all policemen) summoned by the Public Prosecutor focused on various aspects:
– Hazard of the explosive artefact: the policemen (national, scientific and TEDAX) who deposed followed the same line of magnifying the supposed explosion hazard and the possibility of causing harm to human life. There was an attempt to scientifically endorse this argument from a theoretical study on the impact of an artefact of 3 kg of gunpowder in an open field. This argument was contested by the defence since, although the investigation mentions a charge of between 2 and 3 Kg and the claim statement describes the use of 2 kg of gunpowder, the reports were made according to the theoretical criterion of 3 Kg, highlighting the intentions of the police.
– Anthropometric analysis: this compares images of Francisco and Mónica taken from the internet (without knowing whether the police have manipulated them or not) with images from Barcelona surveillance cameras. It is concludes with a high probability of coincidence in the case of Francisco and a lesser one in Mónica’s case. It should be pointed out that none of the witnesses has any qualification related to anthropometric expertise. The intervention of the defence highlighted the handicap of the computer system used, which can only give probabilities but cannot establish identity beyond any doubt.
– Belonging to a terrorist organization: the police’s argument is based on considering that the FAI-FRI, GAC and Commando Insurreccional Mateo Morral are part of the same terrorist organization. The policemen who elaborated the report on the FAI-FRI as a terrorist organization reported that it is considered such in a European Disposition of 2001, but did not know that already from 2009, in the same Disposition, it is no longer considered a terrorist organization. They also cite in their reports various trials that have taken place in European countries against the FAI-FRI. When asked what sources they had consulted to become aware of these trials, they revealed that they had used open sources (internet, press) and in no case any official body (court, police forces, etc.).
To establish the link between the FAI-FRI and the GAC they make reference to the fact that the latter respond to the call for direct action, solidarity and mutual support that the FAI-FRI realizes. Another argument that the police use to maintain that the GAC are a terrorist organization is temporality: they report that after the GAC’s first text of presentation appeared the first coordinated action was realized in the Spanish State.
In the description that they give of the functioning of the GAC the existence of some kind of informal leadership is indicated. They also cite as an indication of Mónica and Francisco’s belonging to a terrorist organization the various international communiques showing solidarity with them, such as those made starting by the call for a “Black December”; they also mention the solidarity text that Mónica contributed to the book “Mapeando el fuego” while on trial in Chile for the caso bombas.
Finally, in the afternoon session the medical expert cited the specific allegations of the injured woman that mainly certified psychological consequences resulting from the experience of the Pilar. The day ended with police reports related to fingerprints and DNA, which established that neither one nor the other were found in the places inspected in Zaragoza (in the remains of the explosive and in the phone booth from which it was made the bomb warning call was made).
In the face with this farcical trial, the comrades are not alone. Until we are all free! Solidarity and struggle!
Indymedia Barcelona
Translated from Italian by Act for freedom now
http://actforfree.nostate.net/?p=22970
Spain – March 8 – Summary of the first session of the trial against the comrades Monica Caballero and Francisco Solar
At the start of the hearing, one of the defence lawyers intervened to remind the court that a text had been introduced expressing doubts on the impartiality of the court, requesting the change of the judges. It also called for another form of judgment, in which the accused could speak last, after all the witnesses and experts. In the face of the court’s refusal to grant both claims, the hearing began with the statements of Francisco and Monica, who refused to answer the prosecution’s questions, responding only to those of their lawyers.
Both claimed their anarchist ideas, they denied responsibility for the attack at the Basilica del Pilar, as well as belonging to any organization, which, according to the cop literature, is composed of leaders and hierarchies. Before being interrupted by the judge of the court, Angela Murillo, Francisco declared: “Yes, I am an anarchist because I mean freedom from any constraint. I think that individual creativity springs forth when there is no authority, nor orders or commands from above, which only atrophy and degrade human conduct. The State implies subordination and is against every impulse of freedom; it also implies the existence of moneylenders and exploiters”. And on organizations … “they restrict individual freedom and reduce people’s initiative to pre-established norms.” And Monica: “Any hierarchical foundation is incompatible with my ideology and way of thinking, because each dome of Power is harmful and limiting for the human being”. And responding to a question from her lawyer, she took the opportunity to reaffirm their bonds of affinity and solidarity with the other arrested comrades.
After the comrades’ statements, it was the turn of the witnesses, beginning with several members of the National Police, nine in all, who had participated in some way in the investigations. In these statements there are some contradictions on the collaboration and the flow of information provided by the Chilean State and how this may have affected the way that the investigations centred on Monica and Francisco. In this sense, one of the defence lawyers presented as evidence a press release of the General Directorate of the National Police, which informed of the operation at the time and it was assumed was a result of cooperation between States.
No doubt the court did not take it into account. The methods used for identification of the accused and therefore the accuracy of the results was also put in question. Immediately after they proceeded to hear the witnesses present at the time of the explosion in the religious temple. First, the woman who would have sustained injuries to her ear declared that, while she was praying, two people approached her warning her to leave the place. Still she cannot even confirm whether it was two men or a man and a woman. She simply saw the profile of a man whom she could not identify.
The other two witnesses are a security guard and a doorman of the Basilica del Pilar, who apart from describing the time of the explosion endeavoured to convey the sense of the serious danger of the bomb.
It is worth mentioning that some days before the trial the Church Council of Zaragoza withdrew from litigation.
————————————
Translated by Act for freedom now!
croce nera anarchica — 9 March 2016
Source: publicación Refractario
http://actforfree.nostate.net/?p=22965