Wednesday, October 17th, 2012
After several days and traps set out by the prosecution and the Interior Minister that delayed the discussion of the trial annulment (which they proposed themselves), the Superior Court finally discussed the matter on September 13th, 14th, and 20th 2012. The intentions of the prosecution were to annul the trial that lasted more than six months and carry out a new trial – with the same evidence and charges – against the 5 comrades and the one collaborator.
During the wait on the Supreme Court resolution that would be held on October 10th, a ‘sleek’ reporter followed the attorney of one of the accused, photographing him while visiting Hugo Dolmescht, one of the five judges of the Supreme Court. The newspapers spin this story on the front page for a couple of days. The journalistic report would insinuate “negotiations” and managed in this way to obtain public statements by the Minister of Justice and the President of the Supreme Court, rejecting an eventual “negotiation” unto a ruling. Both the Judge and attorney did not pay attention to this event, stating that anyone could ask for an appointment and attend if they wish. On the other hand, headlines were made on the miserable and sadly celebrated ex-Prosecutor Alejandro Peña , whom after seeking life in prison for the accused comrades, had later begun to work at the Ministry of the Interior as Studies Division Chief.
On October 5th, a new mass corruption scandal was uncovered involving Peña, his posse and his technological businesses of repression. The prosecutor and his employees gave classified information to businesses that sell technology to detect drugs. In this way the company would win bidding rights even when the products were 400% overpriced, with an evident profit for the entrepreneurs of repression and the employees of the Ministry of the Interior, who would receive a “surplus” in the “Overpricing Scandal,” which cost Ex-Prosecutor Alejandro Peña his position in government.
Once again in a court room full of press, as well as defence attorneys, prosecutors, family, the five Supreme Court Judges (Milton Juica, Hugo Dolmestch, Carlos Künsemüller, Haroldo Brito and Juan Escobar – a supply) ruled unanimously in favour in maintaining the acquittal of Monica Caballero, Felipe Guerra, Francisco Solar, Omar Hermosilla and Carlos Riveros, as well as the delirious collaborator, Gustavo Fuentesaliaga. The only comrade accused that attended was Omar, who pointed out to the press: “These so-called intelligence agencies that presented all this evidence, which ended up being false, finally leave me, my family and the people that were investigated in peace.” He added that the trial had cost him and his co-accused “nine months deprived of freedom in an inhume situation. 22 hours of lockdown in a 3 by 3 metre space. In what way does this make sense to the Government to treat inmates like that?” The comrades were completely acquitted of the crimes of Terrorist Financing and the placement of explosive artifacts.
After the ruling, both the media and the Powerful constructed and shaped a public opinion in order to deviate what had just occurred. In this way, the fantasy that was sought to be created was that the accused were effectively guilty of their crimes and that the Judicial System in conjunction was “too soft.” The Minister of the Interior, without understanding the ruling of the Supreme Court stated: “Our citizens are frustrated; people do not like and they fear the placement of bombs… We cannot rebel ourselves, nor be infuriated more than what is appropriate. It does not correspond when there is an acquittal, even if the convictions of the Public Ministry would have pointed to the contrary.”
On the other hand, the National Prosecutor, Sabas Chahuan indicated: “We have certain techniques to investigate crimes of drug trafficking that do not exist within terrorist matters. There should be the possibility to infiltrate these anarchist groups, to determine where they place the bombs, a series of possibilities that under judicial control would be considered terrorist crimes” (…)”in a way which (with the definitive closing of Bombs Case) is a failure, but there are important lessons to be learned,” seeking to fortify repression even more.
Chadwick, the Government Spokesperson, could not keep quiet unto this situation and unto the questions on the ruling of the Bombs Case; he simply looked for the possibility to strengthen the repressive framework. “We have said and we have stated that we are profoundly committed with making a reform to the Procedural Penal Reform, to present modifications to parliament that allow the positive things of the reform, but fundamentally seek modification to increasingly protect victims.”
At a simple glance, it seems as if the Powerful and Prosecutors did not understand anything that happened. However, they stated the necessity to create increasing repression, in this way negating an acquittal, even going as far to change laws, processes, Judges, and the Constitution in order to convict the comrades. It is in this way that the press, the newspaper headlines and the commentators only seek to drive public opinion in this direction constituting a cycle where each time there are harsher laws, processes and attributions of a Police State. It is yet a new opportunity to strengthen the conquering framework and hide the questioning and contradictions of the “Bombs Case.”
Power constructed a framework of rules, laws and attributes which are all together called the Penal Procedural Reform. When comrades, Anti-Authoritarians, Anarchists, or Revolutionaries do not loose in their game, as the shrewd kid, they seek to completely change all the rules.
“The delirious apparatus that forged this accusation is still intact and the usual persecutors – the new political police (BIPE and the DIPOLCAR) continue.” – Last accused of the “Bombs Case” when released from Prison.
Two years after Operation Salamandra: Strength and Spirit to our comrade, Gabriela Curilem, whom continues fugitive due to the deliriums of the Powerful and Persecutors: Dignified and on the Streets Comrade! (1)
END THE ANTITERRORIST LAW!
TWO YEARS AFTER OPERATION SALAMANDRA, WE DO NOT FORGET WHO THE TERRORIST IS: THE STATE!
Distributed by: The Women’s Coordinating Committee For a Free Wallmapu [Toronto]
(1) Gabriela Curilem recently turned herself into the authorities on November 19th, 2012 after more than two years of going underground. She was acquitted of her charges and is now free on the streets.