Translation act for freedom now/B.pd
Sentence concerning release on bail issued on 8/11/2012 by the TAR of Zurich.
On November 8 the court of Zurich decided/didn’t decide on my appeal against the refusal of the direction of justice and internal office of Zurich of my appeal against their failed concession of my release on bail.
As I have already said (short update of 19/1/2012, attached), at the time I refused to be subjected to a pseudo-hearing. This refusal was promptly taken as an example of my lack of availability to collaborate.
Among other things the court considered the interest protected by the law, in this case a ‘correct’ legal hearing. This was considered so important that a panel of three judges – and not a single judge as normally happens in cases like this one (release on bail, etc) – passed sentence (or didn’t pass it).
This is a summary of the court on the ‘failed hearing’:
… It has been established that the hearing of the applicant was violated by the lack of an interview. The violation of the hearing is of paramount importance and cannot be resolved by the appeal proceeding. For this reason it is recommended a referral of the case to the first instance (the prison service of Zurich), which after the consequent hearing of the applicant is to decide on the case yet another time…This involves a partial acceptance of the appeal.
And it was decided: The order of the direction of justice and the internal office issued on 5/07/2012 along with that of the opponent of the appeal (the prison service) issued on 13/4/2012… are cancelled, and the case is referred to the opponent of the appeal for a new decision…
And on the denial of legal aid by the direction of justice and the internal office owing to ‘futility of the appeal’:
For legal aid to be granted it is demanded that the applicant be destitute and the appeal not be obviously futile. Owing to long imprisonment, destitution is assumed… And considering the partial acceptance of the appeal, the appeal to the direction of justice and the internal office cannot be considered futile, especially as the applicant had criticized the use of a hearing in his request for appeal. Another condition for legal aid to be granted is that the destitute person must not be in the situation of defending their rights by themselves… If the person concerned is threatened with serious limitation of freedom, the respect of the right to legal aid is absolutely necessary… the applicant has been in state of imprisonment since 1991, which also involves the necessity for legal defence.
And it was decided: Therefore legal aid is to be granted for the appeal as concern solicitor BR… The direction of justice and the internal office are ordered to compensate solicitor BR with the regards of expenses required for the appeal proceedings.
So the expenses for my previous appeal and this appeal, which I had been charged with by the direction of justice and the internal office, are now being given back to the prison service by the court.
The prison service, therefore, is been given another ‘slap on the wrist’ for its usual violations of rights, which are systematically approved by its direction of justice and internal office (even if this can be reversed in appeal).
But it must be observed that the justice has ‘gained’ more time of imprisonment for me and that everything has to be started from the beginning. My solicitor is now rushing for a list of questions concerning the hearing and for a new decision to be made quickly. The same negative decisions are to be expected, maybe more correct from a judicial point of view but identical as for the content. Although the TAR (and subsequently the federal tribunal) has to face these decisions in the end.
Very shortly, therefore, a hearing could be held following the recommendations (concerning release on bail, recommendations that are to be considered as pure formality for the moment) presented in August 2012 by the prison service to this prison. As soon as I receive news on this matter, I will communicate them to you.
Marco Camenish, November 25 2012, concentration camp of Lenzburg, Switzerland.