Gabriel is being transferred to Spain
We received and are sharing this communication concerning Gabriel Pombo da Silva’s situation. It seems from last night’s news that he was no longer in the prison of Porto that the comrade is presently being transferred to Spain.
Gabriel Pombo Da Silva: imminently being handed over to the Spanish authorities.
Little more than a month has passed since the latest written statement on the legal and prison situation of our anarchist comrade Gabriel Pombo Da Silva. The latest news published speaks of a final sentence issued by the Supreme Court of Lisbon in which the intention to hand over our comrade to the Spanish State was confirmed despite the evident illegality of his very detention (he does not have to do any residual sentence!).
The next step after this ruling should have been an appeal to the Constitutional Court, but over the past few weeks several things have happened to confirm that the obedience of the Portuguese “rule of law” puppets to Court 2 of Girona has not ceased to exist.
In summary: a) the annulment of the final sentence issued by the Supreme Court of Lisbon has been requested because of certain irregularities including: the number of judges who signed it (which should have been at least three and not two as actually happened); the lack of answers to some legal contradictions; the belief that the “specialty principle” can be freely interpreted based on the country of belonging (this is really a fundamental principle of Community law subject to a single and homogeneous interpretation for all European Union countries and is not subject to arbitrariness!). On this request the Supreme Court corrected itself by declaring the nullity of its own disposition to then, without even passing it on to another court as should happen when the nullity of a legal act is declared, repair to its own vices … in short, the same Court has issued two sentences (!!!).
b) As is known, the WHO and the UN have called for the emptying of prisons as far as possible to avoid a disastrous pandemic within the institutions by proposing to release or apply alternative measures to all the prisoners in pre-trial detention or with one residual sentence of less than two years or are elderly and / or suffering from pathologies which would represent a health risk in the case of contagion from COVID-19. The WHO and UN also recalled that the closure of the borders and the level of military control are a guarantee that the judicial authorities must take into consideration so as not to deny what is being requested because of a risk of escape. Based on all this, the release or application of alternative measures was requested for Gabriel as his is a pre-trial detention and since he suffers from asthma from birth (a chronic disease that would put him in a situation of risk in the case of contagion from COVID-19). The answer was not long in coming: the P.M. and judge
presented themselves as the main and direct responsible for the delivery of Gabriel to the Spanish state (!!!); health problems were not sufficiently documented (although they appear in the clinical folders of all the prisons of the Iberian Peninsula where Gabriel has been held) and even if something happens to him, prisons guarantee due medical attention; for Mr Pombo Da Silva, moreover, the closure of the borders and the militarization of the whole European territory does not represent a sufficient guarantee that he will not escape (this we interpreted as a compliment, he he!).
c) Having taken everything into consideration, the lawyer deemed it pointless to resort to the Constitutional Court since, given the role it has (checking respect for the right to defence or a fair trial), it would never have been able to enter into issues of interpretation of the law (in our case the “specialty principle” which represents the legal knot for the release of Gabriel); moreover the intention to deliver him to Spain at any cost it is all too evident. If you resorted to recourse to this court, the maximum duration of preventive imprisonment would have been 150 days but, not having appealed, this duration is reduced to 90 days. These 90 days expired on April 25 and Gabriel continued to be kidnapped. So the lawyer realized that a different calculation had been applied (ad hoc?) and that the preventive detention would have expired on 8 May. However, on 27 April a “Habeas Corpus” (a legal procedure by which any citizen can appear immediately before a judge to make a ruling on the judged legality of arrest), in order to be able to request freedom for our comrade yet again. Nobody replied until, on May 4th, the Competent authorities summoned a hearing for the 7th (one day before the aforementioned expired preventive detention). During this hearing (by videoconference with the excuse of the pandemic), not only did the P.M. confirm his intention to deliver Gabriel to Spain, but it turned out that he himself had already requested the final expulsion the day before, having already communicated it to Europol (!!!). With this pearl of the “State of Law”, the Portuguese chapter can be considered over.
Within a few hours our comrade will find himself in a jail of the Spanish state that we cannot know at the moment : we have all the elements to think that the closure of borders will not be taken into consideration, nor the state of emergency, so that they can proceed to the necessary delivery of “such a dangerous individual”).
Gabriel is well and in high spirits.. he knows very well that there is nothing good to be expected from the State Justice system in spite of continuing to struggle with all the legal means at his disposal. On Spanish soil, the lawyer will continue to request the nullity of the OEDE issued by the Court n ° 2 of Girona until this battle is won.
We take this opportunity to thank all those who supported us also economically (by the way, the Bankinter Current Account made out to Elisa Di Bernardo opened with the exclusive purpose of collecting money for legal costs is still active) … in spite of everything we are still at the tip of the iceberg!
All that is going on doesn’t represent anything new if we think that all States use every weapon (legal and illegal … synonymous in its hands) at its disposal to repress, silence, bend, punish, isolate, torture and kill its enemies of all time: outstanding individuals, heretics and in love with real freedom!
More information to follow.