15.06.2020: Last Thursday, June 11, the Provincial Court, the court at the base of the judicial pyramid in Spain, demonstrated its inquisitorial power by rejecting the request for annulment of the OEDE (European Arrest Warrant) that sent our comrade back to the dungeons of the State after three and a half years of freedom.
After a year and a half of clandestinity, Gabriel was arrested last January 25th in Portuguese territory as a result of the above-mentioned OEDE issued by the Court No. 2 in Girona (specifically by Judge Mercedes Alcázar Navarro), with the intention that he would serve another 16 years in prison counted as a residual sentence (response to the complaint of malfeasance against the judge for having hidden the order for Gabriel’s immediate release in June 2016, which delayed his release, that judge has set in motion her own revenge!).
After three and a half months of pre-trial detention (months during which it was clear that Portugal had submitted to the pressure of Girona Court No. 2 and that the European rules that would have allowed the release of our comrade had not been applied), on 12 May, he was handed over to the Spanish authorities and is currently in the prison of Badajoz (Extremadura).
The request for annulment by the OEDE was legitimated by the illegality of the request, which was issued in full violation of the “principle of speciality”: one of the basic principles of Community law that establishes the prohibition of enforcing a sentence prior to that for which the extradition is being carried out (by virtue of this principle Gabriel was released in 2016 no longer having to serve any previous sentence). Politically significant is that the Provincial Court, which days ago agreed with Judge Navarro, is the same one that four years ago agreed with our colleague confirming his release (!!??!!).
In the meantime, the FIES [Fitxers d’Interns d’Especial Seguiment – Inmates under Special Observation] regime has been applied to Gabriel, specifically FIES 5, created for prisoners with “special characteristics” (that have to do, to cite some examples, with international crime, gender violence or with racist or xenophobic character, very serious crimes that have caused great social alarm, Islamist terrorism, radical fanaticism related to terrorist ideology…!?!!). Within the FIES regime, he has been given the 2nd degree (previously he could access prison benefits, enjoy permits and even probation), and the intervention of all communications (letters are opened and read, visits are recorded).
Since he is in the prison of Badajoz, apart from 5 little postcards that were given to him a few days after his arrival, our comrade has not received any kind of correspondence despite the many letters and several books that have been sent to him… Nothing new under the sun of isolation and repression! All this represents a contradiction aimed at provoking him… the message is: “you are no longer the number one public enemy but you are still quite dangerous, especially on an ideological level…if you behave yourself we will give you some opportunities”.
Now that he has been “classified” and the above-mentioned court has issued its sentence, we know that the legal resources for Gabriel to taste freedom again will soon be over; in not much time he will be transferred to another prison. The lawyer will make all the necessary appeals until this long battle is won.
Gabriel is well and strong as always…he sends a big hug to all the like-minded and supportive individuals.
Solidarity is a weapon…let’s use it…in a serious and intelligent way!
Freedom for Gabriel!
Comrade you are not alone!
Freedom For All!
Long live Anarchy!
Write to Gabriel:
Gabriel Pombo Da Silva
Centro Penitenciario Badajoz
Carretera de Olivenza, Km 7.3
(via Anarquia, translated into English by Anarchists Worldwide)