Decree 321

Chile: On anarchist prisoner Marcelo Villarroel’s sentence computation review hearing

Posted on 2022/07/22 - 2022/07/22 by darknights

Today, July 5, the sentence computation review hearing in favor of Marcelo Villarroel took place before Judge Carolina Gajardo, of the 7th Guarantee Court of Santiago. In this hearing, Marcelo’s defence denounced before the Court the illegality of the Gendarmerie’s action of increasing by 21 years the minimum time of his effective sentence to be eligible for parole. Before this modification, he could have applied for parole in December 2019. This action, covered by the modification of DL 321 by law 21.124 in December 2019, violates a series of fundamental guarantees, especially the non-retroactivity of criminal law and the principle of in dubio pro reo, established in the Constitution (art. 19 n3), in the Criminal Code (art. 18) and in a series of international human rights treaties ratified and prevailing in Chile.

The Prosecutor’s Office was also present, represented by prosecutor Arturo Gómez, who argued that Marcelo must still serve sentences of more than 30 years, given the sentences of the Military Prosecutor’s Office, and that this request of the defence had already been resolved in a negative manner by the Court on repeated occasions, and should therefore be rejected (despite the fact that this is the first action for sentence computation).

In the pleadings, the National Institute of Human Rights also appeared, whose delegate referred to read the general conclusions of a report they prepared in the year 2021 on this matter, in which they provide the grounds for which this modification of Decree Law 321 has been applied in violation of fundamental guarantees of persons deprived of liberty. However, at the hearing, this entity did not express its opinion in relation to the specific case for which its assistance was requested and which was being discussed (despite the fact that this same report explicitly refers to the case of Marcelo Villarroel), even stating that this matter should be resolved by the trial judge.

Finally, Judge Carolina Gajardo rejected the request, basing her decision on the fact that this discussion had already been settled previously and in various instances, and that she was not competent to rule on the actions of the Gendarmerie, leaving Marcelo without legal protection.

The legal team is already preparing the appeal to this resolution, as well as the different motions that will continue to be filed until Marcelo is released.

AGAINST THE PERPETUITY OF THE CONVICTIONS!

FOR THE ANNULMENT OF THE SENTENCES OF MILITARY JUSTICE FOR COMRADE MARCELO VILLARROEL!!!

AGITATE, PROPAGATE, INSIST, PERSIST!!!

Legal Team

Anticarceral Solidarity Network with Juan and Marcelo (RSAJM)

July 5, 2022.

Source: athens.indymedia

Via & Translated by Act for freedom now!

Thessaloniki, Greece: Intervention at MarCom tzelepoglou – Solidarity with Francisco Solar

Posted on 2021/11/25 - 2021/12/03 by darknights

On 24/11, an intervention took place, with leaflets and spray paint, at the company MarCom tzelepoglou, owned by the Chilean Consul, R. Tzelepoglou, as a minimal sign of solidarity with comrade F. Solar

“Prison is another point of struggle at the post-conflict level – the anti-authoritarian conflict is not over for me, it has just changed form”

-M. Caballero

24/7/20 in Chilean territory, anarchists Monica Caballero and Francisco Solar are arrested, accused of parcel-bombing. Specifically, for a bomb that exploded in the Huechuraba police station, leaving a cop seriously injured, – and one that was defused by the GOPE (operational police group), a bomb in the office of Rodrigo Hinzpeter, former minister and current manager of the Quiñenco company (one of Chile’s largest business groups), and finally, for planting two bombs in the Tánica building. Since 24/7, therefore, the comrades have been held in custody and have remained in the cells of the republic ever since.

In the first months of 2021, comrade F. Solar, along with other anarchist and subversive prisoners, participated in a hunger strike that lasted for more than 50 days, demanding the release of Marcelo Villarroel, and against the modification of Legislative Decree 321, while 11 years before, he had put his body as a mound in another hunger strike, for more than 60 days.

The serious health condition of the comrade, but also the expected indifference of the prison administration, led him on 22/09 to request further medical examinations, after an emergency hospitalization, where he was diagnosed with advanced diabetes (on the verge of a diabetic coma). Continue reading “Thessaloniki, Greece: Intervention at MarCom tzelepoglou – Solidarity with Francisco Solar” →

Santiago, Chile: Thoughts of Comrade Pablo Bahamondes Ortiz, “El Oso,” before the start of his trial

Posted on 2021/10/12 - 2021/10/12 by darknights

“…We choose to live on the edge of the abyss and not the ways of docile people who crawl around begging for power” (Excerpt from Célula Nihilista del Ocaso del Fuego. Argentina).

Via Enough Is Enough, Translated by Riot Turtle.

Three years have passed since my arrest, and after a series of legal attempts to hold court hearings in person, the courts refused this possibility without me being able to present a legitimate defense, so that I will only find myself in front of a screen to watch the absurd spectacle of judges, state prosecuters and police officers exercising their power to imprison me for as many years as possible.

“Not to trust, nothing to expect from the judiciary”

– Mónica Caballero

Staying upright in any possible scenario, recognizing oneself as a prisoner of war, remains the path to follow.

Emphasizing that there is nothing to explain or acknowledge to the state for this journey, taking up the struggle against this world of permanent misery.

There have been times of endless learning, there have been times of loneliness and companionship, times of making and building connections, in short… times that cannot be silenced and that certainly make you stronger than before.

I am not the only one, nor will we be the only ones here; many brothers and sisters have been here for quite some time, reflecting the continuity of the tireless struggle for total liberation. And so we have joined together in practice and discourse in the face of the various anti-prison issues, targeting the real enemies and establishing a bond of insurgent fraternity.

A warm hug to all who have shown active solidarity with the prisoners in various territories.

A complicit salute to our subversive and anarchist brothers and sisters for their mutual support.

The comrades Mónica Caballero, Francisco Solar, Luis Avaca, Ignacio Avaca, Marcelo Villarroel, Juan Aliste, Juan Flores and Joaquín García… ON THE STREETS!!!

May the subversive practice strengthen and spread the volumes of complicity!!!

Freedom for the subversive, anarchist prisoners, and prisoners of the revolt and the Mapuche!!!

Cancellation of the changes of Decree 321!!!

Destroy the prison society and its supporters!!!

Pablo Bahamondes Ortiz, „El Oso“

Subversive prisoner Villa Francia

Prison – Company

Santiago 1

September 2021

Territory dominated by the Chilean state

Santiago, Chile: Explosive attack against the company Sodexo + Claim by the “Revolutionary Cells Nicolás Neira”

Posted on 2021/07/25 - 2021/07/25 by darknights

Missed from 01/06/2021

On May 11, at 9:00 p.m., unknown persons arrive on a bicycle at Pérez Valenzuela and Antonio Bellet, in the Providencia district, where a building of the SODEXO food concessionaire is located.

After leaving a suspicious package, they quickly escape, and a few minutes later there is a loud explosion that destroys part of the windows of the building.

GOPE, Labocar and the South Prosecutor’s Office arrived in the area to investigate the attack, which left no injuries, only material damage.

Claim of the “Revolutionary Cells Nicolás Neira”.

OUR COMMON MINIMUM: INSURRECTIONAL ACTION

Since March 22 different subversive and anarchist prisoners have been on hunger strike to demand the repeal of Legislative Decree 321, the freedom of comrade Marcelo Villarroel and the prisoners of the revolt. In this scenario of anti-prison struggle we point out:

1. During the night of Black May 11 and prior to the curfew we detonated an explosive device in front of the SODEXO company for its responsibility in the daily misery that tortures thousands of prisoners in the prisons of the Chilean democracy. SODEXO is in charge of the concession of the prisons of Antofagasta, Iquique, La Serena, Rancagua and El Manzano. The joint work between Gendarmeria, the Chilean State-Police and private capital make up a triad that evidences the lucrative business of the prison-companies, annihilating the dignity of the prison population according to their economic interests and the social order of the rich and powerful.

2. We affectionately salute the comrades who carried out a hunger strike for 50 days, demonstrating that the combative prison is a tool of resistance to prison submission, while spreading the germ of action in the streets. It is vital to maintain a rhythm of combat that accompanies the processes of intra-prison mobilization, understanding that the struggle for the liberation of our prisoners and their conditions of confinement is a long and relentless one.

3. In a context of police and military control the attack is possible, it only depends on our will and will to fight. In this sense, the discourse that all revolutionary action is assembly only affects the fighting spirit of those who organize and stand up with dignity against the enemy, devaluing a history of struggle that advances with hundreds of comrades imprisoned, wounded and dead. If we do not believe in our capacities the construction of a new world will only be a chimera, we call to organize the attack in all territories and realities.

4. In this Black May we remember our comrade Mauricio Morales who 12 years ago died in action trying to attack the Gendarmerie School. The memory is kept burning in the streets and in the multiform action, only those who forget die.

WE CELEBRATE THE OFFENSIVE AND SABOTAGE IN THE WALLMAPU!
WE SALUTE THE REVOLT IN THE COLOMBIAN TERRITORY!
TO RETAKE THE STREETS TO CRUSH THE ENEMY AND REFORMISM!
THIS WEEKEND TO VOTE IS TO VALIDATE THE PACT OF THE POLITICAL CLASS AND TO
TO BARGAIN ON THE SPILLED BLOOD!

By anarchy we will win, in autonomy we will live.

Revolutionary Cells Nicolás Neira

NOTE: The 15 years old anarkopunk comrade Nicolás Neira dies after being hit by a tear gas bomb fired by the ESMAD police during the May 1st clashes in Colombia.

Source: Noticias de la Guerra Social