In concrete terms, the situation of our comrade has not changed much. Here is a summary of the few new developments since the last communiqué appeared on the Internet last April. Up to now we have always said that legally one of the problems to be solved has to do with a deliberate confusion in the application of a specific Penal Code. That of 1973 (which corresponds to a sentence of 30 years with the application of the different redenominations accumulated in these decades), in force at the time of the conviction for the events of 1990. Or the 1995 code (which corresponds to a sentence of 20 years without the application of the aforementioned remissions), obviously more favorable in terms of calculation.
We recall that, theoretically, they should always apply the most favorable Penal Code, but we know that the “always” varies according to who you are… Gabriel is still who he is and his determination, constancy and clarity certainly do not play in his favor in relation to time. In any case, Penal Code of 1973 or 1995, he should have been released because he has been detained for many years too long.
With a slowness of biblical times, on July 5 came the good news: his sentence can be recalculated to 20 years (he should be given back many years of life). As always, things are not easy, the times of state justice are physiologically long and we must add the times of political revenge. Said, done: this good news actually corresponds to the pronouncement of the Prosecutor but the last word belongs to the judge who only has to confirm what his colleague said and then submit the new calculation to the other competent courts. It is not difficult to imagine how this judge is taking all the time he can (he has no formal deadline) and that he has not communicated anything so far. No wonder: if they had wanted to apply their own law Gabriel would already be free! Continue reading “Spain: Update on our comrade Gabriel Pombo Da Silva (October 2022)”