[AktiviX-discuss] for reflection

[mark]

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bou:
> Some anarchists have been arrested in Spain.
> 
> "Using the server Riseup.net or reading the book “Contra la
> democràcia” (“Against democracy”) are evidence used in order to
> justify their detention."
> 

I don't know the legal system works in Spain, but if it's anything
like what it is in the UK, these justifications will have been written
by the police in order to frighten a judge (socially conservative
person who doesn't know much about praxis) into authorising an
eviction or denying someone bail ("preventative detention").

Once the defendant has the benefit of a decent lawyer, whose job it is
to remind the judge about human rights or to tell the judge about the
social value of their activism in civic terms that he (usually male,
yes) can understand, then bail is granted, as long as the cops didn't
find anything more incriminating when they did the raid or whatever;
like if the squat couldn't afford the correct EN 14470-1 storage
cabinets for their flammable materials, or whatever.

But of course, the important thing is that the people effected had
their freedom taken away when they needed it most, even if it will be
restored later. And in this case, it seems the defendants' lawyers
didn't get to see the reason for keeping them detained, i.e. the
prosecutor could be talking complete shite as there's no opportunity
to refute (yet). Presumably there's some time limit to this?

I would be interested to hear the full reasons given for any on-going
detention, rather than the spurious reasons the cops offered
initially. I think it is important to differentiate between reasons
cops use to scare a judge, justifications that could withstand trial,
and suspension of the right to a fair trial, if that is what's happening.

IANAL obvs.
Mark
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