CARLOS "SKIN" anarchist prison in mexico

CARLOS ALBERTO ESTRADA,
ANARCHIST UNFAIRLY IMPRISIONED MORE THAN FIVE YEARS AGO.

On 14th May 2001 I was walking to work at 12.55, thus my workplace is
very near my home, when I was detained by the police, accused of having
supposedly committed a robbery. When I deny the allegation, they
introduce me in the patrol car and started intimidating physically and
psychologically to me. They carried me to the PGJ, where they continue
enquiring me, and when I deny the charges they started hitting me. I was
told that I had committed extreme infringements and that I had to be
moved to the CE.RE.SO. (Social Readaptation Centre), where I was
prosecuted for the following charges: robbery in a living module,
carrying of gun, kidnapping tentative and rape tentative. During the
trial, none of these charges could be maintained because of lack of
evidences and coherence in the demand against me, as the party accusing
me couldn’t prove the accusations made against me.

During the trial, the man that accuses me said that three individuals
got into his house, trapped him with a blanket that had a hole on it
(that’s how he said he saw my feet and recognized me); her daughter said
that I covered her mouth with one hand, with another hand I hold her
breast and with “ANOTHER” one I passed the gun through her vagina. The
young woman was pregnant at that moment (now she already has a child)
and in my opinion this situation could have lead to an miscarriage. The
daughter’s husband said that we pricked him, but the daughter said that
her husband wasn’t at home. The two guys that were supposedly with me
never appeared, and there’s where I start thinking it’s only me who did
everything. On the record it is said that mobile phones, electrical
appliances, jewels and other valuable objects were stolen.
I’m condemned to 15 years and 6 months in prison, and a penalty of
approximately 6.000 pesos. The day I’m told the sentence I phoned my
family to tell them the bad news and my sister tells me that someone had
spoken to my mother to offer her help: the stolen amount wasn’t higher
than 10.000 pesos, and if we paid her 5.000 she could help me out. My
mother trusted this woman and gave her the money, but then she did
nothing to help me, so she had stolen the money. During the next visit
my mom cried, she wanted me out of this place.
We appealed the sentence and after a few months the appeal favours me,
as the sentence is reduced to 12 years and 6 months in prison and a
penalty of 6.000 pesos. Immediately we asked for an appeal for legal
protection (this time directly) that obtains no benefit and I stay with
the same sentence.

At this point you will be wondering why my innocence couldn’t be proved,
why if the inconsistency of the declarations and the lack of evidences
are so heavy I’m not set free. Well, on this system we are living there
are people who study law just to acquire money and a high social status,
forgetting the reason why they studied. What I want to say is that most
lawyers are only interested in having your money and not in proving your
innocence; they don’t care if you have to stay for long in prison. My
first lawyer just dedicated himself to ask my family for money,
profiting they hadn’t got a clue of laws and the despair of my family
and friends to see me free. The second one only received his wage and
did nothing on my favour, leaving my case to the legal aid lawyer, paid
by the government, who’s part of the same institution that accuses me
and that’s only created to leave in jail the poor people. A third one
could only reduce my sentence, because the other two had used up
all my legal resources and what he found was a case full of negligence
against me.

I have been illegally imprisoned for five years now, by those who
pretend to defend justice and truth, but who really are based on
meanness and injustice. I know I’m innocent and that my external
appearance was a big cause for my arrest, as in this society dressing on
a different way is very bad seen, and if you do so, you are considered a
criminal. Now I’m waiting for a new lawyer who can check my legal
situation , just to see what can be done on my favour, as the other
lawyers had worsen it. Some of my mates outside are in charge of
everything (I’m very grateful for that) and I feel really positive to
gain my freedom this time. During the whole trial my family has always
been there, as well as Adriana, my girlfriend, and most of you, who had
supported me during the procedure until today. Thanks a lot for that.

Some of the arbitrary actions done during the arrest and the trial are:
a) The facts happened on the 7th April 2001 and he’s caught one
month later, on the 14th May 2001.
b) The police arrested him without any arrest warrant even when
the man accusing him said that he knew where he lived and his name,
because they are neighbours. Then, why didn’t they go immediately to his
house to arrest him but waited one month?
c) They said they recognized him because he had long hair, but
Carlos has been wearing short hair for a long time.
d) There is no complete assurance from the party accusing that it
was him who committed the robbery, and it’s never said how the others
participated in the crime, as they supposedly said there where three of
them.
e) When they present the bills of the supposedly stolen objects,
these are not considered, because they are all written by the same
person (with a very similar handwriting to the daughter of the man that
accuses me) and in one of them the address of the shop doesn’t
correspond with any actual business.
f) When it’s said that while he was assaulting the man, at the
same time he had her daughter over the bed, and with one hand he passed
the gun trough her vagina, argument without validity, thus to make such
thing he should have more than two hands.
g) The day when everything happened he was at a social centre in
the south of town, more than four hours away from the place of the
robbery. We presented the declaration of two friends and a teacher that
were with me to ratify this version.
h) When he’s arrested, the two policemen introduce him a knife,
which is after presented as evidence against Carlos.

All these facts proved his innocence, therefore he had to be freed, but
the Ministry of Public Affairs couldn’t accept so, as if they set me
free I could prove the police abuses and vexations made by the different
police and judicial departments and I could sue them, altogether with
the lack of ethics of the lawyers who said to defend him.

After having asked several lawyers about the actual legal situation of
Carlos and the chances to prove his innocence, we have been told two
very important things:

1) That the former lawyers had exhausted any legal instances that
could prove Carlos’ innocence.
2) That the only thing that can be done is to ask for the pre-release
before the judge.

This pre-release consists on parole, under the condition than the
prisoner keeps a good behaviour before society and goes periodically to
sign before the judge, and also that he assists to different speeches in
the time he stays still in prison. The fact is that this pre-release can
only be asked for once, and if denied, it could never be asked for
again.
What they ask to be fulfilled is as follows: Carlos should have had a
good behaviour during his imprisonment and fulfilled the different rehab
areas, that is, working area, custody, medical, psychological,
educative, social work and psychiatric. The person in charge of each
area must give a positive diagnosis about Carlos’ behaviour and rehab,
so that the judge can review it and approve or deny this pre-release. In
case that one of the diagnosis was negative, the pre-release would be
automatically denied.

There must be also a legal tutor who signs and gets in charge of Carlos
when he reaches his pre-release and gets out of prison for the rest of
the sentence, having therefore a place to live and a job for when he’s
freed. A social worker will check that all these conditions are
fulfilled.
Before this new scenario we have talked with Carlos’ family to accompany
and support them economically during this petition, so what we have to
do now is:

1) To talk with Carlos about all these conditions for his
pre-release, so that he can fulfil them if he hasn’t done it already and
write the pre-release document.
2) To ask for economical support for the expenses generated at the
pre-release (if it’s accepted, Carlos would have to go and sign
periodically, have a place to live, so money should be needed to rent a
house, as he could not be back to the place where he lived before).

That’s why we’re asking for your solidarity, to join enough money for
the expenses of this procedure, and for that purpose, his family has
opened a bank account where this money will be gathered altogether.

(BANAMEX Suc. 4006, bank account 39749, key BNMXMXMM)
Anabel Jazmín Estrada Arroyo

For more information or any letter for Carlos you can write to the
following email address: carloskinoi [at] yahoo.com.mx

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