Daily Archives: 28/12/2018

Spain/Brazil: This is Carlos García Juliá, sentenced for the killing of Atocha to 193 years in prison

Así es Carlos García Juliá, condenado por la matanza de Atocha a 193 años de cárcel

Carlos García Juliá he fired six shots with his Star Super model to which he had placed a 9 Parabellum cannon. The shooting of this young man whom the parish priest of San Ginés defined in the summary pages of the Atocha case as “normal, jovial, affectionate and well connected with the serious and honorable youth of the neighborhood, with exemplary religious and moral life”. they caused the death, according to the opinion of the autopsy and the ballistic analysis, of Javier Sauquillo and Serafín Holgado “. This was how the journalist José Martí Gómez described in the pages of La Vanguardia on September 20, 1984, one of the authors of the killing of Atocha of January 24, 1977, which has now been arrested in Brazil after fleeing Spain, using different identities to outwit the Spanish justice.

About García Juliá, who was 24 years old when he shot to kill in the law office of Atocha street in Madrid, weighed an arrest warrant by the National Court since he got a prison permit in 1992. Then, he decided to leave Spain and he lost track until he was arrested in Bolivia for drug trafficking. But he managed to escape from prison and the track was already lost.

This is how the Atocha events occurred chronologically:

– After 10 and a half at night, three right-wing gunmen enter face uncovered in a labor law firm located at number 55 in the Madrid street of Atocha. Apparently, they were looking for the person in charge of the then illegal transport union of Comisiones Obreras (CCOO), Joaquín Navarro, who had left the office a short time before.

When they did not find him, they decided to kill those who were there at that moment. Five people are killed. They started firing at the administrative Angel Rodriguez Leal, who died on the spot, and then gathered and strafed the other eight people who were on the floor – seven lawyers and a law student – all linked to the Communist Party and CCOO. Luis Javier Benavides and Enrique Valdevira died on the spot, while Francisco Javier Sauquillo and student Serafin Holgado died hours later at the hospital. Four people were seriously injured, but managed to survive: Dolores (Lola) González Ruiz – married to Sauquillo – Miguel Sarabia, Alejandro Ruiz-Huerta and Luis Ramos Pardo.

– March 12, 1977.-The perpetrators of the attack are arrested: Carlos García Juliá, José Fernández Cerrá and Fernando Lerdo de Tejada, members of the self-proclaimed Comando Hugo Sosa, linked to the Anticommunist Apostolic Alliance; as well as the then provincial secretary of the vertical transport union of Madrid, Francisco Albalejo. But there are four others involved more.

https://spainsnews.com/this-is-carlos-garcia-julia-sentenced-for-the-killing-of-atocha-to-193-years-in-prison/

http://dayoftheendangeredlawyer.eu/backgrounds/

https://en.wikipedia.org/wiki/1977_Massacre_of_Atocha

https://www.vilaweb.cat/noticies/lextrema-dreta-parapolicial-de-la-transicio-embrio-del-terrorisme-destat/ (ESPANOL)

https://www.facebook.com/abogadosatocha/ (ESPANOL)

https://actualitatpenal.cat/es/2018/12/06/flash-detienen-en-brasil-a-carlos-garcia-julia-condenado-a-193-anos-por-la-matanza-de-abogados-de-atocha-en-1977/ (CATALAN)

https://pt.wikipedia.org/wiki/Matan%C3%A7a_de_Atocha_de_1977 (PORTUGUES)

https://fr.wikipedia.org/wiki/Massacre_d%27Atocha_de_1977 (FRANCAIS)

#DayoftheEndangeredLawyer

UK: The Secret Barrister: ‘Without legal aid, the rule of law collapses’

December 27, 2018

Barristers and lawyers protesting

The Guardian asked the Secret Barrister, author of the bestselling book Stories of the Law and How It’s Broken, to answer candidly some questions on the criminal justice system: how it works and how, all too often, it doesn’t.

How are the cuts in legal aid affecting people?

In the criminal sphere, which is where I operate, legal aid cuts over the past decade have restricted access to funding in both the magistrates courts (where less serious offences are tried) and the crown court (dealing with serious offences, including those carrying up to life imprisonment).

The impact is felt in several ways. Firstly, many people who are far from wealthy are deprived of funding altogether. Anyone with an annual household disposable income of £22,325 is excluded from legal aid in the magistrates courts, with £37,500 the cut-off in the crown court. Up to those figures, you will be eligible for legal aid but may be required to pay “contributions” over the months or years as your case progresses. You will be reimbursed if you are later acquitted, but the sums demanded can be prohibitively high, and I see more and more people deciding to opt out of legal aid altogether as they can’t afford the contributions.

But the biggest hit affects those above the threshold. They are forced to either represent themselves in complex criminal proceedings, or to pay privately for legal representation. Private legal rates can run to tens and even hundreds of thousands of pounds if the allegation against you is particularly complicated or serious. If you are acquitted, the government will then only reimburse your legal fees at legal aid rates, meaning you are forced to pay the difference yourself. This “innocence tax”, as it has been dubbed, has seen acquitted defendants forced to sell their homes and exhaust their life savings. It means that the state can falsely accuse you of an offence, and when a court exonerates you, you are nevertheless bankrupted by the cost of defending yourself.

https://www.theguardian.com/law/2018/dec/27/secret-barrister-legal-aid-the-rule-law-cuts

https://www.theguardian.com/law/2018/dec/26/strain-of-legal-aid-cuts-showing-in-family-housing-and-immigration-law

https://www.theguardian.com/law/2018/dec/27/i-couldnt-fight-to-get-my-children-back-the-impact-of-legal-aid-cuts

https://www.theguardian.com/law/2018/dec/27/its-completely-wrong-falsely-accused-tory-mp-attacks-legal-aid-cuts

https://www.bbc.com/news/uk-46357169

https://www.theguardian.com/law/2018/nov/24/legal-aid-cuts-huge-threat-access-to-justice-in-uk-bar-council

https://www.theguardian.com/law/2018/dec/26/legal-aid-how-has-it-changed-in-70-years

https://www.dailymail.co.uk/news/article-6535147/Tory-MP-Nigel-Evans-calls-legal-aid-cuts-reversed.html

https://www.swindonadvertiser.co.uk/news/17289488.cuts-to-legal-aid-failing-domestic-abuse-victims-says-chief-of-swindon-womens-aid/

https://www.lawgazette.co.uk/law/junior-barristers-call-for-return-to-action-in-legal-aid-row-/5068739.article

https://www.thetimes.co.uk/article/minister-flags-up-wholesale-review-of-criminal-defence-legal-aid-rates-zcvc3xjn5

https://www.thetimes.co.uk/article/justice-ministry-delays-release-of-legal-aid-cuts-review-nhgcdlqv9

https://www.gov.uk/legal-aid

https://en.wikipedia.org/wiki/Legal_aid

Turkey/Armenia: Prosecutors launch investigation into Diyarbakır Bar Association

December 27, 2018

Diyarbakır Barosu

The chief prosecutor’s office in the southeastern province of Diyarbakır has launched an investigation into several statements made by the former head and the members of the Diyarbakır Bar Association, Duvar news site reported on Thursday.

The prosecutor’s office launched the investigation under the Article 301 in the Turkish Criminal Code, which states that it is illegal to “insult Turkey, the Turkish nation, or Turkish government institutions.”

The bar association said in a written statement that the investigation was related to several press releases and reports of the institution. One of the press releases was made on April 24, 2017 to mark the anniversary of the deportation of Armenian intellectuals from Istanbul in 1915.

The association is also being investigated for using the work “Kurdistan” in a press release criticising a parliamentary disciplinary action against Osman Baydemir, a former deputy of the People’s Democratic Party (HDP) and former mayor of Diyarbakır.

The prosecutors accuse the bar association of “failing to recognise the Kurdistan Workers Party (PKK) as a terrorist organisation” in a report that examined the deaths of two Turkish civilians, a father and a son, in 2017. The civilians were reportedly hit by an armed dronebelonging to Turkish military in a rural area in the southeastern province of Hakkari.

https://ahvalnews.com/article-301/prosecutors-launch-investigation-diyarbakir-bar-association

https://www.turkishminute.com/2018/12/28/diyarbakir-bar-association-investigated-for-insult-to-turkishness/

http://bianet.org/english/human-rights/204099-investigation-against-diyarbakir-bar-association

https://www.gazeteduvar.com.tr/gundem/2018/12/27/diyarbakir-barosu-hakkinda-sorusturma-baslatildi/ (TURKCE)

http://gazetekarinca.com/2018/12/diyarbakir-barosu-baskani-elci-cinayetinin-muhtemel-failleri-tespit-edildi/ (TURKCE)

http://www.diyarbakirbarosu.org.tr/ (TURKCE)

#DayoftheEndangeredLawyer

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