On November 9th of this year, the writ of amparo filed by Los Otros Abogadoz against the ruling of the Appeals Court regarding the case of Luis Fernando Sotelo Zambrano was resolved. The ruling condemned our compañero Luis Fernando Sotelo Zambrano to 13 years and 15 days in prison and ordered him to pay for damages reaching more than 8 million pesos (roughly $430,000). The sentencing was related to the supposed crimes of attacks on the routes of communication, attacks on public peace, and damage to property.
It is important to highlight that in the writ of amparo we presented, technical and judicial arguments were put forth regarding the analysis of the three aforementioned crimes, demonstrating that full criminal responsibility of Luis Fernando is not proven. Likewise, it argued against the constitutionality of Article 362 of the Penal Code of Mexico City, demonstrating that the crime of attacks on public peace violates human rights, and above all, is an instrument of social control utilized by the Government of Mexico to criminalize and repress social protest.
After analyzing the decision regarding the amparo, we realized that the criteria of the judges of the Second Tribunal Court were polarized. Two of them backed the amparo regarding the commission of the aforementioned crimes, but reiterated the constitutionality of 362. The dissenting judge declared that article 362 is unconstitutional, but that our compañero should not to be absolved of the crime of attacks on public peace. However, the writ of amparo was approved by a majority, passing the harsh and institutional criteria of the “imparters of justice”.
Now, the Fourth Criminal Court of Mexico City has ten days to void the sentence dictated against Luis Fernando on December 7th, 2016. It would have to emit a new resolution where they comply with the requirements of the collegiate court in their decision regarding the writ of amparo. An act that would mean a reduction in sentence.
Without doubt, their intention is evident, to keep our compañero in prison. This exemplary punishment is meant to warn all those that organize, struggle and work in solidarity with the social causes and against the injustices that are committed in our country every day. Once again, we see that the Judicial Power is at the service of those who truly exercise power in Mexico: the businessmen.
Regardless, we will continue the judicial battle as we have done during these three years, since we took on the legal defense of Luis Fernando Sotelo. Today more than ever, we reiterate our commitment and word to the freedom of all of the political prisoners kidnapped by the terrorist state.
Freedom to Luis Fernando Sotelo!
Freedom to Miguel Peralta!
Free to all of the prisoners that resist and organize from below!
Los otros Abogadoz, November 2017