The Provincial Court of Navarre has returned to fail in favor of the provisional freedom of La Manada, the five men sentenced to nine years in prison for abusing an 18-year-old girl in Pamplona during the first night of San Fermín in 2016. The Second Section of the Navarrese court has dismissed the appeals that the accusations filed last January 3 when the Audiencia itself decided to maintain that freedom, where they stayed since June 22, Y after the Superior Court of Justice of Navarre (TSJN) ratified the sentence On December 5th.
Last January, the decision of the Provincial Court reopened the judicial debate on probation, despite the fact that it is common practice for those convicted without a final sentence to be on the streets after two years. Jurists and experts pointed at that time to the specific circumstances of this process and insisted that the five men had already been convicted and the sentence had been ratified by the TSJN. But, despite the fact that this case has led to legislative and social changes, the Navarre court has ratified its own decision.
At that time, as now, the audiencia decided by two votes against one: that of Judge Raquel Fernandino and Judge Ricardo González in front of the President of the Chamber, Francisco Cobo, who has issued a discrepant individual opinion and in which he reiterates his request for provisional detention communicated and without bail, up to the maximum limit of four and a half years, discounting from that period the time they were in prison, between July 9, 2016 and June 22, 2018, when they left after paying, each of them, 6,000 euros of bail.
Against the car that Fernandino and González sign, there is no possibility of appeal. They argue for their decision, among other reasons, that although the events for which they are condemned are serious, "it does not imply that this inevitably leads to an increase in the risk of flight, which justifies the modification of the personal situation of the prosecuted. " And they explain in that same document that the personal and family attachment must be taken into account, that there is no indication that they have "economic means abroad or even in Spain" and that, until today, "they have complied punctually with the obligations that were imposed on them. "
For Carlos Bacaicoa, the victim's lawyer, this is once again "expected". And it affects "the absurdity that the appeal must be resolved by the same body that dictates the resolution appealed." To the lawyer it seems "an outrage" of the Law of Criminal Procedure: "Let's see if one day these legislators realize this and eliminate this procedure. Logically, it should be a superior body to which the one that decides on the contested decision is resorted ".
The prosecutor against gender violence in Andalusia, Flor de Torres, explains that this is a usual legal channel, "although there is social dissent in what is dictated." "They are procedural rules, correction mechanisms of the courts themselves to retract or not a decision already made." He adds that, when there is a final judgment, there is a possibility of appeal, "but this is not the case". Now, the sentence is awaiting the decision of the Superior Court of Justice.