The government spokeswoman affirmed this Friday that it will be necessary to check if it was correctly acted in the process that led to the release of Francisco José Almeida, detained by the death of a nine-year-old boy in LaRDero (Logroño). "Undoubtedly, it will have to be reviewed if there has been a specific problem in this protocol," said Isabel Rodríguez in a morning interview on Antena 3.
A few hours later, in a public event in Barcelona, the Minister of the Interior, Fernando Grande-Marlaska, more concerned, expanded the possible field of research. To criticism for the performance of penitentiary institutions for granting him the third grade he highlighted that Almeida was already in another more advanced phase in which the responsibilities are others. "I do not know why he is talking about third grade, this person was on probation, which is a resolution of a judicial authority, and was not appealed by the prosecutor."
The interior responsible gathered in a sentence the three instances - prison institutions, courts and prosecution - that since the arrest of Almeida 23 years ago have intervened in its penitentiary situation and that they led to the fact that on October 28 it was released.
The Penitentiary Surveillance Court, for example, granted the first output permits against penitentiary institutions. Prisons, on the other hand, ended up giving the third grade, a regime of a semiliberty that the prosecution did not resort, nor was he opposed to accessing probation.
The Court allowed its departures against the criteria of penitentiary institutions
After being arrested on August 24, 1998, due to the death of a real estate agent in Logroño, the first time that Almeida can come to freedom is in 2013. It has been completed 15 years of sentence. A jury court had imposed 30 years for murder (20) and sexual assault (10). The figure was refounded in a single penalty of 25 years according to the maximum imprisonment time rules.
The law allows access to ordinary permissions once a quarter of the penalty is fulfilled, a barrier that almeida has exceeded - it brings more than half - without these authorizations arrive. The Treatment Board of the Cantabrian prison of El Bike, to which he has been transferred by the severity of his sentence, opposes.
These are the internal resources that give you access to ordinary permissions. According to Legal Sources, Santander's Penitentiary Surveillance Court estimates the petition for Almeida and grants the first outings. Good behavior encourages the concession of the following, which will no longer stop. Almeida comes to accounting 39 output permissions between 2013 and 2020, according to penitentiary sources. In none of them he has problems, which eventually makes it easier for him to be granted the regime of semilibertad.
The provincial audience revokes two decisions of the semilibertad judge
In 2015, two years after achieving the first permit, Almeida tries to go a step further. The Board of Treatment of the Bich, obliged to periodically review the situation of it, keeps it in the second grade, the most frequent closed regime in prisons. The negative of August of that year, Almeida responds to the General Secretariat of Penitentiary Institutions to review the decision. The answer from Madrid is the same: He is not progressed to third grade.
Almeida is then directed to Santander's penitentiary surveillance court, responsible for the inmates of the bore. On October 23, 2015, a month after not prison, the court estimates the resource of it. According to legal sources, in a self-sufficiency, the surveillance judge concludes that "it has rise to the progression".
The judge argues that the references of prisons and the prosecutor at the seriousness of the crime are already contemplated in the abound of the penalty, which has widely exceeded two thirds of compliance, shows good behavior in prison and is complying with the economic obligations imposed in sentence. In addition, for the outings of it, it has the support of an association that has been offering training and work.
The following year, the prisoner tried again. He takes the Court a new refusal from the General Secretariat of Penitentiary Institutions. Again the judge estimates the resource. On this occasion the car is not that parco. She indicates that, despite the seriousness of the crime, to which you have to attend is to "the penitentiary trajectory" of the inmate. By then, Almeida has already been more than a fortnight of ordinary output permits without incidents.
The self emphasizes that the intern has impeccable behavior and has been fulfilling its individualized treatment program for years. Thus, the car of April 26, 2016 considers it "prepared for a semilibertad regime". Again the prosecution resorts the decision before the sentencer court. The Rioja audience revokes the progression of grade.
Penitentiary institutions accesses against the Treatment Board
After the second refusal of the audience, Almeida verifies that the prison continues to maintain him in the closed regime. He lets spend some time without resorting, until at the end of 2019 he tried again. In November, the Treatment Board has maintained it in a second grade by six votes to three and Almeida decides to take the matter to the General Secretariat of Penitentiary Institutions. This time, on February 6, 2020, he does grant him the third grade.
Penitentiary sources indicate that at that time it is valued that the negative of the Treatment Board has not been unanimous, that the permits without incidences are already 38 and that its evolution in the treatment and in prison has been good. Also that he has exceeded in three years the fulfillment of the three quarters of the sentence, a milestone that opens the door even to probation.
The decision of penitentiary institutions is to grant him the third degree, opting for the so-called "restricted open regime", expected for punisher "with a peculiar criminal career, anomalous personality or diverse personal conditions." It allows to restrict the outputs abroad, establishing the conditions, controls and other means of guardianship.
The decision is communicated to the Prosecutor's Office, which can appeal the degree progression. But this time there is no resource. Almeida passes to third grade and, at the same time, is transferred to the Logroño prison.
Shortly enough, the meeting of that center offers probation. The Penitentiary Surveillance Court of Logroño reviews the file and asks for the opinion of the Prosecutor's Office. "It is transferred to the fiscal prosecutor, which issues reportingly not to oppose probation", collects the car of April 8, 2020 that grants that regime. By then, Almeida was 21 and a half years of sentence.
The resolution imposes certain rules of conduct, the fixation of an address, bi-monthly presentations before the service of management of penalties and alternative measures and participate in the Labor Insertion Program. In the year and a half that he is on probation, Almeida maintains interviews with prison officers. Everything seems to be fine until the afternoon of October 28.
PP and VOX carry the matter to the control session to the government
Apart from the declarations of Ministers Rodríguez and Grande-Marlaska, the opposition was also pronounced on the matter. The PP and VOX have presented parliamentary questions for next week the Minister of the Interior explains in the control session the performance of the department of it.
VOX, in addition, has submitted a complaint with the Prosecutor's Office for the granting of the third degree by penitentiary institutions. According to Santiago Abascal's party, that decision - which the prosecution did not resort - could have been a crime of prevarication.Updated Date: 07 November 2021, 03:28