The court of the Eighth Section, based in Jerez, condemns Jose Miguel Herreramanager of the Breña del Agua farm, already Manuel Alcaidethe person who physically left drugs in the van of environmentalist Juan Clavero, one year in prison and a fine of 2,700 euros because they consider that they devised a plan so that the ecologist was arrested.
Both are convicted of crime of false denunciationalthough the mitigating circumstance of undue delays is applied to them, as it was the cause of the year 2017. Also, must jointly compensate Clavero in 20,000 euros plus interest for the damages caused.
For their part, the two other defendants In this procedure, foremen Óscar González and Juan Luis Pérez, they have been acquitted of all the charges for which they had been accused: false denunciation, illegal detention and criminal organization. Herrera and Alcaide too have been exonerated of the crimes of illegal detention and criminal organization.
In the proven facts, it is noted that the two convicted They agreed to “cause trouble” to some members of Ecologists in Action when this entity was going to organize a protest in August 2017 due to the closure of public roads in the Sierra de Grazalema Natural Park, in the province of Cádiz.
Thus, they decided that one of them would participate in said route, posing as a supporter of the environmental group and that, “discreetlynput a certain amount of drugs into the vehicle of one of said members to then notify the Civil Guard and encourage the opening of the corresponding criminal proceedings.”
Given all this, the court determined the existence of a crime due to false reportingsince the conduct that is attributed to the accused is that of “having devised consciously a sequence tending to create an appearance of commission of criminal acts by Juan Clavero that will lead him to undergo criminal proceedings for such acts”, a crime applied only to the two people who hatched the plan.
Ecologists in Action regrets the sentence
In a statement, Ecologistas en Acción has considered that the sentences imposed against the people who “organized a plot” to have the activist Juan Clavero arrested, “do not correspond to the severity of the events that have been accredited in the trial”.
Thus, they have regretted that the requests of the private accusation exercised by Juan Clavero and the popular one exercised by Ecologistas en Acción, which requested higher penalties for the crime of false reporting, for the crimes of provocation and conspiracy for illegal detention and simulation of crimes, as well as “larger” compensation.
Furthermore, they consider that the penalty does not correspond to the severity of the damage that they wanted to cause to the environmentalist, “who could have ended up in prison as a drug trafficker,” notes Ecologistas en Acción.
According to environmentalists, Clavero received the sentence “with a bittersweet taste” and that “it has been demonstrated how the trap he suffered was organized.” considering that the sentences are “too light.”
Ecologistas en Acción assesses that “the stratagem concocted by the two main people responsible for this plot has therefore been dismantled, which consisted of assume all the blame in the trial for the hitman who planted the drugsexonerating José Miguel Herrera. Nobody believed it, neither did the court.”
Both Juan Clavero and Ecologistas en Acción are studying with their lawyers the possibility of file an appeal before the Supreme Courtunderstanding that the crime of illegal detention must be considered and the penalties and compensation increased.
During the trial, the affected person and Ecologists requested a increase in penalties for false accusation to two years in prison due to the aggravating circumstance of treachery and a fine of 14,400 eurosin addition to four years in prison for the crime of provocation and conspiracy for illegal detention, one year in prison for the crime of belonging to a criminal group and 7,200 euros for the crime of simulation of crimes.
In total It would have been seven years in prison and a fine of 21,600 euros for each accused, in addition to a compensation of 50,000 euros to Juan Clavero and 20,000 euros to Ecologists in Action for moral damages.
“The total duration of the process has been extended, unjustifiablyfor more than six years since the statement was taken from those investigated, on date March 15, 2018until the oral trial was held in recent days October 1 and 2, 2024″determines the failure.
Given this, environmentalists point out that “the slowness of Justice, and the delaying maneuvers of the defenses, end up benefiting criminals and harming their victims“.
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