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Santiago Botana is a member of the Nodo50 permanent workforce (http://www.nodo50.org) since 1998, has been sentenced to 4 years in prison. Within this web we want to publish the facts surrounding the case against Santiago, explain the context in which facts and evidence have come up and analyze he was framed. But, above all, we want to stop Santiago from being incarcerated, and this is why we are collecting names in a campaign to drop the charges against Santiago. Santiago Botana was on November 17th 1995, taken to hospital due to injuries caused by a detonation that took place at his home address. He spent one and a half month in La Paz Hospital (the first 10 days in a coma), as well as two weeks at the Carabanchel Prison Sickbay. The bail was set on 3.000 euro. Santiago was the only person injured by the explosion. The explosion was caused when he was handling home-made flares that he used for spelunking, a sport he has practiced since 1987. This event was quickly picked up by the newspapers and made the headlines. The version printed by the newspapers was based on police sources without the benefit of a doubt: the closeness to November 20th, which is a fascist-antifascist mobilizations date and his "ultra-leftist activist" profile turned the event into "something arranged by marginal groups from extreme left-wing". The pressure from the mainstream media and a few made-up or manipulated "evidences" has ended up in a hard sentence of 4 years in prison.

Santiago was on November the 17th 1995, hospitalized as a result of an explosion occurred in his home in Madrid. This accident causes the amputation of some phalanges in one hand, multiple wounds, perforation of the inner ear and 15% burns to his body. He was hospitalized for a month and a half, where the first ten days he was in a state of coma. He also spent two weeks in the prison infirmary before being released on a 3000 euros bail. Santiago was the only one injured in the explosion.

This incident made the headlines in the biggest newspapers in Spain that are financed by the state. The story printed by the newspapers was based on police sources and without giving the benefit of a doubt of his innocence: the explosion was closed to November 20th, which is a fascist-antifascist mobilizations date and his profile as an "ultra-leftist activist" turned the accident to "something arranged by marginal groups from extreme left-wing" with the intension of "preparing explosive material to throw during the antifascist demonstration".

Circumstances surrounding the facts

In 1995 there was an increased aggression against right wing groups. This aggression increased even more just before November the 20th. And it was clear that this year there was going to be violent actions from the police against the antifascist demonstration and in the district of Lavapiés. There is a police report obtained by a deputy of IU talking about this.

The antifascist demonstration took place, as every year on November the 19th. The manifestations are against the traditional celebration of the death of Franco, celebrated by supporters of the oppressive system. Different groups organized the antifascist demonstration, where one of them was Solidaridad Obrera, a group where Santiago was a member. There was no strike on Lavapiés, but groups of nazis "went hunting", causing violent provocations during the whole weekend.

The press quickly characterized Santiago as an "ultra left winger" and "anarchist" and linked the accident in Santiago house with the activities of antifascist-armed groups. From the beginning just four hours after the explosion more or less, the version given by the press that Santiago was preparing a bomb for the demonstration that upcoming weekend was circulating all media. All the news where obtained with information from the police, that is to say, of self-interest sources. It is impossible to establish that Santiago is guilty in just four hours of investigation. And we find that there is an official report of what happened without any proves to support it. Furthermore, the evidence needed to support this case can't be used as evidence, which we will explain later.

Santiago begins his political awareness at the age of 15, going to demonstrations alone and later by the age of 17 years he joins KLESA, an anarchist youthful collective from which Asamblea de Okupas de Madrid (AOM) arises in 1987. Santiago participates in these actions in 1987-88.

In 1988 the collective is divided into several groups with specific tasks: incarcerations, contra information, antifascism, feminism, international solidarity, et c. Like many others Santiago is active in two or more groups. He works with independent alternative information (in the UPA agency), antifascism (in the Antifascist Autonomous Collective) and antimilitarism (in the group Los Invisibles). Santiago also participated in an insubordination movement against the military services, which caused him on February 1992 a jail sentence of 2 years and 4 months. Santiago didn't show up for his sentence and there was a warrant for his arrest for 3 and half years.

Santiago goes to El Salvador in 1993, when that country is in the full peace process. He participates in the Cultural Project El Sur, promoted by FMLN militants, for developing cultural activities in peasant communities. To finance this project they open a bar in San Salvador, a meeting place, a forum for musical and theatrical performances and a place to show videos and exhibitions. Santiago work as a cook. In 1994 the project was unfortunately shut down due to financial problems that troubled the project from the very beginning. Santiago returns now to Madrid.

The roll played by the media

We would like to show you how the media in a very short time printed a serious of hasty conclusion and comments that are responsible for the characterization of Santiago as an "ultra left winger militant" related to terrorist organizations:

- The sources used by the media: if we take a quick look at the articles in the press we see that the sources of the reporters are not impartial and come from a small group of people. Most of the sources, 9 of 14, come from the Security Forces close to the Government Delegation. The space dedicated to explain Santiago's version is only one paragraph and is published 41 days after the fact, on the front page next to the police version.

- The characterization of Santiago: First of all, specific adjectives are used in the articles to describe him and other people involved. Second of all, a whole lot of assumptions are used in the text: the specific and concurrent tone and terminology use in the text aims to separate the ideological and political situation in which the events are developed:

- Adjectives used in the articles: following the headlines, we can read words like "radical youth", "radical left-winger", "left-winger", "antifascist", "anarchist", "ultra left-winger". It is interesting to see how Santiago's political views play a big part: he is radical therefore suspicious. And it only appears twice in the articles how neighbor's perceive Santiago, namely as a "normal and nice person". And the newspaper only prints it to compare it with his "real" identity.

- Previous event brought up by the media: there where articles bringing up Santiago not serving his sentence in February 1992 for participating in a insubordination movement against the military services. Only in two occasions the press mentioned Santiago's views off the military. There is no doubt that all of these things where printed to create a higher level of irritation and to make it easier to justify the official story printed by the press.

- Political militant background: we have to distinguish here his real militant/radical actions ("occupier", "militant of Solidaridad Obrera") and the "supposedly militant activities" Santiago was accused of but never proven; this refers to the insinuation in an "external support" stating that Santiago could be linked with ETA, GRAPO or Jarrai. In fact, it is provable that the report stating this is one of many reports referring to conflict of right wing groups or Jarrai, insinuating that it is the same thing.

- The warrant to search Santiago's house: the press gathered without scruples stickers on "propaganda against the State Security Forces" and "against the Civil Guard" from the residence during the police search of the house. The press publishes the findings, not only the stickers but also finding the Basque flag (also called ikurriña) and a poster of the musical group Negu Gorriak. This is done to build up the official story and to throw away the possibility that Santiago is innocence.

All this things that really don't have any legal support help to create a public opinion against Santiago, it creates a "social alarm" and an "out of court" trial.

Our explanation of the facts

Santiago practices spelunking since 1987. In 1995, he started to use flares, industrial or homemade, as an alternative way to illuminate. The usage of flares is not that common in spelunking, but can be used as a cheaper method to illuminate when photographing high and low points, compared to using flashlights or spotlights. This explains why he was making these flares.

Santiago was trying to make flares the day of the accident, that he could use during the upcoming weekend in November (18-19) 1995. The material used to make the flares could be purchased at any drugstore. Unfortunately Santiago made some mistake due to his lack of experience and caused a small explosion that wounded him quite badly and also caused him to pass out. They're where a few material damages like broken glass. Santiago had to be carried out though the window on a ladder by the paramedic due to the small staircase in the house. The press would later state that the damages cause by the ladder where actually caused by the explosion, and thereby exaggerating the level of the explosion.

Santiago was hospitalized for 42 days under police surveillance. During this time Santiago used his constitutional right not to talk to the police. His condition prevents him from appearing in court where he is accused of terrorism, on December 27th, and the hearing is held at the hospital by his bed. Santiago pleads innocent to all charges. The next day he is moved out to the prison infirmary in Madrid. The judge sets bail at 3000 euros.

He was charged with possession of explosives with a sentence of 5 year in jail. The district attorney charges Santiago of something that was never proven: the intention of making a bomb to attack the fascist demonstration that late weekend in November.

And to support these charges the district attorney and the police use the different objects found in Santiago's house as "supporting evidence". Things like the ikurrina and a poster supporting the insubordination against the military, a placard supporting EZLN reveals his revolutionary ideas, a placard with the music group Negu Gorriak that supports ETA, the tools and extra parts to repair motorcycles (when three of the people living in this house work as delivery boys and used motorcycles). Other things like a bag of cat litter was supposedly going to be used as splinter for the bombs, a broken flashlight and a pager suddenly became "electric applicants to manufacture a bomb. The vacation Santiago made to El Salvador in 1993 was to learn how to "make bombs".

The trial was held in February the year 2001. During these proceedings the district attorney tried to associate Santiago with "radical and armed" groups. The accusation continued to be without any real proof for which the district attorney always brought up the finding of the ikurrina, ("Finding the ikurrina in the house is a great provocation to the police in Madrid"), and the placards written in the Basque language ("I don't know what it says but I can only imagine" was the district attorney comment) and a supposedly connection to the GRAPO- occupation. The police that testified in court were of the same opinion. One of them, expert in explosives, remembered suddenly something that wasn't in the summary report: he found nail polish that can be used to make flammable bombs. And always when talking about the different explosives that could have been fabricated with the things found in the house they tried to link them with the bombs used in Salvador and other Central American countries. An expert in explosives called by the district attorney declared that the chemical products found could be used to fabricate different types of explosives but that in these circumstances it was clear that this "wasn't the case" ", without looking at the "evidence" instead going on his conviction that the defendant could have been doing something else.

In his sentences of four years in prison for possession of explosives we find again the lack of sufficient evidence. The sentence states that it was Santiago's intension to use the chemicals and screws and nails in the demonstrations that was going to take place the that weekend without explaining how the court comes to this conclusion. To be able to convict someone of possession of explosives and being a risk against public safety according to the law and principle of the supreme court two things have to be proven: the possession of substances and explosive equipment and the intention to harm public safety. So in this case the district attorney only didn't only have to show possession of this things (that Santiago never denied of having) but also that he was going to use them to harm public safety. In this case there is no evidence showing any of these things and it's clearly that the judge was convinced that Santiago was part of a radical militant left organization, and without forgetting the part played by the media creating this image.

The only thing that was proven was that Santiago was manipulating an appliance that formed part of a system that could be activated by a battery and a light bulb from a flashlight.

It was bad enough that during the trial, an expert testified that the battery wasn't kept in a box as stated but form part of the bomb. This indicated according to the expert that the battery was in close contact with the explosive. However, the battery collected in Santiago's house according to the summary report was still unopened and in its original package and there was even a photograph taken of this battery. The light bulb didn't even appear in the summary, although in the house there were several common flashlights of use in practice of speleology.

Quickly looking back at previous described aspects of this story it isn't difficult to understand and has to be taken under consideration that we find ourselves before a process, that to say the least, is unjust. Santiago maintains his innocence, which isn't hard to believe if you consider all the facts surrounding this case. The information and details surrounding the cause of the explosion remain exclusively in the hands of the experts of the police. These reports should with it's lack of accuracy, make us doubt and question it's intentions: It doesn't try to discover the true origin of the explosion; instead it reinforces the police version, which in the end will lead to a prison sentence. The same thing could be said about the main witnesses in this case, and the experts within the police core in fighting the war against terrorism.

What would have happened if the victim of the explosion had been a person with a "politically correct" past? We should also ask us if then this process would have been conducted in an other way.

We are not going to tell you that Santiago is "integrated in society" because he is not, by the mere fact that he has never had the opportunity. Santiago is merely "integrated", nothing more. You can confirm this for your self by reading the brief description of his history that we enclosed in this report, which says a lot. It makes us, to begin with, to question the purpose of penalty in societies like ours. This sentence is absurd if we at the same time talk about reintegration to society. And if we look at the punishment, it does make any sense because the course of events stated in court aren't true. In addition to this we have to take in consideration the actual consequences that will follow the incarceration of Santiago, the emotional , physical and emotional consequences of prison . We are talking about the life of a 32 year old man living a normal life, has a job, friends and partner... This will also affect his professional life were he since 1998 has been working for nodo50, which has an undeniable social importance. In that sense, we are not talking about living a "normal life", where normal is following the course of life influenced by television without questioning the injustices of the world or even being aware of that something has to change. When you lead a productive life and work with an alternative self- managed project that provides services on the Internet to about 600 groups and associations; it's contributes to the diffusion of critical thinking and knowledge and resources are socialized. If you are familiar with Nodo50, think for a moment what will happen to this project if Santiago, its main technician, is incarcerated. And, also ask yourself the ethical consequences this will have if the sentence is carried out. If the judicial process against Santiago was not carried out with the guarantees of a fair trial, the sentence and the incarceration of Santiago could result in more false accusation and planted evidence that go unpunished, and ones again an injustice is being made.

Trans: La Haine

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