Any disobedient at prison. An open letter to the Power and a new Collective Project

To begin this third and last post in this series, I want to remind you of my previous statement of September 17, 2008, which already contained the following words: “I don’t acknowledge the judicial system as a legitimate entity to judge me”. And I declared similarly in December 2011 in my bulletin so called “insubordination to the banking system and the right to rebellion: a call to massive civil disobedience“.

Back then I was already giving some reasoning for refusing to accept the legitimacy of the judicial system: its lack of interest for the disappearance of billions of euros on the financial system, the reform in September 2011 of the Spanish Constitution which benefits the banking system by establishing the payment of public debt as the absolute first priority, and the severe budget cuts in public healthcare which have already killed some people at Catalonia and that have reduced the value of everybody’s lives.

I was also rejecting the legitimacy of the Public Prosecutor: they lose all legitimacy to charge me of anything, not even for requesting any compensation or conviction for any political action such as what I did by restraining themselves when bankers and politicians are conspiring against People. The laws upon which their accusations are based one are rendered null and void by the fact that they are used to benefit the upper classes and against the popular ones. My action against the banking system was precisely an act of restoration and social justice, to help balance, some part of the ongoing injustices perpetrated by those in power, even if in a very small way. I firmly believe that those who don’t deserve my share of sovereignty by obviating the conflict between the dominant and popular classes lack also legitimacy to accuse or judge me, .

No one should be surprised then when the past February 12th I didn’t show up to the mock trial that they prepared for me. I had in a sense already announced my intention of not turning up. How can anybody expect me to venture into the lion’s den if I don’t believe a priori in the judicial system after the open violations pepetrated to my rights?

It must be noted that in this judicial process I am being accused of a series of actions for which I already assumed full responsibility on September 17th 2008 (Certainly, the prosecutor is not even taking into account within its criminal petition the confession as an extenuating circumstance).The key element within this judicial process according to the lawfulness of this system which I disobey is then: whether there was or not state of distress as an exemption of punishment  (see my post from February 12th),

Nor the accusation not either the judges in all this process of complaint, arrest, preventive detention, parole, injunction, prosecutor directives, rejection of the defendant’s witnesses, and trial have wanted to acknowledge the motivation for civil disobedience before the illicit actions of the financial system, which is also putting most people in jeopardy. And that was precisely the frame for my action.

Under this light, a court that ignores those facts and hence this probable state of distress, is not deserving of the collaboration of a person committed to human rights; and therefore the question is not just my collaboration, but the fact that I would advise everybody caring for her own dignity against collaborating under such circumstances.

Our criticism agains the judicial system goes far beyond, as explained on the first post of this series, published on February 20th: (pending to translate) http://enricduran.cat/es/comunicado-de-enric-duran-13-ni-leyes-para-mantener-las-desigualdades-ni-juicios-que-perpetuen-la-opresion/

We know that the so called judicial authority is not used to this kind of disobedience, that this issue is not just a consequence of its disdain for our reasons, but that in fact it is a question of deep moral objection.

I have to admit that for the last three years I have never considered to voluntarily show up at the criminal trial against my person in fact. This does not dismiss the attacks to my right to self-defence though, to which I have been subjected in the precise way I have explained, and are therefore unacceptable. A little proof of the lack of respect for the fundamental rights from the very official justice institutions allegedly appointed to its protection.

Of course it was in my best interest for the trial to be suspended. I wanted to gain time because the more time has passed since I went out on bail in May 2009, the strongest has been the actions we have been undertaking towards the construction of a new society which will be on par with the heigth of our hearts. It was in my interest because I feel my personal face-to-face implication in the Cooperativa Integral Catalana: is an important contribution to keep collaborating in the collective construction of other healthcare system, other education, other economy, an alternative way of organization, and the construction of deep experiences for the XXX[ link to? Integral Revolution ]XXX that are empowering and giving hope to thousands.

I have always been convinced of keeping my militancy in front of being kidnapped by a corrupted system facing the risk of halting my implication on this activity for the common good.

Consequently I can no longer attend meetings, assemblies, workshops, etc. But I keep actively involved from the virtual world. Which is way better than being subjected to a captivity regime, confined on a disgraceful institution, the prison, absolutely unworthy of this century. In a situation where all my potentialities are denied, unable to communicate with the world and severely limited in my social and personal relationships. And all of this on charge to the Catalan Government, when all I spontaniously do while free is generating wealth, fostering people’s self-empowerment and promoting self-management.

And the fact is that the methods of the judicial system and the prison system yield no good for anybody, when facing cases like this one. They are detrimental for the public administration, apart from causing harm to me. They harm also the same banks that are accusing me which are wasting money on the process itself, apart from never recovering the money I took from them. They also damage their own image and reputation, given the popular support I am receiving.

This is not an isolated case. We keep holding a judicial and penitentiary system which keeps incurring in huge economic expenses from the administration, and subsequently from citizens in this context of social services cuts that are affectimg the basic needs of most people under the pretext of economic deficit. Nobody profits from this situation on general terms, not even these systems themselves, and hence the isolation and suffering of the convicts lacks any purpose.

To be honest, though, there are some entities which benefit from these processes, such as the civil officials of the justice system, judges, attorneys, lawyers, etc. who receive an steady flow of income – substantial in some cases – resulting from the perpetuation of these incomprehensible processes. Not to mention the businesses which are appointed to operate prison services. The latter is a deep and dark issue in itself which shall be dealt with on other occasion.

These people who have jobs connected to the department of justice are clearly getting an economic benefit. But I would seriously question if the goals set for them on their jobs can in any way help them to feel fulfilled and happy with what they do.

We cannot stay idly just waiting for me not to be found any longer before all these records, circumstances and reflections; we have decided to act so to transform within this very context of disobedience, trials and imprisonment risks, as we are a movement which wants to revolutionize integrally. That is the reason why I have composed as a part of this communique an Open Letter both to the Court Members who have the duty of taking me to the trial and to the whole Accusation.

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Dear Sirs from the Second Section of Provincial Audience of Barcelone, from Public Prosecution and from the 16 financial entities (not so many nowadays…) that take part within this penal process against me:

Above all, I want to insist on considering that my return to the society, after having borrowed 492,000 eur, and not having given them back, has already been justified enough thanks to all the destinations which these money had, and mainly due to the development task of self-management projects that, after years of studies and constructions have eventually led to the movement of Integral Cooperatives, as it is possible to find out in a more detailed way following this link:  http://enricduran.cat/la-red-de-cooperativas-integrales/ (in spanish) and as many people know on firsthand, and many more support.

However, I can reach to understand that a part of the society, the complainant bankers, the State structure and those who support them or just feel themselves at odds about my vision of the Common Good, have a conflict againts me because they do not agree with the fact that this reciprocal relationship has been taken place or they simply do not have any knowledge from all these initiatives. Logically, It is needed to approach to the question of how we manage this situation.

We depart fom some preconditions resoundong enough: on one hand the Court and the Accusation is not respecting my argumentation based on a values system that places the Commn Good above all the private interests of Banking. By the other hand, me, the author of the facts, I do not accept the legitimacy of your legal system, of your laws and of your authority.

As I already explained within the second out of my three posts,  “Lets spread disobedience, lets extend the integral revolution. Call to action”  I took part of an every time larger collective from where we have assumed as broken the Social Contract within the realtion between citizenship and State is based upon, and we have given our quota of Popular Sovereignity to processes of social self-organization from which we are building specifical practices of Integral Revolution.

You surely, the ones who misinterpret our disobedience as delinquency, do not acknowledge legitymacy to our self-managed system, we have not asked for it either, so we match at this pont: we do not give you legitimacy, you do not give it to us either. The difference is that you as representatives of a State consider yourselves as possessers of authority enough to oblige us to comply with your laws and orders. If you believe that you have the right to order us is due to the fact that this State, as almost any other nowadays State, is conceived in a totalitarian shape, regarding its belonging, in other words: according to your allegedly democratic model, as soon as a person is born, depending on her birthpkace and on the nationality of ther parents, is compelled to comply with a system of authorities, laws and orders, who has not been choosen by her.

This is not like that in a system linked to the Integral Revolution, people choose to take part of an Integral Cooperative, according to a free adhesion model, for instance. We can start taking part of it at any moment, and we can unsubscribe wheneer we want it.

Our system of decision-making is assembleary, and there are conflicts obviously, the conflict is connatural to the human existence, the main difference is that the management of the conflict and the making of agreements contains and considers the opinions of all people linked to that very conflict. We go on generating a process of consensus until we arrive to the situation of taking a decision within all parts involved approve, taking into account the different viewpoints, the affectations and the feelings of all parts linked to this problem.

I deeply believe in this conflict gestion model and that’s why I dont accept and i won’t ever do, an impossed decision in which i could not take part.

Therefore, once we have contextualized this situation, what I want to propound to the Court before intending to impose me new measures,is to wait until I can prepare a proposal of what I can contribute as a reciprocal action for all society. from which if not to the whole, to the biggest part of Catalan society can consider a good return which I will become responsible to give, including those sectors who feel very distant to our values and way of understanding life.

It will be a proposal that, at the same time that is coherent with our auonomous principle of the Integral Revolution, benefits popular classes and to all those who, even feeling themselves linked to an State (disregarding if it is the Spanish State or the future Catalan one), keep on waiting to see reflecte their ideals of freedom, justice and equity.

The other option that Court has is to keep on their marked gridded line; pursuing and prosecuting me in order to try to capture me in some of the many places of Europe that I have been offered to stay. Wasting losts of money among police researches, the cost of keeping me in jail if I was catched, in useless trials. And in this way, keeping on generating popular indignation which will convey more harm later on, as well as more police costs and mediatic manipulation. In the end with this last option the Court would choose to keep on being part of the authoritative and destructive way which is leading the capitalist society to a no exit way.

Thus, the proposal I have subimitted to you lays on the table, a proposal to all the society in which we will keep on working. From this very point, Ladies and Sirs of the Court, ¡You’ll see what you do!

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Well, mates, friends and readers:

Given all the already mentioned facts in this very letter I am sure that I will contribute much better to the society if I allow myself for a while to prepare a good in-depth proposal, that can be exposed both before the Court and the whole citizenship.

Due to this reason and acting in a preventive way, just in case of what it could happen, I have started a new stage.

Since a few days before the trial, I have disappeared without a trace, and since then I am protecting my freedom in some place of Europe.

It is not, then, an improvised movement, and not either a personal decision only. Since I knew some months ago that the trail could been in short, when the Second Section of the Audience as Court was designated after the judicial investigation, we have been sure that the a priori unfavourable circumstance of the judicial process should become a new creative chance to generate a structure that beyond me, benefits all people whao can meet risks alike, thanks to their desobedient action.

This is the moment to take it forward, regardless of what happens with the Court.

What is starting right now is a collective project, which has been in-depth and discretely debated for a long time. A project which we halve already decided that sould begin whenever needed for any of us. The moment has already arrived and we are willing to explain it.

It is not a proposal of vanguard, but to take care of our rearguard. Because what we want to do is to protect the Integral Revolution, working in order that not me, not any other disobedient activist has to go to prison. A proposal that we consider interesting for all the people committed with Human Rights and social transformation of Catalonia and of the whole world.

Some of the main targets of this project that is just started are:

  • Creating a structure for the protection of the physical integrity of activists’ committed with the society transformation, the integral revolution and the freedom of expression, which in a given moment can be pursued by judicial and repressive structures of the State and by the econmical powers, and that want to choose the option of disobedience and personal protection.
  • Deepening in the research and in the deelopment of integral strategies so to guarantee that no other disobedient activist could be pursued by any kind of oppressive power, nor threatened with prison. One of these working lines is the one of deepening in alternatives to the judicial system and also to the failured criminal model based upon the imprisonment. Tahnks to this working line already mentioned we want to benefit as well several collectives likely to be affected by penal measures
  • Impelling the freedom os expression through the spreading of silent info and content, which is not been spreading by the pressure of established political powers. This structure will allow as well the consolidation of study and research lines that cannot be currently developed, or that are restrained because of lack of economical resources and different ways of pressure. We are specially thinking about the release and massive spreading of censored knowledges form some of the key topics such as: Health, Technology, Energy…

The need of such a structure so to protect us from the Justice, mercenaries and other threats of the Power, is been clearly evident learning from the history. Many of us know examples of pursued researchers, informants and journalists killed. Only in Mexico 71 journalists have been killed in a 12 years period.

It is clearly observable the case of the pursue against Julian Assange as the responsible for Wikileaks.

It is a century ago since the Tesla’s case, the genius of energetical inventions, and the economical miseries that accompanied him during his last days of life still provokes us long meditation.

Beyond such well-known cases, there are hundreds of cases of censorship and pressure of factical powers, against which it will be possible to do more things thanks to a collective structure as this one.

Looking no further, the very day I am writing this post, the magazin “Café amb Llet” has been forced to take out from the Internet the video “The biggest robbery of Catalonia’s History”

But we know that disobedience will not stop by the censorer action of the “justice”, on the contrary, it will become multiplied, so that we have posted them again at the “Derecho de Rebelión” channel, like other sites of the Internet: (1) and (2)

Given that it is becoming increasingly risky to defend freedom of expression and the Common Good, new self managed structures of protection are needed, which can be capable of making us invisible before the control systems of the power in their different faces.

The name for this very new collective project is RADI (Revolution, Action, Desobedience, Integral). The RADI is already working nowadays so to make possible the compliance qith these already mentioned objectives that can be also found at www.radi.ms

We will publicly communicate among us form this new identity. Thus, this first person of the plural from which I have been speaking at the last posts, receives its shape and name, from now on.

A new seed has germinated: it is Committed, Resistent, Entangled, Auster, Revolutionary, Activist, Disobedient, Integral, Creative, Active, Free. Dreamer,

Invisible to the sight of the storm, happily breaths in some of the rebel orchards of our world. More seeds will germinate with steady steps and the clear shortcut, to raise the sight ans saying: We are not afraid!

A new dimension of the Integral Revolution has already been started!
Enric Duran + RADI

28th of February, 2013

 

 

 

 

This post is also available in: Catalan, Spanish, French

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