The prosecutor of Lamia, in his appeal, will state that Nikos Michaloliakos does not meet the essential conditions for release from prison – Statement by the lawyers of the Egyptians
The Lamia Appellate Prosecutor will appeal against the decision of the Lamia Misdemeanor Judicial Council, by which Nikos Michaloliakos, who has been sentenced for directing the Golden Dawn criminal organization, to 13 years and 6 months in prison.
In more detail, with the will of the Lamia Criminal Council, Nikos Michaloliakos is released from prison with the restrictive conditions of not leaving the territory of the prefecture of Attica, of appearing at the Police Department of his place of residence (Pefki) once a month and of not associating with co-accused for the specific criminal case for which he was imprisoned.
In particular, the public prosecutor of Lamias, in his appeal, will state that Nikos Michaloliakos does not meet the essential conditions for release from prison, as he has not shown remorse and moral improvement for the offenses for which he was convicted, as in an extensive online article he appears unrepentant and states that he is imprisoned in the framework of political persecution and conspiracy.
Statement by the Egyptian lawyers
“The responsibility for the release belongs to the judges who made the decision, even though the current and applied legal framework did not oblige them” state in their statement on the release of Nikos Michaloliakos, the lawyers supporting the charge of the Egyptian fishermen, Thanasis Kabayannis, Kostas Papadakis and Kostas Skarmeas.
The lawyers, in their long statement, describe the release as “a huge challenge for the victims of the Nazi criminal organization Golden Dawn and their families, the anti-fascist movement and the democratic public opinion” and ask the Prosecutor of the Supreme Court “to immediately order the filing a prosecutorial appeal by the prosecutor of Appeals of Lamia against the council, in order to reassess the above incidents and overturn this provocative decision”.
As highlighted in the statement:
“Completing the time limits for the conditional release of any prisoner gives the possibility, but in no case creates an obligation on the court to carry it out. Therefore, the release of Michaloliakos was not mandatory, nor did it depend on any legal status, such as the specula of ND government, is trying to exploit. Article 106 of the Criminal Code has always been the same and depends on the risk of committing new criminal acts.
At another point in the statement, the three lawyers state that for a competent judicial council, the criterion “should have been that from 2013 when its prosecution began until today, A.A. has not ceased to exist, even if weakened, to maintains criminal structures, to act and produce criminal violence in Athens and Thessaloniki, through new or older unsuspected members of the criminal organization, claiming its recovery and contributing to the expansion of fascist and racist criminal violence, which reached up to murders quite recently. As it seems, however, this criterion did not concern the competent judicial council, nor even the negatively recommended prosecutor, who proposed rejecting the dismissal, but on the grounds that Michaloliakos is unrepentant”.
The lawyers also report that the leader of the criminal organization received “discretionary treatment” from the beginning of the criminal process and the choice of charges that did not make him a moral perpetrator in the crimes of Golden Dawn, until now. As they report on the recent detention of Michaloliakos:
“N. Michaloliakos ‘served’ the last two years of his sentence, not in the maximum security prison of Domokos, where he was typically a prisoner, but in the Agioi Anargyro Attica Rehabilitation Center, where he was accommodated after being hospitalized at the Larissa University Hospital for coronavirus, when other inmates of the same prison lacked basic medical and nursing care.”
Source: Skai
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