2024.03.26 16:53World eye

レイプ有罪のアウベスを保釈 100万ユーロ支払い スペイン

【サンエステバンサスロビラス(スペイン)AFP=時事】女性への性的暴行の罪で禁錮4年6月の実刑判決を言い渡されたサッカー元ブラジル代表DFのダニエウ・アウベスが25日、100万ユーロ(約1億6400万円)の保釈金を支払い、スペイン・バルセロナ郊外の拘置所を出た。(写真は、スペイン・バルセロナ郊外の拘置所を後にするサッカー元ブラジル代表のダニエウ・アウベス〈右〉)
 アウベスは2022年12月にバルセロナ市内のナイトクラブで若い女性をレイプしたとして先月に有罪判決を受け、控訴している。裁判所は、アウベスがパスポートを引き渡してスペインにとどまり、毎週裁判所に出頭することを条件に保釈を認めた。
 現場で取材したAFPの記者によれば、アウベスはジーンズに白のシャツと黒のジャケット姿で拘置所を後にした。無表情で、近くで待ち構えた報道陣には一言も発せず、車に乗り込んだ。
 保釈の決定について検察と被害者側は反発し、女性の担当弁護士は先週、「司法は金持ちのためのものであり、有罪判決を受けても保釈金を払えば刑事的な責任はないというメッセージを送ることになる」「社会にとって非常に危険なメッセージだ」と述べていた。
 また、アウベスの母国ブラジルのルイス・イナシオ・ルラ・ダシルバ大統領も「この不公正を前にして、われわれは沈黙していることは許されない」と決定を批判し、金で「女性をレイプした男の罪をなかったことにすることはできない」と強調した。【翻訳編集AFPBBNews】
〔AFP=時事〕(2024/03/26-16:53)
2024.03.26 16:53World eye

Convicted rapist Dani Alves leaves Spain jail after posting bail


Convicted rapist and former Brazil international Dani Alves left a prison near Barcelona on Monday after posting the one-million-euro bail set by a court to ensure his release pending appeal.
The 40-year-old has been in jail since his arrest in January 2023 on suspicion of raping a young woman in the VIP bathroom of a Barcelona nightclub in the early hours of December 31, 2022.
Wearing jeans, a white poloneck and black jacket, his face expressionless, Alves walked out of the Brians 2 prison in San Esteban Sasroviras near Barcelona with his lawyer, AFP correspondents at the scene said.
He got into a white car without saying a word to the hordes of reporters waiting nearby, just hours after depositing the sum determined by the court five days earlier.
The former Barcelona player, one of the world's most decorated footballers, was convicted last month and sentenced to four-and-a-half years in jail, with his lawyers swiftly moving to file an appeal.
But in a surprise move, the court agreed last Wednesday to conditionally release him conditionally in exchange for posting a one-million-euro ($1.08 million) bail, handing over his Spanish and Brazilian passports, staying in Spain and presenting himself to court every week.
Alves had tried to make bail several times since his arrest but his requests were turned down on the basis he was a flight risk since Brazil does not extradite citizens sentenced in other countries.
Alves' lawyers are seeking his acquittal, and the appeal process could take months to complete.
Prosecutors, however, want his prison sentence doubled to nine years.
They and the victim's lawyer Ester Garcia have appealed the decision to grant Alves bail.
This sends the message that this is justice for the rich, and even if there is a conviction, if you pay bail there are no criminal consequences, she told reporters last week.
It's a very dangerous message for society, she added, saying her client was totally outraged, very despondent and very frustrated.
- Lula slams bail deal -
The court's decision to free Alves was also robustly criticised by Brazilian President Luiz Inacio Lula da Silva.
We cannot stay silent in the face of this injustice, he said on Thursday, stressing that money cannot undo the crime that a man commits by raping a woman.
When sex is something between two people, it has to be agreed to by both of them and if not, that constitutes a crime, he said.
During the trial, the victim, who testified behind a screen to protect her identity, said Alves had violently forced her to have sex despite begging him to let her go, causing her anguish and terror, according to prosecutors present for her declaration.
Alves' lawyers had argued the victim had been glued to the player while dancing at the nightclub, saying there was sexual tension between them.
But in its 61-page decision, the court said that did not mean that she consented to anything that might have subsequently happened.
Spain's leftist government passed a new law in 2022 that strengthens the country's penal code against rape by requiring explicit consent for sex acts, a move long demanded by assault survivors and women's rights groups.
Alves is widely considered one of the greatest defenders of all time, having won 42 trophies.
The peak of his career was with Barcelona between 2008 and 2016, alongside Lionel Messi, when he won 23 trophies.
At the time of his arrest, he was contracted to Mexican club Pumas UNAM. He was sacked soon after being detained.

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