Update on the Legal Situation of Fidencio Aldama

A legal update regarding Indigenous Yaqui political prisoner Fidencio Aldama. For more information, visit the Fidencio Aldama Support Group.

Fidencio Aldama’s Conviction Upheld, New Sentence Ordered.

On October 20, 2020, an appeal was filed in the Third Collegiate Court in Criminal and Administrative Affairs of the Fifth Circuit of the State of Sonora, against Fidencio Aldama’s conviction, which was originally issued by the Second Mixed Judicial Court of the State of Sonora. This appeal was presented to the Magistrate Luz Elba de la Torre Orozco on August 12, 2021, who was tasked with drafting a ruling which could potentially free Fidencio Aldama. This ruling was issued on June 17, 2022.

The resolution was not favorable to Fidencio. The Appellate Court ordered the vacation of his original sentence issued on October 19, 2019, but upheld his conviction and ordered the issuing of a new sentence. The ruling states that when the new sentence is dictated, the court cannot hold Fidencio’s age against him when establishing his degree of guilt. Practically, this means that Fidencio’s sentence cannot be increased, but could possibly be decreased. This resolution is pending.

One year and nine months have passed since Fidencio Aldama’s appeal was filed. Nearly two years waiting for a resolution which could have given him his freedom which was unjustly taken from him. Yet, the Appeals Court ruled that Fidencio committed the crime and that he is responsible for voluntary manslaughter. The ruling does state, however, that the degree of guilt must be reevaluated. This means that the court will have to decide whether to lessen the sentence, possibly to the minimum of eight years, or reaffirm the sentence of fifteen years and six months in prison.

The legal pathways are running out but the rage and solidarity which drives the struggle for his freedom encourages us to continue. In the following days we will be sharing the court’s decision regarding Fidencio’s new sentence, and we will be tracing a new route in the struggle for his freedom.

Free Fidencio Aldama!
Free All Political Prisoners Who Resist from Below!

Los Otros Abogadoz
July 2022

by Anonymous Contributor via It's Going Down