• The reaction The majority prison union: "It is the failure of the penitentiary institution"

  • The defendant The detainee for killing the Lardero child has enjoyed 38 permits since 2013

  • Background The detainee stabbed a woman to death in 1998 for "sexual" pleasure

The Penitentiary Surveillance court twice granted semi-release to the detainee for killing the Lardero child, against the criteria of the Board of Treatment of the prison and the General Secretariat of Penitentiary Institutions.

Francisco Javier Almeida appealed on numerous occasions to the General Secretariat of Prisons the refusal of the Board of the prison of El Dueso (Cantabria) to progress him from second to third degree.

That circumstance would have allowed him to go from the assessed exit permits to a semi-release regime.

On two occasions, the Penitentiary Surveillance court upheld Almeida's appeal.

One was in 2015 and the other in 2016. In the first of the proceedings, the court indicated that the seriousness of the crime - the murder and sexual assault of a real estate agent - was already included in the 25-year sentence imposed.

In addition, he had served two-thirds of his sentence, had good behavior and had the support of an association to work outside of prison.

"There is room for progression," stated the order, which proposed the mixed regime provided for in Article 100.2 of the Penitentiary Regulations and which combines elements of the second and third degree.

The prosecution appealed, claiming that the semi-release regime was "premature."

The Provincial Court of La Rioja upheld the appeal, so Almeida continued in the closed regime, limiting his exit to ordinary permits.

The sequence was repeated the following year: the Treatment Board opposed the third degree, Penitentiary Institutions rejected the inmate's request for review, which was addressed to the court.

Again the progression was granted and again the Court of La Rioja upheld the prosecutor's appeal.

"Prepared"

In that second decision favorable to the inmate, in April 2016, the Penitentiary Surveillance court held that Almeida was "prepared for a semi-release regime."

For three years Almeida continued to receive negatives from the Board of the General Secretariat of Penitentiary Institutions, dependent on the Ministry of the Interior.

And now, even, the Surveillance court.

In 2020, finally, the General Secretariat upheld Almeida's petition against the refusal of the Treatment Board and granted him the third degree, although with limitations.

According to prison sources, in the case file data such as that the Board's refusal was no longer unanimous, that it had enjoyed 39 permits in seven years without any incident, that its evolution in treatment and in prison had been well, and that he had widely exceeded three-quarters of the sentence he had served.

According to legal sources, the grade progression was communicated to the Prosecutor's Office, which did not appeal the decision.

In this new situation, Almeida went from the El Dueso prison to the Logroño prison, where in April he was granted conditional release.

It was proposed by the Treatment Board of that center and agreed by the Surveillance judge.

In the mandatory report in this regard, the Prosecutor's Office did not oppose the conditional release.

He was in that penitentiary circumstance when he committed the crime that has returned him to prison.

According to the criteria of The Trust Project

Know more

  • Lardero

  • Logroño

  • Justice

  • Events

Events The detainee for the murder of the boy from Lardero stabbed a woman to death in 1998 for "sexual" pleasure

Crime in La Rioja The detainee for killing Lardero's child enjoyed 38 permits since 2013

Events The detainee for the death of the boy from Lardero asks to speak with a priest as soon as possible

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