TONI AYALA (text i foto)

Un dels personatges de ficció que representen més bé la figura de la persona empresonada injustament és Edmundo Dantès, més conegut a nivell universal com el comte de Montecristo. És el protagonista d’una de les millors novel·les d’Alexandre Dumas, que la va enllestir el 1844 i va ser publicada inicialment en una sèrie de 18 entregues, com un fulletó.

A Edmundo l’empresonen de forma injusta. Si bé és una història literària -i, vàries vegades, adaptada al cinema- estaria inspirada en el cas real d’un sabater anomenat François Picaud, que vivia a París el 1807. Es va comprometre amb una dona rica, però, quatre amics gelosos, el van acusar falsament de ser un espia d’Anglaterra. Per això, va ser empresonat durant set anys.

Durant el seu empresonament, un company de presó moribund li va llegar un tresor amagat a Milà. Quan Picaud va ser alliberat el 1814, va prendre possessió del tresor, va tornar sota un altre nom a París i va dedicar deu anys a traçar la seva venjança contra els seus antics amics.

La història del comte de Montecristo s’hi assembla força. També tracta els temes de fons de la justícia, la venjança, la pietat i el perdó, quatre qüestions que a Espanya estan, malauradament, molt al dia.

El darrer cas l’hem viscut amb l’expresident del FC Barcelona, Sandro Rosell, que ha patit 643 dies de presó preventiva fins que, finalment, ha estat absolt de blanquejar comissions pels drets d’audiovisuals de 24 partits de la selecció brasilera de futbol i per un contracte d’esponsorització amb Nike.

L’Audiència Nacional entén que, després de valorar les proves practicades, en el judici no s’han pogut acreditar les acusacions i, per tant, davant els dubtes sembrats, ha de prevaldre el principi d’in dubio pro reo, és a dir, en cas dubte, dictamina a favor de l’acusat.

Ara bé, aquesta sentència ha arribat després de 643 dies de presó imposada a una persona que ha resultat ser innocent, que tenia durant tot aquest temps el seu patrimoni congelat i que va arribar a fer fins a 13 peticions de llibertat, que li van ser denegades.

S’havia especulat sobre si Sandro Rosell estava essent castigat per haver estat president del Barça en el moment del Procés independentista, de la mateixa manera que s’especula sobre la situació de presó preventiva dels líders polítics sobiranistes jutjats ara al Tribunal Suprem. Però, el cas és que, per damunt de tot, s’ha demostrat la perversió de la figura de la presó preventiva.

Per una banda, avui dia hi ha altres mecanismes de control per evitar la fugida d’un acusat, com pot ser retirar-li el passaport, fer-ne un control telemàtic dels moviments o limitar-ne la mobilitat geogràfica.

D’altra banda, Sandro Rosell no ha estat jutjat per cap delicte de sang violent, ni suposava cap perill per a la integritat física de cap persona. En canvi, la presó preventiva no s’aplica gaire en casos de delinqüents multireincidents, que acumulen desenes i desenes de detencions i que són els causants, precisament, dels delictes que causen més alarma social.

Barcelona és una ciutat que, els darrers anys, ha patit moltíssim l’activitat de les bandes organitzades de delinqüents reincidents que, quan són arrestats, entren per una porta i surten per l’altre. En el darrer cas de la brutal agressió sexual a una dona al centre de la ciutat tampoc es van aplicar mesures preventives contra el presumpte agressor que, dies abans, ja havia fet donar la veu d’alerta.

En el cas de Sandro Rosell, l’absolució és especialment rellevant i, alhora, més que impactant, doncs la magistrada Carmen Lamela va mostrar una especial inflexibilitat durant la instrucció de la causa, fins al punt de denegar totes les peticions de llibertat provisional per evitar el perllongament d’aquesta presó preventiva fins al judici. Al soci de Rosell, Joan Besolí, li van rebutjar poder sortir de presó per a visitar al seu fill després de quedar paraplègic en un accident de trànsit.

Justícia, venjança, pietat, perdó… El comte de Montecristo.


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