"The defense dissatisfied with the prison condition filed, on Thursday, a measure of 'habeas corpus' to the presiding judge of the District Court of Luanda asking for the immediate release of the accused", said Francisco Muteka.
The lawyer expects the judge to pronounce within a period of no less than eight days regarding the prison situation of "Tanaice Neutro", arrested in January 2022.
The lawyer expressed "concern" about maintaining his client's prison, recalling that he was acquitted of three crimes of which he was accused and sentenced, in October 2022, to a suspended sentence of one year and three months.
"The judge of the cause should immediately restore freedom to the accused in the process, that is, although the Public Ministry has appealed with suspensive effect, the judge should change the measure of coercion of the accused and restore his freedom", he considered.
"This, respecting the principle of the presumption of innocence and the principle 'in dúbio pro reo', structuring and founding principles, not only of the democratic State of law, but of the criminal procedure itself", he added.
Gilson "Tanaice Neutro" was sentenced, on October 12, 2022, to a suspended prison sentence of one year and three months for committing the crime of outrage against the State, its symbols and organs.
The activist's sentence was read by the judge of the case, Daniel Ferreira, in the 1st section of the District Court of Luanda, which upheld, as partially proven, the accusation of the Public Prosecutor's Office (MP).
According to the court, it was proved that the activist "Tanaice Neutro", 35 years old, committed the crime of outrage against the State, its symbols and organs for having called the President "a bandit and a clown" and having attributed the same name to the Police staff. Nacional, in the videos that the activist recorded and shared on social networks.
However, the court suspended the execution of the sentence imposed for a period of two years under the condition that the defendant recant to the entities injured in the process and in the same way within 15 days.
The MP expressed dissatisfaction with the judge's decision and filed an appeal with suspensive effect to the Court of Appeal.
The arrest of "Tanaice Neutro", considered a "political prisoner", has been contested by various civil society actors, who deplore, above all, his "delicate" health condition.