Alves continues to be in prison
On January 30, Alves' defense team, led by renowned criminal lawyer Cristobal Martell, filed an appeal against the restraining order without bail to the Barcelona Court of Appeal. Alves agrees to wear an ankle bracelet, return his passport, report to the court and authorities as often as required, including daily, and will not travel within 500 meters of the whistleblower. - her home or workplace.
On February 21, the court announced that it had denied the above bail request and ordered Alves to continue to be detained at Brians 2 prison on the outskirts of Barcelona. "There is a high risk of fleeing because of the severe punishment that Alves faces in the case. The clear evidence of wrongdoing and economic strength will make it possible for Alves to leave Spain at any time." the Barcelona court argued.
According to this ruling, the Brazilian defender will be in jail until the trial of his rape allegation. However, the date of the trial has not yet been set.
According to Spanish newspaper Marca, Alves' legal team can file another appeal to a higher level, on two grounds, including opposing the terms of the ruling or presenting new arguments about what occurred on the day the client was accused of sexual assault.
Martell stated that he disagreed with the decision of the Barcelona court. "It was an unfair decision because it used evidence from police statements. On the other hand, the factors provided by the defense were deferred to trial," the statement reads. .
Martell can go on to insist that Alves has no intention of fleeing Spain - an argument he used in his previous appeal. The lawyer cited Alves' family, social, personal and business background in Barcelona to ask his client to be released on bail.
Martell is a famous Spanish lawyer with the ability to settle out of court, having handled the cases of many famous people such as former teammate Lionel Messi, businessman Jordi Pujol Ferrusola, former Partido Popular treasurer Alvaro Lapuerta or former Barcelona president Josep Lluis Nunez.
In addition to Alves being a star who played for Sevilla and Barca, the case has attracted considerable attention in Spain because sexual assault has remained a prominent political topic since the gang rape of a teenager. 2016 during the San Fermin bull run, which led to the tightening of sexual violence laws in the country.
In Spain, a rape investigated under the general allegation of sexual assault and convicted can carry a prison sentence of four to 15 years. Conviction of such a crime also paves the way for the victim to receive financial compensation to compensate for the physical, physiological and moral harm.
According to the victim's testimony, although she tried to resist, she was still forced to have sex by Alves in the toilet of the VIP area at the Sutton nightclub, Barcelona on the evening of December 30. She was then taken to the Hospital Clinic in Barcelona, where the person was examined for traces of biological evidence.
On the morning of January 20, Alves was arrested by police at the Mossos d'Esquadra de Les Corts station, Barcelona city, Spain and taken to the Ciutat de la Justicia court. Since then, he has been held at Brians Prison 1 without bail. After three nights, Alves was transferred to Brians 2 - where most of the prisoners were accused of sexual assault.
