Report first hearing court case Alexander Akarregi Casas 23/9 2003 Court of Haarlem

The Dutch Marechausee arrested Alexander Akarregi Casas, a young Basque political refugee, at the 8th of July at Schiphol Airport travelling to Nicaragua. At the 10th of July the Spanish authorities rendered an arrest warrant against Akarregi and 2 other Basque youngsters; Akarregi is being accused of renting the car in which at the 23rd of September 2002, exactly one year ago, in Bilbao the two Basques Odai Gallagara and Egoiz Gurruchaga, according to the Spanish extradition request members of ETA, died when the explosives they moved in their car exploded too early. According to the judge Alexander would have borrowed the car to them, “knowing with what purpose the car was going to be used and thus cooperated with a armed gang”.

Akarregi said to the judge that he had nothing to do with this all: “I didn’t rent the car, didn’t know these people, don’t understand the acquisitions and am innocent”. The judge said that to all the demands of double punishment, which you need in a extradition case, has been met; the ‘facts’ presented by Spain are also punishable in the Netherlands. But the public prosecutor wanted more in her motivation for the court; Akarregi is accused of “accomplishment to an explosion with the death as a result” and “participation in a criminal organisation”.

Further the public prosecutor stated that the crime was not overdue, that there exists an extradition treatment between Spain and The Netherlands, that the punishable element of the ‘facts’ are over the minimum of one year (requested in an extradition case) and that Spain signed the European Treaty of Human Rights (EVRM) and also underlines the rules of the Commission of the Prevention of Torture (CPT) of the United Nations. And according to the public prosecutor the risk of torture is not existent in the case of Akarregi because of his denials of the acquisitions, meaning this is not a political case.

The lawyer of Akarregi, Mr. Koppe, disagrees in his motivation that the two boys who died in the explosion of the car are ETA- members; this is what the Spanish authorities say, but it is nowhere proven. “The combination of being Basque and explosives apparently is enough to be counted in with an armed gang”. He also questions the double punishment; the Spanish authorities accuse Akarregi of “collaboration with a criminal organisation” while the public prosecutor accuses Akarregi of “participation in a criminal organisation”, and in Spain there exists a different law for the latter, with a much higher punishment.

It is at least strange that Spain doesn’t use this article against Akarregi, but do against the two other suspects, whose house keys were found in the wreck of the car and where the police apparently found explosives. It seems strongly that there is actually hardly a case against Akarregi and the renting of a car is not a crime in The Netherlands. So what the court in Haarlem has to do is investigate the accusations of Spain and ask for evidence how they knew that Akarregi knew for what purpose the car was going to be used.

If the court of Haarlem however decides to extradite Akarregi to Spain, Koppe asks for guarantees that Akarregi will not be put in the notorious ‘incommunicado’ detention, to avoid the risk of torture. The Amsterdam court decided in the case of the Catalan activist Juanra, despite that the Spanish authorities mentioned these guarantees in the extradition request that guarantees should be asked to Spain. And the High Court took over this advice, but the minister of Justice Donner turned that down and showed that also in The Netherlands economic and diplomatic relations stand above the human rights.

Koppe gave the court of Haarlem reports of the UN, the European Council, Human Rights Watch and Amnesty International and replied to the public prosecutor that Akarregi’s case is surely a political, being accused of collaboration with ETA, whose alleged members are frequently subdued to torture by the Spanish and Basque authorities.

Sympathisers and friends of Alexander Akarregi were present at the court as support for him and continue to campaign for the release of Akarregi. The Haarlem court will rule his verdict at the 7th of October.
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