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Monthly Digital BIC-Newsletter Nr. 10, period 1 November until 7 December 2004 |
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1) Basque political prisoners and arrests
On November 3, all accusations against the Catalans Laura Riera and Zigor Larredonda are dropped. Their case was dealt with on the 21st and 22nd of October, but it all seemed a 'mistake by justice'. At least according to the judge. Riera is in isolation detention since 12 March, after being dragged from prison to prison for 3 years. Larredonda was suspected of ETA collaboration and fought the dispersionpolitics and isolation detention from within prison. Both of them wanted to be consolidated with Basque political prisoners. On Saturday 13 November the Pro-Amnistia movement in the Basque Country started a petition for the return of Basque political prisoners to the Basque country. According to lawyer Jon Enparantza the petition should result in recognition of the Basque political prisoners and a return to the Basque country would be an enormous leap forward in the solution of the political conflict. On 19 November the High Court of Paris denied the release of Filipe Bidart, a member of the armed organization Ipparretarrak (see last BIC-newsletter). According to the court it is unclear if Bidart would have a steady job and it seems that 'he has no intention of paying a compensation to the victims'. France, 20 November: Rober Murgiondo was released after 7 years of imprisonment, but was forced to live in Verdun. So he was not allowed to return to the Basque country. In November 1984 he was arrested for the first time in Gasteiz and released after 1 year of prison. He was arrested in Landes 5 years later and put in prison for 4 years. In 1997 he was arrested in Rochelle and was placed into various prisons. During that time he took part in different protest actions. On 28 November the process against the German Gabriele Kanze finally started in Madrid. 22 years of prison was demanded against her because of 'renting of a house to the members of the 'commando Barcelona' '. The mother of the Basque political prisoner Ekain Gerra died on 6 December in a car accident while she was on her way to visit her son. Her husband Jose Luis Gerra is heavily wounded in the hospital in Soria. Their son is in prison for 1 year and 2 month already in Alcala Meco in Madrid, hundreds of kilometres away of the home of his family. The support group for families of prisoners 'Etxerat' (Back home) blames the dispersion politics of the Spanish and French governments for the 16th victim since the introduction of the dispersion in 1986. The leading governmental party EAJ-PNV states to agree to the European constitution during the referendum on February 20th, 2005, in opposition to the Basque trade union ELA that calls out to vote against it. The Spanish Constitutional Court accepts the appeal of 6 members of the Basque governement. Juan Mari Atutxa (spokesperson), Gorka Knörr (EAJ-PNV), Kontxi Bilbao (EB-Berdeak), Rafa Larreina (EA), Joseba Egibar (EAJ-PNV) and Antton Morcillo (Sozialista Abertzaleak) appealed against the decision of the Spanish High Court on 1 October 2003, that demanded that the Basque autonomous government has to remove the fraction of Sozialista Abertzaleak (Batasuna) from parliament. This was denied with the reason that there is a division of power and that the fraction represented voters and not a party. On 8 November the king and queen of Spain visited Gasteiz to celebrate the 25 years existence of the democratically chosen municipal councils. The Basque president Ibarretxe spoke as well and said that 'in the Basque country we dream of the disappearance of ETA, but we dream also of municipal councils were all the Basque parties, including Batasuna, are represented, so that all political projects in the Basque country can be defended.' Arnaldo Otegi, a spokesman of Batasuna, reacted some days later by saying that 'Ibarretxe's dream is more of a lie'. If he meant what he stated, than he should take action that all the seats that are occupied by EAJ-PNV,EA, EB and Aralar should be given back to Batasuna, so Otegi said. It was denied to Batasuna to join the last elections, but by the means of shadowelections it became clear that ten thousands of voters gave their vote to them. That resulted in the fact that Batasuna became the biggest party in some cities and villages but could not take a single seat because of the illegalisation. A few hundred Basque young people demonstrated somewhere in the city with the slogan 'Ez frantsesak, ez espainolak: euskaldunak!' (Not French, Not Spanish: Basque!). On 25 November the Spanish prime minister Zapatero and the spokesman of the Spanish senat Javier Rojo were present during the closure of the parties. Zapatero spoke of a 'reform in the Autonomy that only can take place within the Spanish consitution' and Rojo seemed to think it was necessary to mention that he thought that 'the illegalisation of Batasuna is a good thing' because 'it keeps terrorism out of the municipal councils'. On 15 November Batasuna presented their long expected plan to come to a solution of the political conflict within the Basque country. You can read an analysies of the plan here . A full article with the reaction of all other political parties and organisations will be published soon in the good old paper version of the Euskal Herria newsletter. For a reaction of justice to this plan, continue to read under the headline 'Repression in the Basque country'. The Basque anti-torture group TAT announced a campaign on November 17 to ban torture . 'Arrestants are tortured because they are placed in incommunicado-detention, and they are placed in incommunicado-detention so they can be tortured.' 'If the Spanish police or the Guardia Civil place somebody in incommunicado detention, then they know why. They know that there will be no good investigation, even if somebody complains. Even the court that is allowing such detention knows what the police officers will do. They allow this because it is producing results (testimonies) that they can use, ' says TAT-representative Aiert Larrarte. On 20 November Batasuna is demonstrating in Bilbao to remember the murder of Santi Brouard, 20 years ago in Bilbao, and the murder of Josu Muguruza, 15 years ago in a hotel in Madrid. More about those murders you can find here
Arnaldo Otegi, spokesman of Batasuna, is defending himself on December 4th against the accusations of other political parties. They claim that 'Batasuna has to condemn the attacks on the gas stations in Madrid, otherwise the Anoeta-declarations would be worthless.' He stated that with 'the attacks, the demands in the case '18/98', the countless arrests and torture cases of the last weeks' not a single step towards the peace process was done. 'Our proposal is more important than ever', says Otegi. Initially it was expected that the interrogations after the summer-recess wouldn’t be continued, because of the quarrel between the PSOE and the PP about the fact that the PP was spreading all kinds of conspiracy theories to disguise their role after the attacks on March 11. The PP claimed that there was a collaboration between Moslem-terrorists, ETA and the Moroccan secret service, with the goal to achieve an electoral defeat of Aznar. The EU-terrorism-coordinator Gijs de Vries, who voluntarily witnessed in front of the commission, said that he know nothing about such a collaboration, as this was mentioned before by the director of Europol Mariono Simancas. Simancas said that his servicedepartment Spain already warned of an attack in Spain by Al-Kaida in 2003. The Spanish prison service declares in an explanation on the report that it presented before de M-11-commission that 'ETA and Islamic groups had nothing in common at all and that there is no evidence that proves the opposite'. To everyones surprise the former prime minister Jose Maria Aznar showed up as a witness in front of the commission on 29 November.He claimed that the attacks on March 11 were a 'complot against the PP to make them loose the elections' and he pointed towards the PSOE as the 'intellectual perpetrators' of the attacks, because they claimed that because Spain's role in the occupation of Irak, Spain would be on Al-Kaida's list. But it was made difficult for Aznar; before him many police-functionaries showed up in front of the commission and declared that the option of 'islam terrorism' was completely worked out already 1 day after the attacks. Even on the day of the attacks itself, the police already passed that information to the government at 11.00 o'clock. But the Aznar government kept to the 'ETA-perpetrator-thesis'. By pointing towards all kind of complots (see above) the attention is directed away of the unknowledge, the failures and the eye-shutters of the Aznar-governement in relation with signs of an attack on Spanish soil; Because of a lack of Arabic translators lots of intercepted Arabic phonecalls and emails ended in the dustbin. On 2 November 6 people are arrested in Bilbo, they are accused of 'helping ETA'. The arrests are related to the arrests of Haritz Totogorika and Amaia Urizar last week. Oskar Perez (30) and Nagore Etxeberria (27) are accused of 'membership of commando Bizkaia of ETA' ,that was thought of not existing anymore after the arrests of Asier Mardones, Josune Oña and Atxarte Salvador in July of this year. Perez is accused of being in contact with Garikoitz Azpiazu, who is in clandestinely and who is a 'leader of ETA' according to the police. The prison-aid organisation Askatasuna declared later that Patxi Ruiz, Jon Aginagalde and Garikoitz Urizar were beaten in prison and concludes that the first 7 months of new government of the PSOE government did not lead to any improvement on the level of human rights for prisoners. On November 10 Oskar Perez, Sergio Regeiro en Asier Arriola are released after being held in incommunicado detention for 5 days and some more days in the prison Soto del Real in Madrid. All of them declared to be tortured: A plastic bag over the head until near-suffocation, beatings, endless push-ups, and threats of rape, fake-executions and so on. Inmakulada Basabe was released one day later and she as well claims to be tortured and says that she signed her statement under pressure. Of the 11 Basques that were arrested in Bilbo the last weeks, 8 are released and 9 of the 11 declared to be tortured or mistreated during incommunicado-detention. The eight that are released are obliged report to the court every month, but they did not have to pay any bail. The 3 that are still in custody are Haritz Totorika, Amaia Urizar and Iker Arzelluz. On 6 November Aner Gomez is arrested in the station Gare du Nord in Paris. On November 11 Aitzibier Sagarminaga is arrested and placed in incommunicado detention. She declares to be tortured with a plastic bag and was held for 4 days completely naked and without the possibility of sleep. The court of Donosti sentenced Txema Matanzas and Xabin Juaristi on 3 November to 9 months of prison and a fine of 2700 euro because of organising a demonstration on 8 September 2002 with the slogan 'Freedom for the Basque country'. By some the slogan 'Long live ETA' was shouted and in the end the song 'Eusko Gudariak' was sung. According to the judge this was 'giving support to imprisonned terrorists and glorifying terrorism'. The Basque newspaper Euskaldunon Egunkaria is an 'illegal union' from the moment on it was founded decided judge Juan del Olmo. He wants to prosecute 8 people that took keypositions, including Joxemi Xumalabe, which died in 1993. Txema Auzmendi, Joan Mari Torrealdai and Inaki Uria are regarded as main responsible for the 'criminal activities'. Xabier Olaeaga, Pello Zubiria and Martxelo Otamendi are accused of 'enjoying the trust of ETA' and Xabier Alegria (still in detention) is seen as middle-man between ETA and Egunkaria because of his membership of KAS. On December 3 the 7 are summoned to court and are probably accused of ETA-membership. For Zumulabe the judge asked for the obituary. The GARA-journalist Gaikoitz Mujika was arrested on November 15 because the judge feared that he might escape. Mujika is accused of burning a trashcan. He says that this is not possible because he was at his work in the office of the Basque paper at that time. Danger of escape is non-sense as well, he just recently was operated, says Mujika. On the night between 15 and November 16 17 people in the 3 autonomous Basque provinces and Naffaroa are arrested by 150 members of the Spanish police on order of investigative judge Garzon. The accusation is 'belonging to the infrastructure of ETA'. Ruben Nieto, who was arrested in Bilbao is accused as well of 'belonging to the organisation Ekin'. Furthermore were arrested: Maider Viso Ziarrusta. Jon Duque Santacoloma, Margari Eizagirre Aranburu, Ibon Urrestarazu Esnaola, Alaitz Iturrioz Garmendia, Aritz Romanelli Aizpurua, Aitziber Igoa Monge, Patxi Cabo, Amaia Mundiñano, Lorea Azpilikueta, Iban Medina, Izaskun Villanueva, Igor Astibia, Gorka Jaunarena, Gustavo Fernandez Villate and Koldo Lekuona. Aritz Romanelli Aiypurua was immediately released when it became clear that he was seriously ill. He was transfered to a hospital. Maider Viso Ziarrusta is married with the Basque political prisoner Harriet Iragi and they have a young child together. Izaskun Villanueva is a council-member in Berriozar for one of the alternative left independentist lists and a teacher of the Basque language. On November 20 Margair Eizagirre, staff member of the Basque paper Berria, is released with a bail of 12000 euro, just like Jon Duque. Eizagirre is accuses of 'helping ETA' Ibon Urrestarazu Esnaola and Alaitz Iturrioz Gamendia remain in prison based on the accusation of 'membership in ETA'. Both of them declare to be mistreated. The accusation is a clear consequence of the mistreatment, according to their lawyer. Urrestarazu is released, but receives an accusation of 'false accusations'. After the wave of arrests demonstrations and meetings are held in different cities and villages. In Irunea the police is beating young people that are hanging up flyers, in Leitza countless members of the Guardia Civil showed up during a meeting of 200 people. On November 16, the public prosecutor of the court in Donostia declares that he will gather information to prosecute the organisation (Batasuna) of the gathering (where 15'000 people were present) where the peace proposal was presented. As a reason he gave 'encouraging terrorism'. In 1997 the predecessor of Batasuna, Herri Batasuna, was prosecuted because they promoted the peace proposal of ETA. On November 18, Sergio Irabarren is arrested in Iruna and charged with 'recruiting for ETA'. He is transferred to Madrid. Jorde Urruñuela is arrested in Bilbao by the Spanish police. One day later Altsasu Andoni Cobos is arrested. On 22 November Ibon Pérez and Nagore Bilbao are sent to prison by investigation judge Garzon after they turned themselves in to the High Court last week together with 3 others. They were mentioned in the Spanish press in relation with ETA. With their action they wanted to prevent that their whole neighbourhood would be blocked by the Guardia Civil, to avoid the ride to to Madrid (mostly blindfolded with head between the knees) and prove that they are innocent. But the accusation ('collaboration with ETA' and 'Risk of avoiding action by justice') stands. Pérez is the son of Thomás Pérez Revilla, a Basque political refugee that was killed in 1984 in Biarritz by the Grupos Antiterrorista de la Liberacion (GAL). The mother of Pérez, Feli Ziluaga, was heavily wounded in 1976 when she was shot at by the predecessors of GAl, the fascist Batallòl Vasco Español (BVE). You can find more about the crimes of GAL here. Mikel Zabalza, bus driver in Donostia, was arrested and mistreated exactly 19 years ago. Robert Arricau, Jean-Marc Reynaud and Thyde Rosell are arrested on 29 of November. Robert is the brother of Didier Arricau,who was arrested in the operation against Mikel Albisu last month. The other 2 were part of the staff of the school where Albisus daughter was for 3 years. On 30 November the Spanish police is searching the offices of the Basque daily newspaper EGIN in Iruna and Gasteiz, that were closed already on 15 July 1998. The lawyers knew nothing. On 3 December judge Garzon decides that Xabier Alegria, the only leftover detainee (since 20 February 2003) in the Egunkaria-case, and Miriam Campos, can be released after each paid a bail of 30.000 euro. Alegria had paid an additional 50'000 euro for the Egunkaria-case. He was released for the Udalbiltza-case, he was arrest 29April 2003 as a member of the organisation of municipal council members of the Basque country, Udalbiltza. Against the 62 suspects of the 18/98-case, a mega-operation against the Basque pro-independance movement, prison sentences varying between 4 and 51 years are demanded. Judge Enrique Molina wants to put Xabier Alegria and Ramon Uranga into prison for 51 years because of their activity within the newspaper EGIN (closed in 1998) and the radio EGIN. The 18/98-case is divided in 3 parts: First EGIN and its companies, second the Ekin organisation and the Joxemi Zumalabe foundation and third the Xaki organisation. All of those are a part of ETA, according to judge Molina. The trial is supposed to start in April next year and probably will last for month (62 suspects, 80 witnesses and 20 experts). There is a book available about the 18/98 case for 10 euro in our 'Shop' on the web-site. In a letter issued by six leading ETA-prisoners in August this year, addressed to the ETA-leadership, they mention strong doubts about the current way of the armed struggle. Between the 6 are people that negotiated with the Spanish state in the name of ETA, like Ignacaio Bilbao Beaskoetxea,which talked with the Aznar-government in 1999. Mikel Albisus's predecessor, Fransisco Mugica Garmendia, signed the letter as well. They see a 'project that took years to build up going down to desillusion, with a paralysing effect on the whole capacity of the left independence movement.' They call up to 'gather forces and create the possibility to negotiate with the central power.' This letter got a lot of press attention, for example in the Guardian and the Times, with headlines as 'ETA-veterans call up to end violence' and 'Old brigade against ETA-terror'. On November 3 the paper Diario de noticias from Naffaroa writes that 100 ETA-prisoners support the letter. On 13 November two bombs explode in a mountain hut near Belagua in Naffaroa. According to the authorities pamphlets with an ETA-symbol were found near the hut, that is used by the Spanish army. The Basque radio EiTB broadcasts the news of some ETA-texts, issued around 12 October. ETA calls out to the people to stay away of barracks, because 'the occupation force' will remain a target. Furthermore ETA takes responsibility through their paper Zutabe for the attacks against highvoltage poles in Irun and Aragon in September. On 3 December 5 small bombs explode at 5 tank stations in Madrid. ETA issued a warning, the police evacuated the area and no one got hurt. The meaning of the attacks was obviously to create traffic chaos during this vacation weekend in Spain. In Almeria the Spanish police dismantled a bomb. On 6 December, the anniversary of the Spanish constitution, 7 small bombs explode in Malaga, Leon, Avila, Santillana del Mar, Valladolid, Alicante and Ciudad Real, after a warning call of ETA. In Santillana del Mar and Ciudad Real some persons got lightly wounded because the bombs exploded elsewhere than indicated in the phonecall. Four of the 7 bombs exploded in cafes. A group of judges of the First Council chamber of the Bilbao court demanded an explanation of the Spanish Constitutional Court if it is not against the rules to deny the possibility to suspects to declare in Basque and to assign them a translator. The juridical system of Spain does not consider the fact of the existence of several languages in Spain, according to the judges. 'Laws considering languages are not applied on the ones that want to defend themselves in Basque in court. 'A trial has to be made completely in Basque without intervention of a translator, if the suspect wishes so'. The organisation for defence of the Basque language Euskal herrian Euskara (EHE), that celebrated its 25 year of existence this month, concluded that it is going bad with the Basque language and politics. Just 174 of the 2000 political speeches were in Basque. Within the most important institutions in the Basque Country not even 50% of Basque is spoken. EHE calls upon politicians to take action. On 20 November a shadow conference about minority languages, organised by the Basque Centre Zazpiak Bat, took place in Rosario, Argentina. More than 1600 people attended the conference where nobelprice winner Adolfo Pérez Esquivel spoke. Documentaries from all over the world were shown. 4000 people demonstrated against the official conference that included the Spanish queen and the president of Naffaroa, Miguel Sanz as honoured guests. A banner labeled 'Nabarra Euskadi, Gora Euskadi Askatua' (Naffaroa is the Basque country, long live a free Basque country) was especially dedicated to Sanz. He is known for his repressive policy against everything that stands for Basque and that tries to keep the Basque language alive. On 26 November in Baiona, French-Basque country, the French Minister of foreign affairs Dominique de Fillepin refuses to officially recognise the Basque language. But he signed a contract later on to set up an office for Basque language and politics. He did not make any agreement on using Basque in schools and the use of the language in French trains. On 8 November Iñaki Garzia Koch is released, or better said, put in the so called 3rd degree detention. That means that Koch is forced to wear an electronic transmitter around his ankle. He was in prison for 3 years and 5 month for the cutting of the transport cables at the dam of Itoiz.
On 23 November the European court for Human rights definitely denies the higher appeal of the Itoiz coordination comite and 5 inhabitants of Naffaroa against the dam of Itoiz. The juridical doors of Europe are now closed. The European court for Human Rights in Straatsburg decided on 2 November that Spain 'neglected to effectively and officially investigate the complaints of mistreatment issued by 15 Catalan indepententists, which were arrested in 1992, just before the Olympic games in Barcelona. This is the first time that the court is sentencing Spain in a torture case. Not sentencing them as torturers but as the ones that did not investigate the events good enough. The court underlined Spain did not violate article 3 of the European Convention for Human Rights, that is prohibiting torture and inhuman treatment. Last year the court only investigated the cases of 15 of the 38 arrestants, that all belonged to the armed independentist movement Terra Lliure, that is not existing anymore. Spain closed the possibilities to investigate the other cases, according to the court. The 15 receive a compensation of 8000 and 12000 euro for the costs. In 1995 a Spanish court sentenced 6 of the 15 for 'terrorism' and 18 of the 38 for 120 years of prison. In 1996 they received amnesty, probably because Terra Lliure ceased to exist. Amnesty International declares on 4 December that 'Spain leaves the torture of illegal immigrants and alleged members of the terrormovement ETA by the police often unattended.' Neither do the victims of mistreatment receive compensation of the Spanish government. Amnesty investigated 450 cases in the period 1980-2004. |
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