Basque political prisoners and arrests
On the last day of the year 8000 people in 60 villages throughout the
whole Basque Country hit the streets to ask attention for the more then
700 Basque political prisoners. 50 people demonstrated outside the
largest prison in Madrid, Soto del Real. According to the
prisonhelporganisation Etxerat 2004 showed a worsening situation, with
712 political prisoners more then ever in the history of Euskal Herria,
spread around over 88 different prisons in 6 countries. Many critics were
also for the Basque political parties who are not doing anything to 'end
the suffering of the prisoners and their relatives', meaning the isolation
and the dispersion policies.
The Basque prisoners collective EPPK gives out a statement at the 4th of
January where they announce to take action and that the Basque
prisoners in Mexico, Belgium, some in France and Spain, 37 people,
started the first 'estaffette' and until 13 January won't leave their cells.
The prisoners all sent a letter to their prisondirector to tell their motives.
They demand recognition of their basic rights as prisoners, but also the
status of political prisoner and want to be involved in the process to
come to a political resolution of the conflict in the Basque Country.
Prominent artists, writers and politicians from France demand at 7
January the release of the singer Peio Serbielle from Zuberoa, who was
arrested in the French-Spanish police operation at 3 October last year in
Béarn. Serbielle is now 700 kilometres from his village in prison and
declared that he gave shelter to people, apparently ETA-members, out of
humanitarian reasons and was taken before a judge at 9 November. There
was said he didn't pose any 'danger' and that his trial wouldn't take
place before the end of 2006.
At 8 January 32.000 people demonstrate in Bilbao for the transfer of
Basque political prisoners to the Basque Country. The parties Batasuna
and Aralar and the unions ELA and LAB supported the call from the pro-
amnestia-movement. At the head of the demonstration were 100 ex-
political prisoners and after them the relatives and friends of the 712
Basque political prisoners walked with photo's of them.
The Basque political prisoner Iñaki de Juana Chaos, who was to be
released at 9 February because he finished his 18-year sentence, hears at
10 January that he will not be released. Judge Fernando Grande-Marlaska
De Juana wrote 2 opinion articles in the leftwing Basque newspaper
GARA, for which he now is accused of being 'ETA-member' and 'making
terrorist threats'. De Juana was convicted for 'helping' in an attack in
1986 in Madrid were 12 members of the Guardia Civil were killed.
A similar case is that of the Basque political prisoner Edorta Sainz-
Lobato, who should have been released on 13 January after 17 years, but
on orders of judge Javier Gomez-Bermudez had to stay behind bars until
the 'measures of shortening the sentence' are fully investigated. It is no
coincidence; the Spanish juridical system and the Spanish Minister of
Internal Affairs Jose Antonio Alonso look for measures to prevent
Basque political prisoners to be released after serving their sentence.
The Spanish Minister of Justice Juan Fernando Lopez-Aguilar said 'they
are not to be released before they shown remorse'. At this moment there
are 100 Basque political prisoners who can be released according to the
Spanish law, after serving ¾ of their sentence. Also the shortening
measures won by working in the prison or good behaviour work not for
them. Another example is Filipe Bidart, who was due for release in
February 2003. At this moment there is a campaign for his release, among
other through the French-Basque website www.filipeaska.com
Repression
At the end of December the Spanish Parliament took a law into effect
that the Spanish army, eminent present in the Basque Country, can be
deplored against ETA. The army asked for such a law for a long time, but
after the attacks on 11 March by Islamic extremists in Madrid it is there.
The Basque Country suffers already for years from military manoeuvres,
such as parachutists landing in villages and asking people for their
identity-papers, or full-scale practice bombardments in Naffaroa. In 1981
the army helped to close the border between Spain and France, the river
Bidasoa, that runs also as a border between the Basque Country.
The Public Prosecutor Enrique Molina of the Audiencia Nacional in
Madrid demands at 4 Janaury alltogether 654 years imprisonment for the
42 accused youngsters in the case against the left independent Basque
youth organisations Jarrai-Haika-SEGI. According to Molina the
youngsters, who all had public functions in their organisations, are all
'member' or 'co-operatives of ETA' and he concludes that because the
organisations have the same goals and even are a 'financial unity'. From
10 of the 42 the where-abouts are unknown. Against Asier Tapia Molina
demands 111 year and 10 months in prison because of the press
conference he gave at 6 March 2001 after the arrest of 15 Haika members
at the orders of judge Garzón. Tapia called to react on this arrests and
Molina now holds him responsible for '22 acts of terrorist street
violence', that followed on the arrests, and demands on top of that 24
million euro for the damage. The trial has to take place quickly now,
because in March 2005 the terms of 4 years 'research arrest' is over and
the first youngsters should be released. In the village Lekeitio, where 3 of
the accused used to live, 125 people went onto the streets to protest
against the charges.
Several days later 7 of the accused responded on a press-conference,
where they were literally backed by 80 people representing all kinds of
social organisations, on the charges of Molina: "This is apparently the
price we have to pay for our work against job insecurity, for our struggle
for better education and linguistic rights, for the alternative life-style in
the social centres and for our fight for equal rights for the sexes", they
said.
The Spanish Ministry of Internal Affairs published at 5 January their
figures about 'anti-terror'-operations in 2004. The Spanish security
forces arrested 74 suspected ETA-terrorists and another 57 were arrested
in France, and 4 in Belgium. Probably they added Luis and Rakel to Jon
and Diego, but the first were dismissed from prosecution and not
extradited. Also 3 members of GRAPO were arrested, 1 member of the
Italian Red Brigades and 1 IRA-member. And 131 arrests of Islamic
extremists. Concerning ETA the police claims to have dissolved 2
'terrorist cells', 3 networks working on recruitment and infrastructure and
various 'leaders' were apprehended. 2004 was the first year since 1999
without dead victims by attacks of ETA.
Against the spokesman of the Basque anti-repression organisation
Askatasuna, Jean François Lefort, who was arrested at 7 December, the
European Arrest Warrant comes into effect at 14 January. Lefort however
is a French citizen and the Spanish Justice didn't come with any
evidence until now.
The Public Prosecutor Juan Moral orders at 17 January to judge Garzón
to prosecute 36 members of Batasuna because of 'belonging to ETA'.
Also the Herriko Tabernas, de leftwing people's pubs, remain closed and
the accounts frozen (also Batasuna's). In 2002 Batasuna was accused of
damage after streetriots, and the goal from Moral of both measures is the
covering of the debt of 24 million euro. Garzón produces at 25 January a
document of 267 pages in which he explores the same thesis as in the
case '18/98', in which he accuses all kinds of sectors of the left
independent movement of 'ETA-membership'. The 36 are all in one way
or another, according to Garzón, connected to ETA and they committed
their 'crimes' by the use of the Herriko Tabernas. Some of the accused
Batasuna-members are also member of the Basque parliament and thus
cannot be prosecuted and that's why the judge asked the Basque High
Court to prosecute them.
The International human rights organisation Human Rights Watch
publishes at 27 January a 65 pages document about Spains measures
against terrorism. Heavy criticism is given by HRW on the since
November 2003 possible lengthen of the notorious 'incommunicado-
detention' to 13 days. Also the safeguards against abuse, maltreatment
and torture are by far not sufficient and the Spanish authorities fail to
conduct proper investigations into torture complaints. And the rights of
terror-suspects are violated and the terms of 4 years in 'research-
imprisonment' is totally out of proportions, also because the inmates are
subdued to isolation in most of the cases. The recommendations of
HRW are not really a surprise and are in fact a repetition of every year's
recommendations of Amnesty International and the United Nation. They
demand direct access to a lawyer when arrested, the possibility of a
private conversation with that lawyer, presence of juridical help during
all steps in the trial, the reduction of the admission of secret prove, the
trial has to be held within 2 years and last but not least the guarantee for
the conditions during imprisonment at the police.
At 28 January the French police arrests Araitz Zubimendi, Ibon Arbulu
and Unai Berostegieta in Baiona and Ziburu, on orders of judge Garzón.
Details about the accusation are not known yet, but it is to be expected
that the European Arrest Warrant is put into effect on them. Garzón filed
an international arrest warrant at 16 April 2004 against Zubimendi, a
former member of the left-wing party Sozialista Abertzaleak, for her role in
SEGI, in which case she didn't show up. The arrest warrant for Arbulu,
former councillor in Bilbao, dates from 30 April 2003, when the Guardia
Civil wanted to arrest him at home in the police operation against
Udalbiltza, the self organisation of councillors in Euskal Herria. The
arrest warrant for Berostegieta dates from 24 April 2003, accused of
'member of ETA's recruiting organisation'.
Attacks and statements of ETA
Halfway January ETA sends a statement to the Basque daily Berria,
were they emphasise to agree with the 'Anoeta'-statement of the left-
wing independence party Batasuna of 14 November last year. ETA
thinks a 'broad carried, specific process of dialogue' has to be put in
motion to solve the political conflict. ETA is 'fully prepared' to
participate in such a process.
At 18 January a car bomb of ETA explodes in the area Neguri in Getxo,
the damage is quiet heavy and one officer of the Basque regional police
Ertzaintza is wounded. The Basque left-wing newspaper GARA received
a warning call half an hour before the explosion and the caller also said
were the owner of the car could be found, tied to a tree. It was the 6th
ETA-bomb in that area since 1999, where directors, politicians and
known journalists live.
The rumours of talks between representatives from Spanish government
circles and ETA are strong, for sure after Batasuna sent a letter to the
Spanish Prime Minister Zapatero urging him to negotiate.
At 30 January an ETA-bomb explodes near a hotel in Dénia, 2 people get
wounded. ETA warned before the explosion.