In the Basque city of Bilbao tonight, up to 100,000 people will march in a silent demonstration for the repatriation of hundreds of Basque political prisoners. Under the Spanish government’s policy of ‘dispersion’, 463 Basque prisoners are being held in more than 70 jails across the Spanish and French states at distances of up to 1,200km from home.
The policy has violated the human rights of thousands of Basque prisoners since its introduction in 1989 but is viewed by the overwhelming majority of Basque society as especially repugnant today, following the announcement by ETA (Euskadi ta Askatasuna – Basque Homeland and Freedom) of a permanent ceasefire in 2011 and its subsequent disarmament moves last year.
Those who will march this evening are not demanding amnesty or special treatment for the prisoners – they are calling for an end to the exceptional measures used by the Spanish government to isolate and demoralise Basque political prisoners, and to punish their families and broader Basque society.
The demonstration has been called by ‘Sare’ (Network), a broad-based civil society organisation launched last year with the goals of building a mass campaign for the resolution of the status of Basque prisoners and exiles.
Jailed for opinions and activism
The prisoners have all been labelled as terrorists by the Spanish government and judiciary. Some of the prisoners have been convicted of membership of ETA or ETA activities. Many others have been convicted of membership of political parties or organisations that have never been associated with the use of violence. Some have been convicted of terrorism for minor acts of sabotage during street protests, and still others have been jailed for expressing political opinions. Journalists, students, youth activists and lawyers are among the prisoners.
Since 1998, the Spanish judiciary has implemented a criminalisation strategy that claimed ‘everything that surrounds ETA is ETA’. Any political party, newspaper or cultural organisation that supported Basque independence was deemed to be part of ETA.
As well as the Law of Political Parties, which criminalised membership in Batasuna and other non-violent political organisations in 2002, the law against “glorifying terrorism” has been used to jail journalists, editors, and elected political representatives. Over the past year this law has led to terrorism charges against dozens of youths for their social media posts, including, for example, a post of a map of the Basque Country with the word ‘Independence’ on it.
In February last year a 36-year-old man, Arkaitz Bellón, died in a jail in Andalusia. His experience of the Spanish justice system was unfortunately typical of Basque prisoners and involved harsh sentencing, beatings in jail, repeated transfers and dispersion.
Arkaitz died more than 1,200km from his home. He had been jailed for “terrorism” for 13 years for his involvement in street disturbances and was just a few months away from completing his sentence. He had reported being beaten by guards in the prisons he was previously held in, in Sevilla in 2013, Puerto III in 2010 and Algeciras in 2008.
His death was caused by a pulmonary edema, and he was the third Basque prisoner to die of illness in jail in the space of one year. If Arkaitz had been an ordinary prisoner he would have qualified for early release under Spanish law as he had served more than three-quarters of his sentence. But refusing to apply this law is another one of the exceptional measures used by the Spanish government against Basque prisoners.
Refusing to release seriously ill prisoners on parole is yet another exceptional measure used against Basque prisoners. According to Etxerat (Home), the prisoners’ relatives association, there are currently nine prisoners in jail who are suffering from serious and incurable illnesses, including multiple sclerosis, AIDS, and cancer. Ordinary prisoners receive this right under Spanish law, and it is enshrined in two binding United Nations human rights conventions, which Spain is a signatory to. Repeated transfers, mistreatment, beatings and solitary isolation are also commonly used against Basque prisoners.
The policy of dispersion was introduced by the Spanish government as a hardline punitive measure following the failure of the first negotiations between ETA and the Spanish government held in Algeria in 1989.
International human rights organisations and the UN have long been calling on the Spanish government to end the policy. It contradicts a UN resolution (‘Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment’) adopted in 1988 that states: “If a detained or imprisoned person so requests, he shall if possible be kept in a place of detention or imprisonment reasonably near his usual place of residence.” The principle is aimed at defending the right of prisoners to maintain their family connections, and their connections with trusted legal representatives and physicians.
Dispersion not only infringes the right of prisoners to maintain their family ties; it punishes the families themselves, who are forced to make round trips of, on average, 1,400km every weekend to visit their relatives at an average expense of €20,000 per year. Etxerat has recorded the number of traffic accidents relatives have suffered in these trips – more than 400 since the introduction of the policy. Sixteen relatives of prisoners have been killed in such accidents.
Extending prisoners’ sentences
A punitive measure against Basque prisoners known as the Parot Doctrine was introduced in 2006, but has now been struck down by the European Court of Human Rights (ECHR).
The doctrine, which was applied retroactively, meant remission for Basque political prisoners jailed before the introduction of the current penal code in 1995 could be granted on prisoners’ original full sentences instead of the 30-year maximum term. This effectively imposed life sentences. Parot was applied to 93 prisoners, including 71 who were still in jail when the ECHR ruled it was a human rights violation on 21 October 2013. Spain was forced to release them.
However, the Spanish government is now pursuing another legally dubious path in an attempt to extend the sentences of Basque prisoners. A European Union Council Framework Decision adopted in November 2008 (2008/909/JHA), regarding the principle of “mutual recognition” of judgments and sentences among EU member states, means that Basque prisoners who have served time in French prisons should have these years counted as part of their total time served when they are transferred to the Spanish state.
The Council Framework Decision had not been codified in legislation by the Spanish parliament, but Spanish courts applied it and discounted years spent in French jails for transferred Basque prisoners. The conservative People’s Party (PP) government has now legislated for its own interpretation of the Council Framework Decision, stating that it is not to be applied to prisoners sentenced after August 2010. This arbitrary date has nothing to do with the framework decision, which did not include any such limitation.
This has caused confusion as to whether the EU decision or the Spanish interpretation should be followed, and prisoners have appealed its application. But appeals heard in the Supreme Court resulted in opposing decisions. The Grand Chamber of the Supreme Court was then convened on 16 December 2014 to hear an appeal.
On 19 December 2014, 13 of the 18 Supreme Court magistrates publicly criticised what they said was an attempt by the Executive to interfere with the judiciary. Officials from the prosecutor’s office were pressuring the Court to disregard the EU decision. The Supreme Court decision has now been postponed until 13 January. If the government pressure succeeds, 50 Basque prisoners could have their sentences illegally extended.
Prisoners’ relatives association Etxerat said in December 2014 that it fears a massive transfer of prisoners from the French to the Spanish state is being planned under the Framework Decision, and that Spain will use the transfer to move these prisoners even further from home, including to prisons as far away as Africa.
Spain changes the rules
The Spanish government is in the contradictory position of trying to deny the political dimension of the conflict by insisting the Basque prisoners are common criminals and not political prisoners, while at the same time singling these prisoners out for special punitive treatment.
For 26 years, successive Spanish governments have insisted that in order for a prisoner to achieve an end to the use of punitive exceptional measures, he or she must individually renounce the use of violence and acknowledge the suffering caused by ETA. The Basque Political Prisoners Collective (EPPK) has historically resisted meeting these conditions.
On 28 December 2013, the EPPK released a statement in which it confirmed its support for the ETA ceasefire and the development of a peace process. It recognised the suffering caused by the conflict, and committed for the first time to aiming for the repatriation of prisoners on an individual basis through engaging with the Spanish legal framework. In essence, it meant Basque prisoners collectively accepted the legitimacy of the Spanish justice system for the first time.
Characteristically, Spain responded less than two weeks later by arresting and jailing eight EPPK mediators, including two lawyers, on 8 January 2014. They claimed the EPPK, and therefore its mediators, was an “operational arm of ETA”.
In March 2014, in accordance with the EPPK announcement, a number of prisoners began individually engaging with the legal system to fulfil requirements and request transfer to Zaballa jail in the Basque province of Alava. Prisoners with serious and chronic illnesses, and those over 70, filed requests asking for parole or house arrest.
By July 2014, every single one of more than 65 requests for transfer or parole had been rejected. The rejections claimed the fact the prisoners had met all of the previously stipulated conditions wasn’t good enough, as the members of the collective had not “broken with the discipline of ETA”.
The discipline of ETA – or rather, of the EPPK, which includes all Basque political prisoners – resulted in a collective renouncement of the use of violence, acknowledgment of the suffering caused, and recognition of the Spanish justice system’s authority. The collective made a difficult political decision and a historic compromise in order to achieve repatriation as a crucial peace-building measure.
Solidarity itself criminalised
The abuse of prisoners’ rights, and the widely documented use of torture by the Guardia Civil during the standard five-day incommunicado detention of political suspects, have long been among the most emotive issues in Basque society. The torture and mistreatment of political prisoners during the four-decade dictatorship of General Franco created a profound abhorrence among Basques for such abuses that continues to be deeply felt today, across the political spectrum.
Months after ETA announced a permanent ceasefire in 2011, a massive demonstration for the repatriation of Basque prisoners was held in Bilbao in January 2012. One hundred thousand people marched. As a result of the groundswell of support for the campaign, a broad alliance of Basque civil society formed and legally registered ‘Herrira’ (Return Home) the following month, a committee that would campaign for the end to the dispersion policy.
Herrira organised a march for repatriation in Donostia/San Sebastian in January 2013 that swelled to 115,000 people. In September 2013, the Spanish government launched a series of raids against Herrira, shutting down the organisation and charging 18 of its activists with terrorism offences.
Never deterred, supporters of the campaign for repatriation quickly formed a new organisation, Tantaz Tanta (Drop by Drop), and called for the annual demonstration for an end to dispersion to be held in Bilbao in January 2014.
But Judge Eloy Velasco from the Audiencia Nacional banned the march on the grounds that Tantaz Tanta had “links” to Herrira. Tantaz Tanta cancelled the march but the ban provoked outrage and forged unity among all sections of Basque nationalist opinion.
Basque abertzale left party Sortu and its affiliated trade union confederation LAB immediately worked together with the conservative PNV (Basque Nationalist Party) and its affiliated union the ELA to call for a new march on 11 January 2014 – which drew 130,000 people out on to the streets of Bilbao.
It was the largest protest in the history of the Basque Country, and it called for ‘Human Rights, Resolution, Peace’. It was the first time since 1998 that the PNV and abertzale left held such a joint demonstration.
Yet another new organisation, Sare, was launched in September 2014 after Velasco’s attempt to criminalise Tantaz Tanta. In a stadium filled with 10,000 people, and addressed by Basque political figures, celebrities and cultural figures, Sare pledged to work for the repatriation of prisoners; for the release of seriously ill prisoners; and for the release of all those who have been jailed for purely political work. It has already distributed half a million copies of its ‘Book of Dispersion’ around the world.
Madrid’s intransigence is becoming increasingly difficult to justify as international pressure builds for the Spanish and French governments to grasp this historic opportunity for a comprehensive resolution to the long Basque conflict. And Basque society is becoming increasingly unified and mobilised in its demand for human rights and a peaceful resolution.
Sare representatives said in December that tonight’s silent demonstration will ensure that “the shout of thousands of silent voices of citizens reaches the last corner – so that the world perceives that putting an end to dispersion is necessary and urgent.”