Xabat Moran, Bergoi Madernaz, Marina Sagastizabal, Aiala Zaldibar and Igarki Robles, five of the seven Basque youth sentenced to six years by the Audiencia Nacional (special Spanish Court) last Spring, have been freed this Wednesday.
Translation of press report NAIZ|from MADRID|2015/11/04|5 IRUZKINel juicio. (J. DANAE/ARGAZKI PRESS) and comment from https://www.facebook.com/dublinbasque/posts/1063431863690750
Xabat Moran, Bergoi Madernaz, Marina Sagastizabal, Igarki Robles and Aiala Zaldibar were sentenced to six years together with Ibon Esteban y Ainhoa Villaverde.
During the afternoon it emerged that the five would be freed, hours after the Supreme Court made held a public hearing in which the State Prosecutor left the possibility of reducing the sentences in the hands of the Tribunal, while the Defence asked for the accused to be cleared of all charges.
The five have left prison and began the journey home.
The exact content of the Supreme Court’s decision is not yet known and whether this will affect the situation of Ibon Esteban and Ainhoa Villaverde is not yet known.
Twenty-eight youth were accused of membership of SEGI, the Basque Abertzale Left youth group and tried in the same trial, of which the Prosecutor withdrew charges against twelve. Later, others were discharged due to lack of evidence and in the end seven were sentenced to six years.
Villaverde, Moran, Sagastizabal and Madernaz were detained by the Ertzaintza (Basque police) before their sentences were announced, while Esteban, Robles y Zaldibar became fugitives, only to reappear in the “Human Wall” in Gastheiz/ Vitoria, where they were arrested.
While friends and relatives will of course celebrate the decision, one commentator said: “The point for the Spanish state is to close down all legal political outlets in terms of campaigning around human, civil and political rights in the Basque Country. That leaves only the armed struggle, with which in recent decades ETA (Homeland and Freedom) has been clearly unsuccessful.”
A finding of guilt against these political activists needs to be seen in the context of the jailing of a number of political prisoners’ lawyers not so long ago and the currently ongoing trial of five political activists of Askapena, the organisation with responsibility for coordinating international solidarity work from and for the Basque Country.
For four years now ETA has been on the “permanent ceasefire” it announced at the time, yet Basque political activists continue to be charged with “assisting terrorism” or “glorifying” it.
Another point to bear in mind is that when the 28 youth, including those against whom the State later withdrew charge or the Court found “not guilty”, were originally arrested in October 2014, it was in a heavy military-style operation, they were taken from the Basque Country to Madrid, held incommunicado and a number were tortured. Then when bailed, they had to return to Madrid later to face trial, they and their supporters having to pay for travel and accommodation. The Spanish state does not have a record of paying compensation to those it has wrongfully accused or even imprisoned, not to speak of tortured, except on occasion under orders from the European Court of Human Justice in Strasbourg.
The “Human Wall” was a tactic developed and employed mostly by Basque Youth as a civil disobedience tactic, beginning in 2013 and lasting until 2014. Typically, the person wanted by the authorities appeared in the middle of a large crowd of supporters who linked arms. The police (in all those cases, the Ertzaintza) were obliged, in order to detain the fugitives, to spend a number of hours breaking up the “human wall” in order to obtain their objective and hand the fugitive over to the Guardia Civil, all the time being denounced by those forming part of the ‘wall’ and protesters standing by, the whole event being filmed and photographed, reaching an international audience. Variations on the “Wall” were practiced in Donosti/ San Sebastian, Gastheiz/ Vitoria, Pasaia, Navarra and Gernika.