Basque Fighters Win Major European Human Rights Court Ruling

by Derek Gilna

An October 2013 ruling by the European Court of Human Rights (ECHR) has reversed a decision by the Spanish prosecutor’s office that had been used to eliminate various sentence credits. This ruling should immediately impact 61 political prisoners from the Basque region of Spain. Known as the “Parot doctrine,” the decision had been used to extend the sentences of members of the Basque separatist organization known as ETA, branded as a “terrorist” group in Spain.

The 1973 Spanish criminal code permitted term reductions for various prison activities such as workshops and educational courses from the maximum term of 30 years, but the Parot doctrine, introduced by the Spanish Supreme Court in 2006, mandated that benefits be deducted from each of the counts on which the prisoner was convicted. Ines del Rio Prada, 55, had been sentenced to 3,000 years in jail for her alleged role in 23 murders for the ETA. The new ruling invalidated this doctrine as it is “ex-post facto” punishment.

In its decision, the EDHR paved the way not only for the immediate release of del Rio, but also 61 ETA prisoners and at least 14 criminals imprisoned on other charges, along with 76 other Basque political prisoners. The European Court noted that del Rio “has, therefore, served a longer term of imprisonment than she should have served under the domestic legislation in force at the time of her conviction,” and ordered Spain to “ensure that (del Rio) is released at the earliest possible date.”

The EDHR’s unanimous decision found that Spanish courts had violated Article 5 of the European Convention on Human Rights as an unlawful detention, and cited Article 7, which voids a “heavier penalty” that did not exist at the time of the crime from being imposed. It also noted that the Spanish Constitution itself prohibits retroactive application of laws. It also ordered the Spanish government to pay del Rio 30,000 Euros in compensation and 1,500 Euros in court costs.

ETA has renounced the use of violence and a peace process is now underway between Basque citizens and the Spanish central government, but strong feelings still stand in the way of reconciliation between the parties. Thousands protested in Madrid after the decision of the European Court was announced, and Justice Minister Alberto Ruiz-Gallaradon also criticized the decision, stating, “Someone who kills 20 people cannot have the same legal sentence as someone who committed only one murder.”

Before Ferdinand and Isabella funded the Christopher Columbus’ 1492 voyage to America, the Basque region of northeast Spain was a separate kingdom. Forcibly joined, along with other kingdoms, to form modern-day Spain, various separatist groups have fought to restore their independence. The ETA waged an armed conflict against the Spanish central government, seeking to restore its independence lost hundreds of years ago. The group declared a “definitive end to armed activity” in October 2011, but has not formally disbanded.

Sources: http://elpais.com, http://www.therepublic.com