Individual
reports:
19 February 2007
Report nº18
William SLOAN - IADL
BASQUES AND MASKS
The Basques are a small European nation —
some three million, distributed amongst the Spanish
and French states. Their language is more ancient
than Rome. The Basque Country is mountainous,
with steep pastures dotted with sheep and coastal
villages on the Bay of Biscay where fishermen
launch their boats. They went to Terra Nova in
search of cod before Cabotto, and possibly even
before Leif Ericsson.
Picasso’s
Guernica commemorates the bombardment of the small
Basque town of Gernika by Hitler’s warplanes
during the Spanish Civil War. Gernika was the
historical and cultural centre of Basque traditions.
The 40 years of fascist dictatorship under Franco
was especially ruthless towards the Basques, whose
language was fiercely repressed. Only two leftist
political organisations survived these years of
repression — the Spanish Communist Party
and ETA in the Basque Country. After Franco’s
death, the Communist Party acceded to the negotiated
democratic regime, while ETA did not. However,
the Basque left, including ETA members from the
Franco era, did incorporate itself into civil
society.
The
hypothesis put forth by Baltasar Garzón,
chief justice of criminal court number 5, is that
former ETA members remain so today, along with
those who work with them and the people who share
their social viewpoint — the entire sphere
of activity that Garzón refers to as the
"Movimiento de Liberacion Nacional Vasco
[Basque National Liberation Movement]" (MNLV).
Franco’s
instrument of legal repression was the Tribunal
of Public Order. After his death, a royal decree
rechristened it as the "Audiencia Nacional"
or National Court system, as if Spain were made
up of but a single nation.
This
court system is today’s instrument of repression
of Basques, through investigations, accusations
and trials. I travelled to Madrid at the end of
February 2007 to observe one part of criminal
trial 18/98. I was able to hear a few hours of
the prosecution’s arguments, but the rest
of the week’s hearings were cancelled. Some
luck. I spent the rest of the week in the Basque
Country, meeting with attorneys, defendants, NGOs…
and enjoying the local culinary delights. At midday
Friday people left their places of work and I
marched with them for the rights of the political
prisoners. It was a peaceful march with no incidents.
Saturday
afternoon I participated in another peaceful march
declared illegal ab inicio two days prior by the
Audiencia Nacional in Madrid. Apparently, certain
people and organisations do not have the right
to peaceful demonstration. The march was rescheduled
on two occasions but on both occasions they reiterated
the legal ban, insisting that it was terrorist
activity.
The
starting point was an avenue the lead toward the
centre from the motorway exit. The Guardia Civil
detained several busses coming from other cities,
keeping them from arriving at their destination.
The Ertzantza (Basque Autonomous Police force),
confiscated all of the demonstrators’ banners
and other material, and the riot squad blocked
the avenue leading to the centre.
The
people attempted to march down a parallel avenue,
but two blocks down, completely unexpectedly,
I found myself fleeing from rubber bullets fired
by police to disperse the crowds. The “confrontation”
was nothing more than a sit-in on the pavement,
violently broken up with helmets, shields and
truncheons.
Trial
18/98, the pet project of criminal judge Baltasar
Garzón, also known as Pinocchio. En 1989
he helped to organise a special team of the Spanish
National Police’s Central Intelligence Unit,
to investigate the leftist Basque pro-sovereignty
movement. All sectors of civil society are targets
— Basque language schools, newspapers, magazines,
radio stations, environmental groups, pubs and
eating clubs, codfish exporters, political parties,
cultural organisations, anti-repression NGOs,
political organisations, youths, attorneys. All
are suspect and all are under investigation. His
file grows to over 100,000 pages. In 1998, judge
Garzón springs to action.
The
judge has the power to order individuals arrested,
held incommunicado and interrogated for a period
of five days. Five days in the dungeons of anti-terrorist
police, with the possibility of another eight
days in prison, with no right of habeas corpus,
no attorney, no visits or phone calls from family.
Not even the right to consult with an attorney
before being brought to testify before judge Garzón.
The
judge may take administrative measures, including
confiscation of property, prohibition of public
activity, the banning of organisations and the
shutting down of newspapers and other media.
THE
ACCUSED
Egin
was a daily newspaper serving the Basque left,
primarily in the Spanish language, with circulation
of some 100,000 issues. It ran for 20 years after
its initial funding by donations from the citizenry.
Egin Irratia was its radio-broadcasting subsidiary.
In July of 1998 both media outlets were shut down.
All of their property was confiscated, their premises
locked and their editors and contributors accused
of terrorism. Judge Garzón’s specific
instructions to the court-appointed administrator
prohibited any action that would maintain the
assets and financial health of the enterprises.
The baby is dead.
Forty
years of repression of the Basque language under
Franco nearly did it in entirely. Today it is
not in danger of extinction in the Basque Country,
with education, highway signs and publications
in the Basque language, but it is still a minority
language. AEK is an NGO that runs a campaign to
raise fluency and literacy in Euskera (the Basque
language) among adults. In 2000, AEK had some
800 semi-volunteer teachers and 18,000 students.
In November of 2000, Garzón called 19 members
of AEK before the court, accusing them of terrorism
as members of the “front of the masses”
of ETA. In December of 2001, the case was thrown
out.
XAKI
is an international NGO for human rights. Its
mission is to broadcast the Basque situation to
the rest of the world, review the Spanish judicial
system and help Basque exiles to survive or challenge
extradition requests. In January of 2000, dozens
of members of XAKI, including a member of parliament
(Esther Aguirre), were accused of membership in
ETA. Nine of the cases are still pending.
When
Egin was shut down, the leader of the investigative
reporting team, Pepe Rei, created Ardi Beltza,
a magazine of investigative reporting with a circulation
of 14,000, in three languages. The magazine reported
on corruption and violence perpetrated by the
state. In January of 2001, Pepe Rei was arrested
and accused of collaboration with ETA, because
his journalistic work helped ETA to select their
targets!!! He was set free in June of 2001 by
the judges of courtroom number 4 of the Audiencia
Nacional. These judges then became the targets
of a character-assassination campaign by the Spanish
government and media for their decision to set
Rei free. In February of 2002, the judges reversed
their decision and toed the government line. Pepe
Rei is accused of terrorism for his writings.
In 2004, the prosecution requests 12 years.
EKIN
is a pro-sovereignty and socialist political organisation
in the Basque Country, active in the areas of
Basque Language and education, as well as social,
environmental and territorial issues. In September
of 2000, 20 alleged EKIN activists are arrested
and homes and offices are searched, including
those of Herri Batasuna, a pro-sovereignty leftist
political party. Between December of 2001 and
April of 2002, the aforementioned courtroom number
4 of the Audiencia Nacional sets them free on
bail, stating on 4 April 2002 that judge Garzón
must base his accusation on conclusive evidence
and not only on mere suspicion. The decision is
strongly criticised by the government, the media
and Garzón himself.
The
very same day, Garzón outlaws EKIN, because
he is of the opinion that ETA created EKIN, which
in turn controls the Basque National Liberation
Movement, which in turn controls the urban violence
and ETA’s civil disobedience campaign. Yes,
as bizarre as it sounds, Garzón alleges
that ETA is directing civil-disobedience campaigns.
The prosecution requests 12 to 15 years of imprisonment,
and in one case 51 years.
The
Joxemi Zumalabe Foundation promotes contact and
cooperation among different social movements,
organising conferences, debates and meetings among
organisations and social groups. ABK or Autodeterminaziorako
Biltzarrak promotes the right to self-determination
with non-violent public actions. On 4 October
2000, Garzón arrested nine people identified
with these NGOs, accused of supporting ETA through
their actions to “subvert the constitutional
order and create anti-authority spaces”.
I repeat, they are accused of terrorism because
their civil-disobedience actions attempt to change
the established constitutional order. All are
set free after some days. The prosecution requests
10 to 12 years.
On
13 September 2002, on the eve of a mass protest
against the suspension of the political party
HB-EH-Batasuna, Iker Casanova is arrested for
allegedly organising this protest. On 3 October
2002, three Batasuna activists are arrested because,
according to the police, they continue to carry
out activities of the outlawed party. The criminal
activity consists of the sale of offices of the
party, the purchase of another, payment of bail
for a person arrested under the 18/98 proceedings
or organising protests against the outlawing of
Batasuna.
Gestoras
Pro Amnistía (GPA) organise acts of solidarity
with Basque political prisoners and victims of
state repression. Their work is public and out
in the open. On 31 October 2001, the public leaders
of GPA are arrested and on 19 December 2001, GPA
are declared illegal. Askatasuna then appears
in mid-December, but is also declared illegal
on 5 February 2002 as the successor to GPA. The
searches carried out on 31 October 2001 are personally
supervised by judge Garzón. Garzón
uses the search warrants for GPA offices to search
the offices of criminal attorneys on another floor
of the same building, confiscating their files
and computers. In flagrant violation of professional
secrecy, and in spite of the illegal confiscation,
all of the documentation is copied before being
returned to the attorneys.
The
Basque Country has a long tradition of social
gathering places with a gastronomic bent -herriko
tabernak- with open ties to political parties.
Batasuna (the Basque word for ‘unity’)
is the electoral political party for the pro-sovereignty
Basque left. In April of 2002, Garzón sets
his sights on Batasuna precisely because of these
establishments. Eleven people linked to the herriko
tabernak are accused of financing ETA. In May
of 2003, Garzón orders the seizure and
administration by the court of 75 tabernas linked
to Batasuna.
On
26 August 2002, Garzón outlaws Batasuna
with the option to extend the ban for an additional
two years. At the time, Batasuna had some 900
town council members and 60 mayors throughout
the Basque territory. Their voter representation
in the Basque Autonomous Region’s parliament
ranged from 10% to 18%. After closing all of their
offices, along with the herriko tabernak, the
elected officials are strictly limited to official
duties only, and may not even participate in press
conferences. Their web site is censored and they
are not allowed to publish information or opinions,
even in paid announcements. They are not allowed
to call meetings or demonstrate. The police are
ordered to put together a list of those with past
or present links to Batasuna. The result is an
end to the party’s activities. Protests
against the outlawing of the Batasuna are in themselves
illegal. A week later, Garzón issues a
mandate to the police to identify “demonstrations
carried out directly or indirectly by Batasuna”
in order to prohibit them. Thus, the police have
absolute discretion to prohibit demonstrations
in name of the Audiencia Nacional.
On
that same 26 August 2002, Garzón searches
the offices of two prominent Basque human-rights
NGOs — the TAT (against torture) and Etxerat
(family members of political prisoners).
Eskaldunon
Egunkaria is a daily newspaper published in the
Basque language and has a circulation of 15,000.
On 20 February 2002, criminal court judge Juan
del Olmo of the Audiencia Nacional orders the
closing of Egunkaria and sends the Guardia Civil
to arrest 10 members of its board. The judge and
Interior Minister publish a joint press release
to explain their reasons. Six of the journalists,
including director Martxelo Otamendi report having
been brutally tortured during the five days they
were held incommunicado in the hands of the Guardia
Civil. The Interior Minister declares, without
any investigation whatsoever, that the six will
be charged with falsifying a criminal report.
A seventh detainee is sent to hospital where he
attempts suicide.
In
October of 2003, Judge del Olmo arrests another
nine Egunkaria journalists. After five days of
incommunicado detention, the police bring them
to del Olmo’s court, where their attorney
Enekoitz Etxeberria is also arrested. All are
released on their own recognizance the following
day.
Udalbiltza
is an association comprised of hundreds of elected
municipal officials throughout the Basque Country,
in territory under both Spanish and French administration.
One of their initiatives was to issue a Basque
identity card, which recognises the person who
voluntarily applies for it as a “citizen
of Euskal Herria [Basque Country]”, making
no reference to either the Spanish or French state.
On 29 April 2003, Garzón arrests eight
members of Udalbiltza, accusing them of belonging
to ETA. He pronounces Udalbiltza to be an illegal
organisation, and a week later arrests its president
Loren Arkotxa, mayor of Ondarroa, in the province
of Bizkaia. Several of the arrested elected officials
remain in custody awaiting trial for over a year.
TRIAL
VENUE
The
courts of the Basque Country offered a venue and
administrative services, but the trial finally
takes place in Madrid, in the Audiencia Nacional
building. The Audiencia Nacional has never met
outside of Madrid. This is a court of first instance
where the defendants must be present every day
that court is in session. The only accommodation
was to replace the Thursday and Friday sessions
with night sessions on Mondays and Tuesdays. All
of the defendants and defence attorneys were obliged
to travel to Madrid each week, returning to the
Basque Country to tend their practices. Each trip
meant purchasing a return airfare or spending
four hours on mountainous motorways at 120 km/h.
Most
of the defendants could not carry out a normal
work week, having to spend three days per week
sitting in the Madrid courthouse. They find lodging
however they can in Madrid, far from their families.
The
trial took nearly 200 sessions (199), over forty
weeks stretched out over a year and a half. During
my visit to the Audiencia Nacional, I was amazed
at the complete lack of security in the building,
where there were 60 individuals accused of belonging
to an armed organisation.
EXPERT
WITNESSES
The
police did not seem to have infiltrated the NGOs
of Basque society, as there were no direct witnesses.
The evidence consists of statements made during
their time spent incommunicado, confiscated documents,
and the Central Intelligence Unit investigators.
These agents give anonymous testimony as expert
witnesses, together in the courthouse, with permission
from the court to correct each other as they please.
In nearly all of the cases, the “expert”
policeman’s opinion is used to fill in any
gaps in evidence.
The
Spanish Supreme Court had already accepted the
use of these “expert” police witnesses
during the proceedings against the outlawed political
party Batasuna by the electoral tribunal. For
example, they accused the editors of Egin of having
been appointed by ETA, and being in communication
with ETA via modem. This modem was never provided
as evidence, except in spoken testimony from the
“expert witness” police. It would
appear to be a weapon of mass destruction that
never appeared.
TORTURE
On
1 December 2006, the parliament of the Basque
Autonomous Community voted in a resolution declaring
their solidarity with all of those tortured, asking
the Spanish government to abolish the Antiterrorist
Law and the practice of incommunicado detention
by the Audiencia Nacional. For some time, the
UN Rapporteur Special on torture, the UN Committee
Against Torture (CAT), the CPT of the Council
of Europe, Amnesty International, etc., make note
of this blemish on the Spanish legal system, associated
with the Antiterrorist Law, the practise of incommunicado
detentions and the Audiencia Nacional.
The
defence presented three detailed written requests
for the exclusion of statements obtained through
torture while held incommunicado. All three were
rejected as having no basis in reality or as being
frivolous. That’s how it is. There is no
torture. The court says so.
TRANSLATIONS
Some
of the documents presented as evidence are in
Euskera, the Basque language. The attorneys informed
me that some of the translations ordered by the
National Audience are so poorly done that they
actually contradict what is stated in the original.
The translations arrived after further evidence
could be presented, so it was not possible to
bring in experts to correct them. The errors go
precisely in the direction that favours the prosecution.
This
is finally the hypothesis that prevails.
SEPARATE
TRIAL FOR YOUTHS
Jarrai
is a Basque youth organisation of the pro-sovereignty
left. In 1999, they merge with their peers on
the French side of the border, Gazteriak, to form
a single cross-border group called Haika. In March
of 2001, 15 youths belonging to Haika are arrested
and charged with being youth members of ETA. Haika
and Jarrai are declared illegal, resulting in
further arrests.
In
February of 2005, in the final trial, the Audiencia
Nacional decrees that these organisations are
not terrorist, because they do not use weapons
or explosives. However, they are still considered
to be illegal, and the 24 youths are sentenced
to some three years in prison. They are not charged
with any specific crime; there are no specific
criminal activities beyond merely belonging to
the group.
On
19 January 2007, the Supreme Court votes three
in favour and two against that Jarrai and Haika
are terrorist organisations. The public prosecutor
had appealed the Audiencia Nacional’s decision
to obtain this jurisprudence in order to use it
in other proceedings. In the end, dissidents in
the Basque Country’s civil society can be
considered to be terrorists.
CONCLUSION
There
is no indication that Zapatero’s administration
has the will or ability to put a halt to this
legal repression. However, it is possible for
international publicity to affect their will,
as broadcasting by electronic means can have major
influence.
I believe
that the picture painted in this document speaks
for itself and needs no further comment.
William Sloan,
attorney
Montreal, March of 2007
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