The National Court demands "sincere" repentance from the ETA prisoners to be released in semi-liberty

Graffiti supporting ETA prisoners on the Hernani pediment (Gipuzkoa). Javier Hernández

In the last eight months, the National Court has revoked the third degree or semi-liberty of 10 ETA prisoners who had been granted it by the Basque Government.

The reading of the records in which these judicial decisions were adopted point to a tightening of the requirements for ETA inmates to access this prison benefit that allows them to only go to prison to sleep from Monday to Thursday in most of the cases.

According to the resolutions, to which EL PAÍS has had access, in eight of the cases the main reason given by the judges to order the return to prison of the ETA members was the alleged lack of "sincere" repentance included in the petition letters. pardon, so they did not comply with article 72.

In the other two cases, the National Court alleges as the main argument to revoke the semi-liberty that the inmates had not yet enjoyed exit permits, a prison benefit that said orders consider an essential prior step with which to verify that the inmate is prepared for the regime open.

Along with them, the judges also often refer to non-payment of civil liability (the Judiciary Law establishes that the convicted person must have paid it or, at least, shown his willingness to do so), the seriousness of the crime or that the time remaining sentence is still high.

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A judge proposes to an ETA prisoner to meet with victims to access semi-liberty

Since the Basque Government took over the management of the prisons, on October 1, 2021, it has granted semi-liberty to 34 members of the extinct terrorist organization.

Of these 34 cases, 24 have been appealed by the Prosecutor's Office -70%- before the Penitentiary Surveillance Court of the National High Court, which, in addition to the 10 that it has revoked, has so far confirmed seven, according to data from Sare, a citizen platform to support Basque prisoners.

The first revocations occurred in June of last year, when the Prison Surveillance Judge José Luis de Castro ordered the return to prison of José Ignacio Bilbao Gaubeca and Gorka Martínez Ahedo.

In both cases, the magistrate argued that the alleged repentance that they had shown in their respective writings was not enough.

In the case of Bilbao Gaubeca, of which the judge admitted that there were "many existing positive data" about his behavior and prison evolution, he stressed that the letter in which he asked for forgiveness had not personalized this in "those people on whom he attacked" , among whom were the former Basque councilor of the PNV Juan Mari Atutxa and the leader of the Basque PP Carlos Iturgáiz.

For this reason, he concluded that it was necessary to "promote the treatment path [the work that prison professionals do with inmates to achieve their reintegration]" before granting him the third degree.

He used similar arguments in the case of Martínez Ahedo, in whose brief acknowledging the damage caused, the judge pointed out that he did not meet "the requirement of expressly requesting forgiveness from the victims of his crimes", to which he did not refer.

Besides,

The National Court did not again revoke semi-liberties of ETA members until October.

So, there were three, in all cases again because they considered their letters of request for forgiveness insufficient.

The first was Xabier Atristain Gorosabel, who was criticized by Judge De Castro for not formulating "any request for forgiveness from the victims of crimes of terrorism [of] ETA" in the only document he presented and for limiting himself to speaking of "their situation already the importance of being able to return to a regime of semi-liberty as a means to be able to care for his family”.

Of the second, Aitor Esnaola Dorronsoro, the judge affirmed that, although his terrorist activity did not produce direct victims to whom he could ask for forgiveness directly, if he should have done so to "the generality of victims and families",

Something similar happened with Mikel San Argimiro Isasa, to whom the judge also recognized "a very positive evolution" and, even, that in his repentance writings "he names the people who have suffered the terrible consequences of their actions."

However, the magistrate considered that these texts only included an acknowledgment "of the damage caused and the pain caused", but not "a request for forgiveness, or a clear statement, which unequivocally allows us to conclude that he is indeed sorry for the damage caused".

In November, the prisoner whose third degree was revoked by the National Court was the former ETA chief Joseba Arregi Erostarbe, alias

, to whom the order also reproached the content of his letter of repentance.

"It is powerfully striking that a person with so many murders behind him [11 dead and 88 injured stands out later in the resolution] does not mention his victims and mainly addresses them to ask for their forgiveness," said the judge, who had an impact in that it was not enough "a mere empathy for the victims or a generic reference to the pain caused" to access the open regime.

The last four revocations are from 2023, with magistrate María Reyes Jimeno replacing her colleague De Castro at the head of the Penitentiary Surveillance Court.

On January 25, the judge revoked the freedom of Asier Rodríguez López, considering that although "important steps are evident in the trajectory and evolution of the inmate", she considered that giving him semi-liberty was premature because the crime committed (murder) was very serious. , he had "many years of pending sentence" and had not yet enjoyed the permits that must verify if he is prepared for the open regime.

In his case, the order did not make any allusion to the content of the repentance letters.

Nor was it done in Asier Carrera Arenzana's, whose semi-liberty was revoked on February 7.

In fact, in his case, the judge highlighted that a letter from this prisoner "deeply regretted the suffering caused to the families" of his victims, whom he cited by name, which he valued as "an important advance in his evolution."

However, the magistrate gave more weight to the fact that he was serving a sentence "for very serious crimes, he still has many years of sentence pending [and] he has not begun to enjoy ordinary permits as a step prior to semi-liberty," as in the case. case of Asier Rodríguez.

The content of the letters became relevant again in the last two revocations.

Last week it was known that Judge Jimeno ordered the return to prison of Ainhoa ​​Barbarin Yurrebaso, considering that making a "generic" reference to the victims in a repentance text —"everyone who suffered with my activity"— " does not satisfy the legal existence of an express declaration of repudiation of their specific criminal activities or of an express request for forgiveness”.

In the case of Juan Carlos Subijana Izquierdo, known this Tuesday, the magistrate had an impact on the same idea when considering that in his writings the ETA member had avoided citing the armed gang as a terrorist and showed "a certain equidistance" when speaking of "all the victims ”.

In this case, the order adds as a novelty raising the need for ETA members to participate in a restorative justice program, which includes meetings with victims, to "corroborate the sincerity of repentance."

Telematic bracelet for an ETA member

The Criminal Chamber of the National Court has confirmed the third degree or semi-liberty that the Basque Government granted last June to ETA prisoner María Lizarraga Merino and that it had previously been endorsed by the Penitentiary Surveillance Court to endorse it.

According to the order, the inmate – who is serving a 20-year sentence for illicit association and possession of explosives – had submitted a repentance letter in May whose content was supported by prison professionals from the prison where she is being held.

In addition, the resolution highlights that Lizarraga had already enjoyed release from prison to carry out activities without "incidents" taking place, that in his terrorist activity there were no "specific victims" or civil liability to pay, and that he had family support.

The magistrates also emphasize that he has two small daughters (one three years old and the other a few months old) and, therefore, "family responsibilities".

For this reason, the order concludes that it is "appropriate" that he enjoy the third degree "in telematic mode", that is, under the control of a bracelet that will allow him not to have to go to prison or to sleep, with the only limitation of having to be at home from a certain hour of the night until the next morning.

The Prosecutor's Office, in line with the appeals that it has presented against the semi-liberties of other positions, had opposed Lizarraga's open regime, considering that that May letter did not express, in its opinion, "true regret and repudiation of his specific acts criminals”.

“family responsibilities”.

For this reason, the order concludes that it is "appropriate" that he enjoy the third degree "in telematic mode", that is, under the control of a bracelet that will allow him not to have to go to prison or to sleep, with the only limitation of having to be at home from a certain hour of the night until the next morning.

The Prosecutor's Office, in line with the appeals that it has presented against the semi-liberties of other positions, had opposed Lizarraga's open regime, considering that that May letter did not express, in its opinion, "true regret and repudiation of his specific acts criminals”.

“family responsibilities”.

For this reason, the order concludes that it is "appropriate" that he enjoy the third degree "in telematic mode", that is, under the control of a bracelet that will allow him not to have to go to prison or to sleep, with the only limitation of having to be at home from a certain hour of the night until the next morning.

The Prosecutor's Office, in line with the appeals that it has presented against the semi-liberties of other positions, had opposed Lizarraga's open regime, considering that that May letter did not express, in its opinion, "true regret and repudiation of his specific acts criminals”.

under the control of a bracelet that will allow him not to have to go to prison or to sleep, with the only limitation of having to be at home from a certain hour of the night until the next morning.

The Prosecutor's Office, in line with the appeals that it has presented against the semi-liberties of other positions, had opposed Lizarraga's open regime, considering that that May letter did not express, in its opinion, "true regret and repudiation of his specific acts criminals”.

under the control of a bracelet that will allow him not to have to go to prison or to sleep, with the only limitation of having to be at home from a certain hour of the night until the next morning.

The Prosecutor's Office, in line with the appeals that it has presented against the semi-liberties of other positions, had opposed Lizarraga's open regime, considering that that May letter did not express, in its opinion, "true regret and repudiation of his specific acts criminals”.

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