• Justice The Supreme Court of France rejects Josu Ternera's appeal and confirms his delivery to Spain

  • Profile Josu Ternera, the last 'general' of ETA

  • 33 years Tribute to the victims of the ETA attack on the Zaragoza barracks

The Criminal Chamber of the National Court has rejected the appeal filed by

Joseba Andoni Urrutikoetxea

,

Josu Ternera

, against the order that agreed to his prosecution for the attack against the Casa Cuartel de Zaragoza in 1987, which left 11 dead, five of them they girls.

The Third Section rejects that there has been a violation of fundamental rights, as alleged by the leader of ETA.

The magistrates affirm that the appealed order includes a detailed and very specific exposition of the facts that are imputed to the defendant, together with the express mention of the proceedings and summary elements used by Judge

Ismael Moreno

to argue the prosecution.

The resolution explains that, as acknowledged by the defense of

Josu Ternera himself

, some indication of criminality exists with respect to

Ternera

, "which not only allows, but also obliges the issuance of the indictment" as unanimously supported by the accusations people in the procedure.

The allegation of the ETA member that judging him for these events would clash with the judicial truth declared in the sentences already final on the attack, which indicate who were responsible, is also rejected.

The Chamber responds that this does not exclude that later the participation of

Josu Ternera is added

and that the sentences handed down only have consequences for those envelopes that fall.

The defense of the ETA leader had also tried to get the National Court to consult the Court of Justice of the EU on how to apply the regulations to their specific case.

The magistrates see no need to do so.

In another phase

In its writing, the court recalls that it will be in the oral trial when the Criminal Chamber will prosecute the evidence of criminality collected during the investigation phase.

Although formally there are still several procedures for this, the decision to endorse the prosecution makes it practically certain that

Josu Ternera

will have to sit on the bench.

The Third Section points out that this is not the appropriate procedural moment to pronounce on the accusation that the prosecutor will later formulate and the rest of the accusations, nor the moment to make "any projection or forecast" of the possible result of the evidence in court.

It will be in this phase, the magistrates say to the accused, when his defense can practice the evidence that reinforces his argument that there is not enough evidence to convict him.

According to the criteria of The Trust Project

Know more

  • ETA

  • Justice

  • Terrorism

  • National audience

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