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  • Terrorism The standard letter of the ETA prisoners to be approached

It is not in one, not two, not even three of the writings of the National Court where the false repentance of ETA prisoners is denounced in their letters sent to the Ministry of the Interior and that serve as a can opener for prison improvements. The demand for forgiveness is uniform in the doctrine of the Criminal Chamber of the National High Court and the letters do not meet its criteria.

Thus, there is an order 869/2020, of November 26, of the First Section, in which they question these movements: "When the court agreed to require the penitentiary to issue a report on the inmate's evolution (...) defense presented a brief ... [the questioned standard letter]. The court considers that the temporary situation in which the brief was presented cannot be ignored, which casts doubt on the sincerity of the acknowledgment of the pain caused, tending to respond to the allegations of the prosecutor, regarding the need to make explicit the assumption of criminal responsibility, an element that was considered essential for the origin of the permit. It is inferred that the author continued to classify the terrorist organization as

a political movement

.

The letter does not show a break with the terrorist postulates, but rather the continuation of its justification for political reasons, in line with the gang's discipline ".

In the aforementioned order, writings of "generic assumption of responsibilities presented by various convicted of ETA were added, limited to the recognition of the facts or even the allusion to the damage caused to the victims by the activity carried out in the field of belonging to ETA, waived to violence as a means to achieve political objectives ".

The magistrates understand that the letters have a single purpose, "obtaining prison consequences", and that the texts "are not comparable to the express and individualized request for forgiveness to the specific victims, with the reparation of the damage, collaboration in the clarification of other unsolved crimes, nor with the rejection of terrorist postulates, which continue to be classified as

political objectives

. "

"Absence of request for forgiveness"

Likewise, in order 758/2020, of October 29, the judges insisted: "We have pointed out that the generic assumption of responsibilities, limited to the recognition of the facts or even the allusion to the damage caused to the victims by the activity carried out in the The scope of belonging to ETA is not comparable to the express and individualized request for forgiveness to the specific victims. "

Auto 944/2020, of December 30, indicates: "We once again conclude that the appeal of the Public Prosecutor's Office must be upheld, due to the absence of a request for forgiveness from the specific victims, reparation of the damage and recognition of the damage ( not merely formal and finalist knotted the application for penitentiary benefits) ".

Specifically, regarding prison permits, the court order 757/2020, of October 29, states: "It should be remembered that with respect to generic assumption of responsibilities briefs presented by various ETA convicts, limited to the recognition of the facts or even the allusion to the damage caused to the victims by the activity carried out in the field of belonging to ETA, renouncing violence as a means to achieve political objectives [...], is not comparable to the express request and individualized forgiveness to the specific victims ... ".

In the same sense, order 338/2021, of April 30, states the following: "This court has also pointed out that (...) it cannot be ignored that it is difficult to socially understand the granting of permits to those convicted of serious crimes such as those for terrorism to long-term sentences, with a much lower compliance limit, when the expiration date of the accumulated sentence is still far off and there is no evidence of a profound change in attitudes, either due to the existing criminological circumstances, or because of believing that the change in attitude is due to the influence of factors external to the inmate. We have also reiterated that the lack of current sanctions, the correct behavior in prison, the age of the events, the family support and the allegation that, given the announced dissolution by the terrorist gang ETA,recidivism or violation of the sentence is not possible, they do not entail the disappearance of the purpose of the penalties to which the judge alludes ".

"No evidence of a break"

"On the other hand, this Chamber has ruled on briefs of generic assumption of responsibilities [...], noting that they are not comparable to the express and individualized request for forgiveness to the specific victims, nor to the effective reparation of the damage ( in amounts that are not merely symbolic or ridiculous and whose payment is of recent initiation), nor with the categorical rejection of the terrorist postulates ".

Along the same lines, order 387/2021, of May 17: "We share the criteria of the Public Prosecutor's Office that highlights that said content is in line with other writings that frame the violence in what they call a

political conflict

[...].

In this specific case, as in the other prisoners of the organization, some of whom close to the leadership, it is stated that the way to ensure that violence does not recur is to face the causes and reasons that generated it. in addition to eliminating the situations of suffering that persist today ... Among them also that of the prisoners and their families.

'That our rights are guaranteed and that the penitentiary legislation is applied to us.'

This does not show a break with the terrorist postulates, but rather an attempt to justify it on political grounds, and points to the instrumentalization of forgiveness in a utilitarian way. "

According to the criteria of The Trust Project

Know more

  • ETA

  • Justice

  • National audience

  • Terrorism

  • Basque Country

Terrorism The PSOE assured that "Juana Chaos is the most active prisoner defending peace"

Basque CountryArtolazabal now announces that it will "try to improve as much as possible" the three prisons on the eve of taking office

InteriorThe Hearing does not believe the repentance of an ETA prisoner and knocks down the third degree granted by Interior

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