The victims sue 11 ETA leaders for the murder of a Supreme Court judge in 2000

• Politics Marlaska says in the Senate that all ETA prisoners are already in second degree and less than 200 kilometers from their homes

• Terrorism The Ombudsman denounces to the EU that there are judicial channels to solve 379 ETA crimes

• Terrorism Victims will ask the EU to act against 35 ETA bosses for 65 non-prescribed terrorist crimes

They are still ready to fight.

The victims rush all the avenues to try to advance in the ETA attacks without clarifying and focus on those they consider that they are not yet prescribed.

This is the case of the murder of Supreme Court magistrate José

, murdered on October 30, 2000 with a bomb.

Also killed in the attack were

(police escort),

(assigned driver) and

(public transport driver).

Another 70 people were affected by the explosion.

The complaint is against 11 members of ETA who allegedly were part of the hierarchical chain of command of the organization, both in their intermediate position, at the head of the command on the ground, and in its vertex or

, a term with which ETA referred to its management structure.

Based on data and police reports, among the defendants that the Dignidad y Justicia association indicates is

, alias

and

, who at the time of the events was the direct head of the Madrid command on the ground, and that as such "middle command" transmitted and enforced to the remaining members of the local command the decisions of the "Executive Committee" or

within the "chain of command" of the organization.

The complainants consider that he was the one who transmitted information about the objectives from the bottom up, from the command to the ETA leadership.

The defendants

The complaint includes the ETA commanders who issued the orders to the commandos, as stated in a report from the National Police entitled "Members of the ETA directive bodies." According to this report, the members of the

were:

,

,

,

,

,

,

and

,

and

.

After documenting before the human rights mission of the European Parliament that visited Spain the first week of November that it is still possible to act through national criminal law in 65 unpunished murders against 35 living leaders of ETA, Dignidad y Justicia takes the next step and He filed a 150-page complaint before the National High Court, in which he tried to open a new avenue against the entire chain of command of ETA, from the middle managers to the top.

This association acts directly against the 11 members of the "ETA Executive Committee" which, according to its complaint, were "the ETA itself within ETA, the ETA made flesh, personified and to which all the others slavishly obeyed", and from there to his entire chain of intermediate command, "from the door of the

to the last of the fungible pawn-assassins."

The lawsuit raises for the first time the application in Spain of the mediated authorship by domain of the organization directly to all the heads of ETA that made up its

and to treat them as "authentic authors behind the author."

The text is based on the thesis of the master of European Criminal Law, the German

, who were accepted in turn by the German Supreme Court in the case of the shooters of the Berlin Wall, and supported by the European Court of Human Rights .

Precedents in Peru and Colombia

It is also based on an extensive examination of the international jurisprudence of the application of such authorship in different countries -Germany, Argentina, Chile, Peru, Colombia-.

It pays particular attention to how, precisely, it has been applied in other contexts of impunity by terrorist groups, such as the case of the

group

in Peru, where its top terrorist leader was condemned as the authentic author behind the author who had the domain.

Another case is that of the "armed groups on the fringes of the law in Colombia", such as the case of the conviction of the paramilitary chief

, as a mediate perpetrator of 170 murders committed under his command, even though the specific material murderer it has not yet been clarified.

It is argued that the Spanish Supreme Court has recognized and applied this form of authorship by domain of the organization in cases of business crime, but not to ETA.

The complaint also makes a detailed contribution of internal documents seized from the terrorist group itself, such as the 'Manual of internal command operations' or the 'Basic Decalogue of ETA militants', which show the tight control of the chain of vertical command of the organization.

The "double anchor"

The complainants understand that these data also allow the indictment of middle managers, such as, presumably, Gorka Palacios. In fact, additional reports are requested from both the National Police and the Civil Guard about who were the "lieutenants" or second in command of the military, political and logistical apparatus, to the latter of which and their responsibility is dedicated a pay special attention to the characteristics of the attack on October 30 (explosives).

At the same time, the complaint argues the existence of a "double anchor" of responsibility of the heads of ETA, precisely in the cases of attacks with explosives.

If this route prospers, this would have direct consequences for ETA bosses such as

in attacks such as the one at the headquarters of the Civil Guard in Zaragoza.

Its author is the lawyer of Dignidad y Justicia

, considered a progressive lawyer and trained in Italian and German universities.

He was the author of the first legal works substantiating the crimes of the Franco regime as crimes against humanity, from Judges for Democracy.

In 2007, he received the García Goyena award, which recognized his first theses on the application to ETA of crimes against humanity.

"Spain is a country of favorite genociders," he explained to the European Parliament mission.

"I always asked my students to have a favorite soccer team if they want, but never a genocidal favorite. We have to get out of there as a country."

According to the criteria of The Trust Project

Know more

• Spain

• Supreme court

• European Parliament

• National audience

• Civil Guard

• National Police

• ETA

• Terrorism

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