The National Court returns to knock down the third degree granted by Marlaska to another ETA prisoner

• The facts The links of the ETA prisoners before meeting with the Interior: "Come on, let's pass the list of priorities"

• The plan The three pillars of the plot devised by Otegi to favor ETA prisoners

• Politics The European Parliament commission considers ETA's terrorist crimes "as crimes against humanity"

After revealing a report from the Civil Guard on the contacts between the Ministry of the Interior and the ETA environment that represents the prisoners, the Minister of the Interior, Fernando Grande-Marlaska, has received a new blow to his penitentiary management with the ETA prisoners from his old home, the Audiencia Nacional.

For the second time, this court has knocked down a third degree granted by the General Secretariat of Penitentiary Institutions, directed by

, one of the senior Interior officials that the Civil Guard report puts in the pillory for contacts with the environment ETA.

The Court has once again revoked the concession of this prison benefit that was granted directly by the Ministry of the Interior.

In both cases, the Court questions the repentance expressed by the terrorists and endorses the resources presented by the prosecutor

.

Specifically, as the

advances, citing

, ETA member

, sentenced to more than 25 years, will have to return to prison again.

The granting of the third degree to Crespo was announced on September 29, 2021. The inmate was approached from the El Dueso prison (Cantabria) to the Basauri prison, and agreed to transfer him to the third degree, which meant that he could leave jail.

Crespo Ortega had been homeless in the third grade for four months.

Now, after the court's decision, he must return to prison.

The National High Court has yet to resolve three other appeals filed by the Prosecutor's Office against as many third-degree ETA members with the same doubts about their repentance.

The case of Unai Fano

On October 4, the Criminal Chamber of the National High Court also revoked the third degree of another terrorist,

, for similar arguments.

He considered "premature and inappropriate" the progression to the third degree granted by Penitentiary Institutions to Unai Fano, doubting that his repentance does not have a "utilitarian purpose" to obtain benefits and given his "tendency" to minimize crimes.

It did so because the Public Prosecutor saw the progression to the third degree as "incompatible" with the "necessary realization of the retributive purposes and the general and special prevention of punishment" and because it considered that "the mere manifestation of a commitment to legal channels" made by Fano was "insufficient" for someone convicted of terrorism offences.

Fano, who was serving a 20-year sentence in Bilbao prison for crimes such as belonging to a terrorist organization, was granted the third degree in January this year.

This decision was appealed by the Prosecutor's Office, both to the Penitentiary Surveillance Court and to the Criminal Chamber of the Court.

The arguments of the Chamber

The court discusses the scope that Penitentiary Institutions has given to the brief that Fano presented to the court after being granted the third degree and in which he sees no differences with those of other ETA prisoners, which have a "generic and superficial" character. , link "the commission of terrorist crimes in the field of what is called political struggle" and in which "a utilitarian purpose aimed at obtaining prison permits or benefits cannot be ruled out."

Moreover, the Chamber observes in its brief "a tendency to minimize" its crimes, pointing out that they were committed in France and that there were no victims, a circumstance that, the court underlines, "does not exclude" its seriousness, and recalls that it was the police action that prevented the explosives and weapons seized from him in France from being used for terrorist purposes.

The court does not see "express regret" and points out that it simply limits itself to recognizing itself "as a party" and framing the violence in the political struggle.

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Know more

• National audience

• ETA

• Civil Guard

• Justice

• Terrorism

• Fernando Grande-Marlaska

TerrorismThe approach of a pregnant ETA member to a Basque prison in an ambulance provokes criticism for favor treatment

Justice The National Court processes and orders the imprisonment of two ETA members for the murder of López de Lacalle

TerrorismThe three pillars of the plot devised by Arnaldo Otegi to convince the Government and favor ETA prisoners

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