Justice The National Court returns to knock down the third degree granted by Marlaska to another ETA prisoner
Sentence Two ETA members of the 'caravan of death' are sentenced to 22 years in prison
There are several options to enjoy the third degree: that the
Interior
grants it and the
Prosecutor
's Office does not appeal it, that the prosecutor appeals it but the corresponding court validates it and, finally, that the prosecutor appeals it but that appeal remains unresolved.
The latter is the case of ETA member
Irkus Badillo Borde
, who has been in the third grade for 13 months without actually knowing if he deserved it.
Since May last year, the
Central Court of Penitentiary Surveillance
has yet to resolve the appeal of the Prosecutor's Office of the National High Court against the semi-liberty regime proposed by the
Alicante
prison and supported by the Ministry.
According to legal sources, the appeal filed by prosecutor
Carlos Bautista
has not been resolved because the court has requested new documentation.
In previous cases, the Prosecutor's Office has argued that appeals should not be resolved with elements subsequent to the appealed resolution.
Penitentiary Institutions
granted the third degree to Badillo in April 2021, while bringing him closer to the
Bilbao
prison .
He is serving 22 years in prison after being arrested in 2004 taking a van loaded with 536 kilos of explosives to Madrid.
In favor of the ETA member, Interior stated that he has served three quarters of his sentence and that "he has disassociated himself from the terrorist group and regrets the pain caused to the victims of the organization."
Badillo's is one of the four appeals against third-degree prisoners against ETA pending resolution by Judge
José Luis de Castro
.
The presentation of an appeal does not prevent the semi-liberty from being executed immediately.
Another of the beneficiaries is
Jesús Gómez Ezquerro
, who has also been in third grade for nine months without resolving the prosecutor's request to revoke semi-liberty.
At the end of last year,
Joseba Segurola Beobide
was released .
The Prosecutor's Office opposed it, but the Surveillance judge's response has still not arrived, pending, according to legal sources, new reports on the prisoner.
Criminal Chamber
The last of the appeals filed affects, for the first time, a decision of the Basque Government, which a few months ago assumed powers in Prison matters.
The Ministry of Equality and Justice proposed eight third grades.
Last March, the Prosecutor's Office opposed only one, the one that benefited
José María Arregui Erostarbe
,
Fiti
.
The historic ETA member, sentenced to more than 2,000 years for the attack on the Zaragoza barracks, waits in his house, controlled by an electronic bracelet, for the judge's decision on his appeal.
Faced with the decisions finally made by the Central Penitentiary Surveillance Court, an appeal may be filed with the
Criminal Chamber of
the Court.
All cases are assumed by the First Section.
Its composition recently changed -two of its members went to the Constitutional Court-, so the criteria it had set are once again up in the air.
Judge José Ricardo de Prada
has recently joined that court
, whom the victims accuse of always favoring the thesis of the terrorists.
In the last resolution of the Chamber, drafted by De Prada, the requirement to require that in order to access permits in prison, apologize to the victims was eliminated.
ETA member
Gorka Loran
was granted the permits initially denied, although the president of the court,
Francisco José Vieira
, finally accompanied the sentence with a vote in which he did not validate the ETA member's letter of repentance.
Even so, Loran obtained the permits, which in practice meant a change of criteria and remains uncertain as to where the penitentiary future of dozens of ETA prisoners points.
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