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European Court Rules Against Spain on Terror Sentences European Court Rules Against Spain on Terror Sentences
(about 7 hours later)
MADRID — The European Court of Human Rights ruled on Monday against a Spanish law that has allowed the Madrid government to extend the imprisonment of convicted terrorists and members of ETA, the Basque separatist group. MADRID — The European Court of Human Rights ruled Monday against a Spanish law that has allowed the Madrid government to extend the imprisonment of convicted terrorists and members of ETA, the Basque separatist group.
The court, in Strasbourg, ruled on the case of one ETA member, Inés del Río Prada, who had appealed against her prolonged prison stay. She was imprisoned in 1989 for taking part in the deadly bombing of a bus carrying police officers. The European court ordered that she be released immediately and receive 30,000 euros, or about $41,000, in damages to cover legal costs. The court, in Strasbourg, ruled on the case of an ETA member, Inés del Río Prada, who had appealed her prolonged prison stay. She was imprisoned in 1989 for taking part in the deadly bombing of a bus carrying police officers. The European court ordered that she be released immediately and receive about $41,000 in damages to cover legal costs.
The precedent set by the ruling is likely to be extended to other prisoners. While the government refused on Monday to specify how many prisoners could be involved, Jorge Fernández Díaz, Spain’s interior minister, said last year that 40 of about 500 ETA members held in Spanish prisons could claim to face a situation comparable to that of Ms. del Río Prada. The ruling is likely to be cited as precedent by other prisoners applying for early release.
Basque activists have long called for the government to show leniency toward ETA prisoners as an important good-will gesture and a step toward bringing to a close a 45-year conflict that has claimed more than 800 victims, killed by ETA in its pursuit of independence for a Basque nation. On Monday, about 500 people gathered in the center of the Basque city of Bilbao to welcome the European ruling, shouting “ETA prisoners go home.” However, the government dismissed any suggestion that it would revise its prison policies, insisted the ruling applied only to Ms. del Río Prada and said Spain’s national court had to study the ruling to determine whether she should be released. The government also said it would examine any other appeals for early release on a case-by-case basis.
However, the government dismissed on Monday any suggestion that it would revise its prison policies and dealings with ETA as a result of a ruling that it insisted applied only to Ms. del Río Prada. “The policy of the government won’t change,” Jorge Fernández Díaz, Spain’s interior minister, said in a televised news conference. “We will continue until we achieve the definite dissolution of ETA.”
“The policy of the government won’t change,” Mr. Fernández Díaz said in a televised news conference. “We will continue until we achieve the definite dissolution of ETA. While the government refused to specify how many prisoners could appeal, Mr. Fernández Díaz said last year that 40 of about 500 ETA members held in Spanish prisons could claim to face a situation comparable to that of Ms. del Río Prada.
In October 2011, ETA announced that it would end four decades of violence with “the definite cessation of its military activity.” ETA is listed as a terrorist organization by the United States and the European Union, but it has been considerably weakened in recent years after the arrests of its main leaders, to the point that the Spanish government describes ETA as almost operationally defunct. She was sentenced to 3,000 years in prison for the bus bombing, which killed 12 people. However, Spanish law effectively limits prison sentences to 30 years, which would have made her eligible for parole in 2008.
Still, Madrid has refused to consider ETA’s cease-fire as a sufficient act of surrender, saying that it would continue to hunt down ETA members, in cooperation with the French and other European security forces, until the group handed over all its weaponry. But the government kept her in prison based on a 2006 ruling by the Spanish Supreme Court allowing restrictions on parole for some inmates. That ruling applies any reduction in sentence for good behavior to the full sentence — in Ms. del Río Prada’s case, 3,000 years — rather than the 30-year limit.
Human rights experts welcomed the ruling, which follows a similar decision in July 2012 by the lower chamber of the Strasbourg court, which the Madrid government appealed. In its ruling on Monday, the European court found that Spain had breached the European Convention on Human Rights, notably by applying the 2006 precedent to Ms. del Río Prada’s sentence retroactively.
“This ruling should serve as a notice to Spain to correct continuing aberrations of justice in the name of fighting terrorism, such as incommunicado detention and limited rights of defense for terrorism suspects,” said Judith Sunderland, who covers Spain for Human Rights Watch. “Separatist violence is no excuse for the state to violate fundamental rights, which have only served to deepen grievances.” Basque activists, who have long called for the government to show leniency toward ETA prisoners as a goodwill gesture, cheered the ruling. About 500 people gathered in the center of the Basque city of Bilbao, shouting “ETA prisoners go home.”
However, addressing the news media alongside the interior minister, Justice Minister Alberto Ruiz-Gallardón deplored the ruling and the fact that the European court had decided to override the views of both the Spanish Supreme Court and its Constitutional Court. Human rights advocates also welcomed the ruling, which follows a similar decision in July 2012 by the lower chamber of the Strasbourg court, which the Madrid government appealed.
Mr. Ruiz Gallardón said it was now time for Spain’s national court to study the consequences of the European ruling, including whether Ms. del Río Prado should be released immediately, as demanded by the Strasbourg court. “This ruling should serve as a notice to Spain to correct continuing aberrations of justice in the name of fighting terrorism, such as incommunicado detention and limited rights of defense for terrorism suspects,” said Judith Sunderland, a senior researcher for Human Rights Watch. “Separatist violence is no excuse for the state to violate fundamental rights, which have only served to deepen grievances.”
Mr. Ruiz Gallardón said, “The fight against terrorism that started 40 years ago and that we have won will continue with utter firmness.” In 2011, ETA announced that it would end four decades of violence with a unilateral cease-fire. The group, which has killed more than 800 people in its pursuit of an independent Basque state, has been weakened considerably in recent years by the arrests of its main leaders, to the point that the Spanish government describes it as almost operationally defunct.
After her arrest and trial for the bus bombing, Ms. del Río Prada received a 3,000-year prison sentence. But under normal Spanish legislation that limits a prison sentence to 30 years, she would have become eligible for parole in July 2008. Still, Madrid has refused to consider ETA’s cease-fire a sufficient act of surrender, saying that it would continue to hunt down ETA members, in cooperation with the French and other European security forces, until the group handed over all its weapons.
The government ensured that she would be kept in prison based on a legal precedent stemming from a 2006 ruling by the Spanish Supreme Court that has allowed the government to restrict parole for some inmates, applying any benefits for good prison behavior to the full sentencing term rather than the 30-year limit. Addressing the news media alongside the interior minister, Justice Minister Alberto Ruiz-Gallardón said he deplored the ruling and the fact that the European court had overturned rulings of Spain’s Supreme Court and its Constitutional Court.
In its ruling on Monday, the European court found that Spain had breached the European Convention on Human Rights, notably because the precedent was applied retroactively to the sentencing of Ms. del Río Prada. Mr. Ruiz-Gallardón said Spain’s courts had to study the European ruling and would determine whether Ms. del Río Prada should be released immediately, as demanded by the Strasbourg court.
“The fight against terrorism that started 40 years ago, and which we have won, will continue with utter firmness,” he said.