The Spanish Government denied aid to relatives of ETA prisoners who died as a result of the dirty war of the Spanish State. But the deceased were never tried or convicted as terrorists for alleged crimes committed. Thus, the relatives of the ten victims of the GAL and BVE moved to Strasbourg, as this decision called into question their principle of innocence.

The European Court of Human Rights has rejected the complaint that Spain does not violate the European Convention by refusing compensation. However, Strasbourg has not pronounced itself in deciding whether these victims have the right to be compensated or not for the moral damage suffered.

Spain has resorted to the victims' law of 2011 to refuse aid, which obliges the State not to compensate members or relatives who have participated in the terrorist organisation. However, among the victims who have lodged a complaint in Strasbourg there is no one who has been tried for membership of ETA.

Before going to Europe, the case was discussed in the Constitutional Court and two of the judges of the court gave a particular vote, as in their opinion it was not proven that the victims were ETA members or not.