Iñigo Cabacas Liceranzu was murdered by a Ertzaintza pelotazo on 5 April 2012 and, after six and a half years in prison, trial has been opened for this case. The first session of the trial began with the statements of the six Ertzaines charged with “murder for serious recklessness” on 15 October and since then have passed through the Bilbao Court of Justice numerous witnesses (agents of the Ertzaintza, street people and health workers who served Cabacas, among others). At the fourteen sessions in which he will take part in the trial, more than 100 persons will be declared in total and the experts will take the floor from Tuesday, 6 November.

By the time the third of the trial was held, two contradictory versions had been presented: that of the witnesses and that of the majority of the prosecuted agents who participated in the operation of the Ertzaintza that caused the death of Cabacas. The versions of several citizens declared as witnesses say that there were no facts justifying the police aggression, that the Ertzaines started the load without warning, that they shot in front and “hit”, that after hurting Cabacas the agents did not listen to the people’s requests for ambulances and that violence was used against the people who had approached in search of help. The imputed Ertzaines, for their part, assured that the operational police was "correct and adequate" and that it was "the only way to take control" before a multitude of people.

However, the former agent who served as an officer in the operation of that night in which he was injured, Cabacas departed from the main version provided by the majority of the Ertzainas and assured that, although he was not in favour of entering the square, he followed the instructions of UGARTEK, chief of operations at the headquarters of Deusto, Bilbao. According to this witness, despite acting as an officer in the operation, he could understand that the responsibility for the events lay with his superiors. Since the declaration of this former ertzaina, the other agents and senior officials of the Ertzaintza have used the strategy to attribute responsibility for the facts to this agent.

Agreed testimony

On the sixth day of the trial held on 24 October, the testimony of an agent who was making statements reinforcing the version defended by the majority of the Ertzainas turned the question of the particular accusation. When asked whether he had met with lawyers from the Basque Government or with officials from the Ertzaintza to prepare the testimony, the agent replied in the affirmative and terminated the statement.

Despite this testimony, the Ertzainas who have gone through the court have maintained their initial strategy at the next sessions, holding the operational responsibility officer responsible. In addition, the lawyer of the accused Ertzainas has launched another strategy that prevents the determination of the responsibility of the agents in police action. At the 8th meeting on 30 October, for example, on 5 April 2012 several agents travelling in the same van stated that they had nothing to do with the death of Cabacas. According to the journalist of Berria Gotzon Hermosilla, who follows the case, “the lawyers of the accused Ertzaines are trying to show that the agents of other vans also intervened in the alley next to María Díaz de Haro Street, which would make it difficult for the Ertzainas who defend them, but so far they have not been very successful.”

Cleaning of brushes and tests

At the 9th meeting of 31 October, before giving way to the statements of the experts, one of the last Ertzainas testified witnesses insisted that the responsibility for what had happened was the responsibility of the operational officer. This witness accused the agent, who was locally responsible, of having acted incorrectly.

At the same meeting, Raúl Otaola, head of the Deusto police station, also declared that he had not given the order not to clean the slabs used in the operation. He said he did not know that the wounds of Cabacas were "so serious" and added that he did not think that the non-cleaning of the scopies could help clarify the case. In addition, he said that he “did not know for sure” if an investigation had been opened into the case.

Scale of responsibilities and impunity for senior officials

The Cabacas family and the Justice platform for Iñigo Cabacas have from the very beginning denounced that not all those responsible for the murder will sit in the dock of the defendants, such as the ertzaina UGARTEKO, who was in charge of the police operation. In this regard, attorney Laia Serra, who has come from the Catalan countries to serve as an observer, stressed that there is a scale of responsibility in the Ertzaintza. The News collects its statements: “This judgment cannot become a matter of knowing who pulled the shotgun. There are staggered responsibilities here, and general policemen have organic responsibility. Its mission is to avoid lethal or harmful effects. This variable needs all our attention and we hope that the courts will also take it into account.”

The Ertzainas Erne Union, for its part, has put in the spotlight a note that has made public its position of “political and police leadership”. In the union’s words, “the main actors are rarely coordinating events” and has asked the following question: “And now, who is going to sit on the bench the real managers?”

Mobilisations

In the final straight of the trial, the Justizia Iñigorentzat platform has made more calls for mobilization. On Wednesday, November 7, they convened a repulse rally at 09:00 hours in front of the National Audience. The programme will be attended by a monitor from Scotland, John Finnie. On Thursday, 8 November, a demonstration will be held at 19:30 a.m. from the Kirruli bar in Indautxu to the Court of Justice.