Father and son Joseba Álvarez and Eñaut Álvarez are sentenced to two and a half years, and one and a half years in prison, for trying to hang a banner that he placed at the House on the eve of San Sebastián 2023, in the Plaza Nueva. Two years later, on January 29, the trial will take place in the San Sebastián court.
What happened on the eve of San Sebastián 2023?
Assisted by Eñaut Alvarez: As every year we went to the Plaza Nueva to put up a banner for the return of Basque political prisoners. In the square, the local police told us that it was forbidden to put banners. When we tried to put up the banner they attacked us, that was not enough, and they have opened a judicial process with the intention of punishing us.
Do you think the police position was justified?
About Joseba Alvarez: The facts are recorded in the legal report drafted by the police, which accuses us of the attack. If we look at the reason for the attack, according to the judicial file, we are accused of having “scratched the surface” of a finger. The finger is not twisted or broken, the local police do not report any blows. When there is only one violation in the legal report, the accusation of the attack indicates that we did not use violence.
This is established by the fact that there was a sokatira with the rope of the banner, the rope of the banner went from side to side from the square, pulling us from one side and they pulled us from the other side. It is clear that the only attack that was there was the one they made, we worked hard to put the banner, we didn’t attack them. A police assembly has been organized to punish us with this incident and remove us from the circuit. It is true that we ignored them and committed disobedience, because to put a political banner with freedom of expression you don’t have to ask permission. We admit that we resisted, but that there was no attack at all.
I'm talking about E. More places to stay in Alvarez: This is proof to me that we are dealing with a police ammunition, and it is not an isolated case. Over and over again, the local police have maintained this type of attitude in San Sebastian, at different times and with different banners and agents.
On May 18, 2023, the local police filed a complaint, did you expect?
I'm talking about E. More places to stay in Alvarez: No one was identified on the same day, and no detainees were held. They simply cut the rope from the banner and we left in complete normality. It is noted that there is an intentionality with the subsequent implementation of a process.
The judicial process lasts for a long time, how do you live it?
I'm talking about E. More places to stay in Alvarez: There is nothing new about repression in our home. We have received gestures of support and solidarity from a lot of people, which is important to not feel alone in this type of process.
According to J. More places to stay in Alvarez: What happens in San Sebastian is that there is an ordinance on the Civics. Article 42 of the ordinance clearly states that political propaganda in San Sebastian is prohibited unless you pay it. If you have money, you can buy all the streetlights of San Sebastián or the facade of Kursaal and fill them with political propaganda. But if you don't have the money, and you put up posters and banners like all popular movements, no. Therefore, there is an ordinance that prohibits political expression in writing and also prescribes punishment. All these dynamics have the purpose of suffocating the popular movements. In San Sebastián hundreds of multas have been installed on very different themes, we have received them from most social movements. What is a scandal for us is moving from the mult phase to the next, the criminal offence and the attack phase. The purpose of this is to hinder as much as possible the social and political militant work.
In the Boulevard where you called for a rally on January 17th, how do you value the participation and impact of this mobilization?
I'm talking about E. More places to stay in Alvarez: We are very happy with the mobilization because, on the one hand, a lot of people came and, on the other hand, we managed to fill the Boulevard with banners for freedom of expression. This is the most worthy answer, to point out that we will continue to organize ourselves over their borders, obstacles and cases of repression, that we will continue to put political propaganda, and fight for a different San Sebastian.
According to J. More places to stay in Alvarez: In addition, all sectors and social dynamics of the left came. Whether of an ideological nature or not, we all came together to defend freedom of expression. This unification occupied the entire arch of San Sebastián. It's a new kind of joy.
I'm talking about E. More places to stay in Alvarez: This mobilization showed that we all feel that this case is not something against Joseba and Eñaut, nor is it an isolated case. We have all been subjected to some form of repression, fines or trial for political propaganda.
According to J. More places to stay in Alvarez: What happens in our case is that in addition to an administrative fine of 750 euros, we have a high demand for jail. There seems to be a position on the part of the City Council, which may only impose a fine as has happened in other cases. We don’t know what will happen, but the intention of the City Hall and the Public Prosecutor’s Office is to demand a prison sentence. This involves a jump.
"We will not allow you to say that there was an attack."
by Joseba Alvarez
What do you expect from next week’s trial?
I'm talking about E. More places to stay in Alvarez: The one on January 29 is a preliminary hearing, that is, the prosecution and the defense come together to examine whether there is a possibility of an agreement, or whether we are going to trial. What we are very clear about is that we will not accept anything.
According to J. More places to stay in Alvarez: We will not allow ourselves to have to say that there was an attack because of this incident. If they come up with a proposal, saying they're going to lower the penalty, but we have to admit that it was an attack, we're not going to accept it. We're not going into that dynamic. They also know that it is an outrage to impose such punishment for a banner and such a confrontation. We don't know if they're going to take the punishment down or not, we'll see. If they tell us that we have to accept that we have committed disobedience, we will give them a yes, not an attack. That's part of the setup. If they don't get rid of it, there's no deal and there'll be a trial.
On the 29th of January, a meeting is called at the time of the trial, what message do you want to convey?
I'm talking about E. More places to stay in Alvarez: We will reaffirm our defense for freedom of expression, because it is not only a judicial process against us, because it is an application of political censorship that happens in San Sebastián, and with this message we will also go to court.
According to J. More places to stay in Alvarez: The fact that the City Council of Donostia-San Sebastián declares in writing that political propaganda is prohibited. You can’t ban political propaganda in an ordinance, you have to do things differently. Even less so when it can be done if you pay the money. There's democracy and freedom of speech here, if you have the money, it's an aberration. It should give the political parties of the City Hall something to think about, and they should consider adapting this municipal ordinance, or removing this political mention. It is also absurd from a democratic point of view.
Why is it important to keep moving?
I'm talking about E. More places to stay in Alvarez: Hard times will come and all the indicators prove it. Repressive forces and state apparatuses are being prepared for this purpose. We must also carry out the same exercise and prepare ourselves to continue organizing what is to come, to continue political militancy and to continue putting political propaganda in place. Because if we don’t fight, we will continue to live in a worse situation than we are.
According to J. More places to stay in Alvarez: What has changed is the way things are done, but the repression and the opposition of the left and the political line are there. I believe that the system has changed, but the initial one remains: to maintain the model of society that those with authority, power and money want to establish, and to take measures in favour of it. The daily struggle is on the streets, and the current institutional policy leaves that aside. It seems that politics changes in the institutions, and we just have to see what we live in every day.
"Because ours is not an isolated case that only happens in San Sebastian."
by Eñaut Alvarez
What should be society’s response to freedom of expression and human rights?
I'm talking about E. More places to stay in Alvarez: It’s an in-depth debate about freedom of expression, but what is clear is that it’s unacceptable to ignore leftist and revolutionary political claims in the face of other clamors while censoring them.
According to J. More places to stay in Alvarez: In addition, the context in the world is also going in the wrong direction, and Trump’s statements are proof of that. This wave is also present in Europe and is also reaching the Basque Country. To combat it, society must be activated, and society must lose its fear of doing so. If we don't say anything, they'll go ahead and the institutions won't start hitting the system.
I'm talking about E. More places to stay in Alvarez: Our commitment is to continue strengthening the fight for social, political and civil rights. We must denounce all cases of repression and participate in initiatives that are organized in solidarity. Because ours is not an isolated case that only happens in San Sebastian, and we call for the continuation of the struggle in the face of repression.