- Atristain left Martutene prison in February, when the European Court of Human Rights ruled that he had not had “a fair and equitable trial”. The Court does not accept the action brought by Spain and the decision is therefore final.
In January, the European Court of Human Rights in Strasbourg ruled on the violation of the rights of former President Xabier Atristain: When he was arrested on charges of being a member of ETA, he was not able to have a trusted lawyer, he was held incommunicado, and the self-inculcates during the period of incommunicado were the basis for his subsequent conviction in the trial. Following Atristain's incommunicado, he denounced the torture.
On the arrival of the Strasbourg judgment, the Spanish Supreme Court ordered the release of the Basque prisoner, who was released on 17 February, subject to conditions. The Spanish Government filed an appeal in Strasbourg, but now the Court of Human Rights has rejected Spain’s request and the decision is strong.
Etxerat recalls that the case of Atristain is not the only one: “Hundreds of Basque prisoners, our family members, self-charged under incommunication and torture, who had not had a trusted lawyer in detention. We ask for the freedom of all our family prisoners.”