- The European Court of Human Rights (ECHR) has today ruled that in the tribute to José Miguel Beñaran Argala in 2008 there was no flurry of terrorism. For these reasons, the National Court sentenced Tasio Erkizia, former leader of Batasuna, to one year ' s imprisonment and seven years ' imprisonment. The Spanish State has been condemned to pay EUR 6,000 for material damage to Erkizia and another EUR 5,000 for costs and expenses.
Europe has stated that there was no direct link between Erkizia’s speech that day and the promotion of violence and that it also conveyed the message of achieving the objectives of the Abertzale left by democratic means, as we read in ElDiari. The Strasbourg judgment has therefore also stated that Erkizia’s freedom of expression was violated.
The National High Court condemned Tasio Erkizia as the lead rapporteur for an event held in December 2008 in the Biscayan town of Arrigorriaga. On that day the Abertzale left honoured the historic leader of ETA José Miguel Beñaran Argala, killed by the Spanish Basque Battalion 30 years ago.
In his speech, Erkizia asked for reflection "on the most appropriate path to choose, that more harm should be done to the State and that it should lead this country to a new democratic scenario". They also condemned him for having finished his speech by saying "Gora Euskal Herria Askatuta", "Gora Euskal Herria euskalduna" and "Gora Argala".
In 2016, the Spanish Constitutional Court upheld Erkizia’s conviction for a crime of “enalteining terrorism,” the Basque newspaper reported.
In 2021, the European Court of Human Rights (ECHR) decided on the opposite of what the Spanish courts ruled. In other words, he said that Erkizia’s statements took place in a very tense political and social situation in which civil society has no place. "Although the plaintiff was the main speaker to pay tribute and praise to a well-known member of the terrorist organization ETA, his speech did not directly or indirectly extol the use and armed resistance of violence," he added.