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INPRIMATU
The Department of Security has not given Ararteko the content of the investigation into the death of a prisoner in Zaballa
  • After the death of a prisoner of Zaballa at the Hospital of Vitoria, in 2020 Salhaketa Araba asked Ararteko for protection to clarify the death. The latter informs them in December that the investigation of the case has been filed and that the Department of Security has not delivered all the contents of the investigation. It has also not been provided with documentation on police intervention.
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On 6 April 2020, G.B. 67 years old, he was in prison in Zaballa. He was taken to the Hospital Santiago de Vitoria for surgery. After being admitted, the prisoner was assaulted by the policemen guarding him, as he faced a nurse, according to the Ertzaintza. Consequently, according to the Salhaketa Araba association, there was a clash between the Ertzainas and the prisoner, and the police beatings caused injury to the person imprisoned, as stated in the report of the Basque Government of 18 May 2020, according to the association. He died two days later, on 8 April, in the hospital and without surgery.

Salhaketa Araba wanted to clarify the details of G.B.'s hospital stay, but could not contrast the information "In the silence of the Hospital of Vitoria, the Court of Instruction and the media". After unsuccessfully consulting the Prosecutor’s Office and through the EH Bildu coalition to the Security Council, Estefanía Beltrán de Heredia, the association went to Ararteko, Manu Lezertua, asking for his support to clarify the facts. "This institution asked the Basque Government's Department of Security for information on April 29, 2020 and issued a series of recommendations to investigate the death of the prisoner under police surveillance," they report. However, in December the Ararteko informed the association of the closure of the investigation.

In the notification message of the case file, Ararteko rejected that the Department of Security had not provided all the contents of the investigation undertaken in connection with the death. This information is necessary to verify that the research has been conducted in accordance with the guidelines recommended by Ararteko and international requirements. Documents relating to police intervention have also not been provided to Ararteko, even if requested. Thus, it has not been able to make an assessment, nor to ensure that mechanisms have been established to comply with Ararteko General Recommendation 7/2011.

The Ombudsman has pointed out that a lack of response or a lack of response to disputes of interest to him is an obstacle to the exercise of his legal duties and that, in turn, it seriously undermines the rights of persons attending Ararteko.

Along the same lines, Salhaketa Araba denounces that the Department of Security has had "bad practices" with the Ararteko. In addition, she warns that the activity of Ertzaintza may not have been adequately controlled.