Automatically translated from Basque, translation may contain errors. More information here. Elhuyarren itzultzaile automatikoaren logoa

Report a violation of language rights to ARGIA

  • Two Ertzainas identified as 22125 and 23044 have filed a complaint in the Court of Instruction No. 2 of Donostia-San Sebastian against the journalist of ARGIA Lander Arbelaitz for recording and disseminating how linguistic rights were violated to a person on 21 May in Donostia-San Sebastián. He has been denounced in criminal proceedings for "insults" and must appear on 20 March before the Donostia-San Sebastián Court. The Ertzaintza apologized for the violation of linguistic rights in a letter signed on 27 July in the Euskalduna Palace. It is now known that the person who violated his right to language has been denounced by the Moorish Law and by the journalist who recorded and disseminated the facts.
Eskuinean ertzaina herritarrari gaztelaniaz identifikatzeko esanez, eta komisaldegira eramango zuela mehatxu egiten. (Irudia: ARGIA)

05 February 2019 - 12:00

The ARGIA journalist videotaped the violation of linguistic rights in Basque and hung it on the net. The video had thousands of visits and boasted in the Basque community. The Basque Government's Observatory for Linguistic Rights lodged a complaint concerning the violation of language rights by the Ertzainas. At the end of July, the Basque Government’s Department of Security acknowledged that it violated citizens’ linguistic rights. Next, the full letter and some passages highlighted to the right. In this link, the PDF document is of good quality.

Request for forgiveness addressed to the Basque Government's Observatory on Linguistic Rights.
Witness of a violation of rights

Two Ertzainas have filed a complaint against ARGIA journalist Lander Arbelaitz, who has been arrested for shooting. The complaint tells the judge that nobody was identified that day for speaking or asking to speak in Euskera, but for "hindering the work of the Ertzaintza". On 21 May, and as you can see in the video, the Ertzaintza did not provide any reason to identify this person, even though many neighbors in the area asked for the reason.

In the complaint, the Ertzaintza states that they identified those responsible for the concentration that they had not reported. In the videos introduced by ARGIA (below the article) it can be seen that those responsible for the Ertzaintza have already identified those responsible and that the linguistic conflict occurred subsequently. Thus, the person identified then and now fined is the one who spoke in Basque and asked the Ertzainas to speak to him in Basque. At that time, he was almost arrested for claiming the right to identification in Euskera, according to the same source.

In the video, the Ertzainas respond to the citizen who speaks to them in Basque with the following phrases: “You already understand me in Spanish” or “I don’t care if you identify yourself in Basque, no problem, or I identify you here or I identify you on the basis”. “I ask as a citizen to ask me in Basque and I will identify myself,” the citizen replied and the Ertzaina added: “You’re ready for me.”

They threatened to take him to the police station – the “first warning” – but in the end another Ertzaina asked him to identify in Euskera and then he gave him the identity card. Then, the ertzaina who has worked in Basque gave the identity card to the person who spoke exclusively in Spanish. And he told the identified person again, “You gave me a gift.”

Context: In the week of Donostia's social struggles

The ERNAI press conference was one of the most important in the week of social protests. To denounce the Donostia-San Sebastian tourist resort, they made an appearance at the hotel door that they were building on Elkano Street. Like most initiatives this week, the appearance on the street to denounce the actions of the institutions without asking for permission. ARGIA was one of the journalists who attended the press conference to publicize the press conference.

An Ertzaintza patrol arrived in the area when the events had already begun. The hearing lasted five minutes. At the end, the Ertzaines identified those who spoke and at that time at least one person was identified. According to ARGIA, this person was also applied the Moorish Law for making a press conference on the street without communicating.

When the agents began to carry out the identifications, numerous journalists and citizens in the immediate vicinity began to record the situation. The Ertzainas also began to identify those who started recording with the phone, and some of them on more than one occasion. They collected people's identity documents, they formed a circle, and they held up a number of people who had appeared at the center. It was 17:00 in the afternoon and the Ertzaintza began gathering more and more people nearby, recording what was happening with more cameras, so the Ertzaines continued to identify more and more people, further stressing the environment.

The five-minute press conference identification operation lasted for about 20 minutes.

ARGIA Videos

The two videos below are recorded by ARGIA that day. In the first one, it can be observed that the suspects responsible for the press conference are identified in the center, and that in addition to these people they also identified many others who were recording, some on several occasions.

The second video starts recording a few minutes after finishing the first one. The Ertzainas have denounced that they have not identified the journalist for the Basque country, but for the identification of the organizers of the march. After 35 seconds, a person tells the Ertzaines that it is “enough”, that they have already identified it and that they have their ID.

Contradictions of the Ertzaintza

- The Ertzaintza officially apologized in July for not respecting language rights. However, two Ertzainas who have denounced ARGIA have denied that they would apologize to the two defendants.

- Despite the fact that the Ertzaintza has acknowledged that it has violated linguistic rights, the journalist who documented the facts has been denounced and the person who violated his linguistic rights has been sanctioned by the Moorish Law.

- The fine and the complaint against ARGIA are due to a dispute with public officials for speaking in Basque and for asking for a relationship in Basque. The Ertzaintza has indicated that those responsible for the press conference were being identified. They had been identified from the very beginning, as seen in the video, for example. The identification of the person who has been condemned by the Moorish Law came after a linguistic conflict, although it was now argued that "it made the work of the Ertzaines difficult". The Ertzainas refer to insults against them, but this is an interpretation of the situation that the journalist had before his eyes at the time. Interpreting identification as a result of a linguistic conflict is entirely reasonable, and video is the main proof of this.

Although in daily life these violations of linguistic rights often occur to Euskaldunes, they are rarely documented. And, therefore, very few are reported, let alone those who get an institution to apologize to them. That's why it's important to publish this public interest video.

If you also want to support independent journalism from ARGIA and be part of the community, we will serve you with open arms.


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