Next Saturday, 11 January, the Sare citizens' network called for a new demonstration in Bilbao in defence of the rights of Basque prisoners. This is a unique opportunity to move forward on the path of coexistence in our people, after decades of violent confrontation and, even today, when its consequences are still in place.
The efforts of the Basque political and trade union majority, as well as the commitment of many people of diverse ideology to coexistence, have allowed significant steps to be taken in prison policies over the last three years.
Behind it are the policies that alienated prisoners from their places of residence, isolation cells or the execution of the sentence in the first grade until the last day. All these measures are outside the normal penitentiary policy of reinsertion and reparation that is characteristic of the rule of law. At that time, the exception was established as a rule, that is, by worsening the Law Policies.
That is why, although we will appreciate the path taken to this day, we cannot forget that in the last fourteen years without ETA the injustices have continued. Even so, the emergency laws adopted at a time that was very different from the present are still in force. For example, more than 15 prisoners have had to serve longer sentences than those imposed by the courts.
To put an end to the calculation of the penalties carried out in other countries of the European Union, especially in France, has made it possible to restore normality, which was breached ten years ago in the General Courts by means of an amendment introduced by the pp in the Senate proceedings. In fact, the amendment intended that prisoners had not made use of any benefit whatsoever.
Nothing will be given to the 52 prisoners benefiting from this legal amendment. The penalties will not be reduced. They will be subject to the absolutely logical and legal provisions, i.e. no penalty exceeding the limit provided for in article 75 of the Penal Code will be imposed on them. Let us hope that the National Court will not delay the implementation of this law, which has already caused sufficient irreversible damage.
The requirement of permanent self-criticism of people condemned for belonging or collaboration with ETA should be made to all agents in view of the minimum shared report, which is valid for the community.
The aforementioned legal modification also includes the duties for the Prison Administration of the CAPV. And that is that the new law puts many prisoners and prisoners in better legal and prison conditions. Therefore, over the years spent in jail, they should have access to third grade or parole.
We must therefore continue to take steps to put an end to emergency policies. In short, the entry into force of Organic Law 7/2003 entails the covert maintenance of the life sentence, by forcing the prisoner deprived of his liberty to serve sentences of up to 40 years in prison, as well as the serious damage that this situation causes considerably in his physical and mental health. Thus, according to medical specialists, compliance with sentences of more than twenty years in prison produces devastating and irreparable effects on the health of any inmate.
We therefore call on the CAPV Prison Administration, as we did since Sare last August, to act courageously in the management, applying the laws to all prisoners equally, without falling into the trap of external pressures or criteria of political opportunism.
The “Basque Penitentiary Model”, approved by a large majority in the Basque Parliament, should become a guide to the functioning, betting on the enforcement of sentences in semi-freedom. Compliance with penalties in this way is beneficial not only for this type of prisoners, but also for the whole of society. And, of course, when developing this penitentiary policy, the professionals of the prisons and the reports they have produced must be taken care of. In fact, it is these professionals who are best acquainted with the evolution of people deprived of their liberty.
The demand for an ordinary prison policy is compatible with the respect and protection that we owe to all victims of violence in order to achieve the Truth, Recognition, Justice and Reparation, values that have nothing to do with revenge or political use of pain. Thus, no association should condition the penitentiary policies of governments and justice.
ETA is an organisation that disappeared a few years ago, and people condemned for belonging to or cooperating with it have taken steps in favour of peace and coexistence. To those who question the honesty or veracity of the will expressed in favor of coexistence, we must remember that the Law was not conceived to save souls, but to regulate coexistence and, therefore, they have no capacity to evaluate the consciences of others.
The constant demand for self-criticism of these people should be made to all agents in view of the minimally shared story, which, in our opinion, is valid for the community. Of course, prisoners need to be self-critical, but they also need to be self-critical of those who violated their rights, those who murdered in the name of the fight against ETA, those who tortured, those who starred in stumbles or abuses of power. If we do not, we will be falsely closing a terrible chapter in our history. But today is the day when there are obvious gaps and silences in this area.
It has legitimacy to seal and close the consequences of the conflict that Basque society has experienced. Definitely! Yeah. It is time for a conventional Justice that brings peace between social and political actors, because, if not, a peace with injustice and dismemory would not be a just peace.
Arantza Aldezabal, Arantza Isasmendi, Begotxu Olaizola
Bidali zure iritzi artikuluak iritzia@argia.eus helbide elektronikora
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