The draft judgment of the Spanish Constitutional Court opposes the repetition of the Bateragune case
- Judge Juan Carlos Campo says that repetition would violate the non bis in idem principle, as anticipated by news agencies. The draft will be discussed in the plenary next week and is expected to be approved by the ‘progressive majority’.
In October 2021, the Constitutional must pronounce in response to the appeal filed by the defense of Arnaldo Otegi, Arkaitz Rodríguez, Sonia Jacinto, Miren Zabaleta and Rafa Díez. Efe and Europa Press agencies advance the content of Judge Don Carlos Campo’s draft judgment. According to the agencies, the judge has given several reasons not to repeat the trial. On the one hand, the European Court of Human Rights in Strasbourg, when it ruled that the prisoners had not had a fair trial, determined that the repetition of the case could only be requested by the defendants. Moreover, the reiteration would violate the legal principle non bis in idem (a person cannot be tried twice for the same reason). Finally, the defendants served the full sentence imposed by the Spanish Supreme Court.
Next week the Constitutional plenary will meet, and according to news agencies, the draft can be approved thanks to the support of the ‘progressive majority’.
Suffering 14 years
The Bateragune case originated in October 2009, when the Spanish police arrested Rufi Etxeberria, Txelui Moreno, Amaia Esnal, Mañel Serra, Ainara Oiz, Sonia Jacinto, Arkaitz Rodríguez, Miren Zabaleta, Arnaldo Otegi and Rafa Díez. The last five were imprisoned by Judge Baltasar garzón. In 2011 the Spanish National Court sentenced Sonia Jacinto, Arkaitz Rodríguez, Miren Zabaleta, Arnaldo Otegi and Rafa Díez to a prison sentence accused of attempting to rebuild the Union within ETA’s strategy. The remaining defendants were found innocent. In 2012 the Supreme confirms the sanction. In 2018 Strasbourg, in response to the defendants’ appeal, decided that the trial was not fair. By then, all the defendants were on the street, serving the entire sentence. In 2020 the Supreme unanimously decided to repeat the trial, with a favorable attitude towards the prosecution. The Defence filed an application for amparo before the Constitutional Court, which decided not to repeat the trial until the appeal was examined. The Constitutional Court will issue a judgment the following week.
