Last Saturday, 21 October, the new dynamic of Sare was presented in Gernika: "Solution Keys."
In this presentation, the civil society, represented by people from different cultural, university, sports fields, etc., who spoke of the diversity of Basque society, gave voice to the demand for another penitentiary policy. This other penitentiary policy requires above all humanity, as stated by magistrates Martín Pallin or Garbiñe Biurrun, former presidents Garaikoetxea and Ibarretxe, and the victims of the most diverse violence (Rosa Lluch, Rosa Rodero or Unai Romano). It also requires that sanctions be brought into line with arrangements other than those currently in force. In these forms provided for in the penitentiary legislation, parole or semi-freedom does not mean that the sentence has been fully complied with, but that it can be complied with in its various forms since the application of the third degree of imprisonment.
A few days ago, two years ago, when prison competition was transferred to the Basque Government, we published our assessment within the Network, from hope. Knowing that the National Hearing and the Public Prosecutor’s Office are constantly appealing to the decisions agreed by the Courts of Justice of the High Courts of Justice and the Basque Government, we did so in that spirit, because we see possibilities to move towards a just solution to the problem of prisoners. Without forgetting, of course, the need for equitable treatment for all victims of all violence in the Basque Country. Because solving these two problems will help us to move forward as a Basque society, which will ultimately lead us to reach agreements between the different of us who are so obliged and to make commitments against any violation of rights, Human Rights.
There is no justification for maintaining the legal exception and, therefore, to put an end to it, we are relaunching the firm commitment made by the political, trade union and social partners.
In Gernika we recall, despite the difficulties, especially judicial ones, that prison policy has evolved positively in the last three years. The policy of alienation has come to an end and at this new stage, Basque prisoners have left the first grade behind. Now all prisoners are in second grade, although the unjustifiable decisions of the National Court prevent them from moving normally from second to third.
We have just begun this new stage. Difficult, complicated, but certainly fundamental to consolidate our coexistence.
There is no justification for maintaining the legal exception and, therefore, to put an end to it, we are relaunching the firm commitment made by the political, trade union and social partners.
The fact that the Public Prosecutor ' s Office has appealed 75 per cent of the grade progressions proposed by the Territorial Courts and ratified by the Community Prison Administration is not only a problem that directly affects Basque prisoners, but also the Government itself, which is constantly resorting to the decisions taken by prison professionals, who are best acquainted with the development of these prisoners.
As a result, these prisoners experience the evolution of their prison situation under severe stress, as judicial decisions issued by the competent court of the National Court are often resolved far from the legal criteria applicable to prisons. This undoubtedly causes enormous damage to the minds of prisoners.
The National Hearing, more than four hundred kilometres away, continues to exercise a special jurisdiction that emerged at a given moment and context in which the current situation has surpassed, without any legal consideration, refusing to accept the new reality and twisting the law to apply a version of the right that does not contemplate the principle of inclusion.
We have said it many times, but we repeat it again today, we are not asking for privileges for anyone. No. We demand legality. The same legality applies to any other prisoner of thousands of existing prisoners.
In a democracy, prisoners have rights on their way to serve their sentences, and if they are denied, they are denied democracy itself. Recognition and promotion of their rights is not against victims
The abolition of "Enemy Criminal Law", focusing on the lack of rights, and the return to criminal and penitentiary law of citizens, is nothing more than the recognition of the indivisibility and universality of all human rights. We must return to democratic coexistence, without unjustifiable discrimination or double standards.
We are talking about prisoners who have been in prison for many years. Some, over 30 years. We are talking about prisoners who have served more than one part of the sentences a long time ago and there is no law that says that they cannot serve the sentence otherwise, outside the walls of the prison.
So, "Solution Keys." We have to have the key. Solution keys. The Basque society itself must be, through its political and judicial institutions, the main participant who designs the return of these prisoners to their homes. The aim is to put an end to the exemptions and, in application of the ordinary prison policy, to open that path back home after decades of imprisonment.
We mentioned it at the beginning of this article. This claim is compatible with respect for all victims of the various violence suffered.
We want to tell all of these victims that we are aware of their pain, that we feel their pain and that we share it with them. We want to reaffirm the defence of human rights and we ask them to make an effort to understand our defence of all rights. Because the violation of rights implies the continuity of the violations experienced, through an infinite chain of consequences, because the sanctions they have already complied with are not met. In a democracy, prisoners have rights on their way to serve their sentences, and if they are denied, they are denied democracy itself. The recognition and promotion of their rights is not against the victims. This opposition between prisoners and victims is a fallacy that has managed to entrench an extreme view of politics but has no place at the time of normalised coexistence. We understand the pain of the victims. How can we not understand it! And we don't want to increase that pain with our action. Our only objective is to defend the fundamental rights of Basque prisoners, without other objectives or political approaches.
Repair keys. That will be the demand that thousands of Basques will again make on the streets of Bilbao on 13 January.
Joseba Azkarraga and Bego Atxa, spokespersons for the Citizen's Network
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