"They say that the organizers of the initiative were being identified and that I put myself between the agents and the organizers, hindering their activity," said Eneka Álvarez, sanctioned to Argia. He says it is a lie, as the video shows how another member of the Police tells the police that they have already identified those responsible.
The initiative took place during the week of the social struggles La Vida Es Mayor. Among the actions carried out by the social partners, ERNAI held a press conference against the tourist in front of a hotel that was about to open. At the end of the march, a Ertzaintza patrol approached the area to identify those who first intervened in the press conference. The pulse was immediately formed and the agents proceeded to identify the citizens and journalists who were in the area.
There was the member of the youth organization who received the sanction. The arrested man asked the Ertzainas to speak in Basque and the agents asked him to identify, in Spanish. ARGIA journalist Lander Arbelaitz picked up the moment in a video:
The incident led to a complaint by the Basque Government’s Observatory on Linguistic Rights, to which the Basque Government’s Department of Security formally replied. In the video, the Head of the Ertzaintza assured that the rights of citizens were not respected and that the agents had asked for forgiveness.
A few months later, the Ertzaintza sent a formal letter to the Observatory on Linguistic Rights expressing its apology for not being able to exercise the linguistic rights of citizenship: “The head of the Ertzain-etxea de San Sebastian has expressly determined that the rights of the citizens that appear in the video were not respected, to relate in Basque with the acting agents, despite what happened in a tense police action and at the end one of the agents went to Basque”.
Later, the head of the Ertzain-etxea stated that the agents had apologized: “The Ertzainas who intervened in the activity and the command panel of the unit have been informed of what good practice is and we have been specifically asked to convey their apologies for their part.”
The Centre pointed out that this was a step in the right direction, but that the citizens deserve the guarantee of their rights beyond their recognition. The Observatory congratulated the empowered Basques and invited them to continue along that path.
ERNAI de Donostia-San Sebastian has stated that his apologies have been "laughed in the face" for the fine they have received with the Moorish Law eight months later.
Observatory: "It's absolutely unfair."
ARGIA has contacted the Observatory on Linguistic Rights and has offered a first rapid assessment from Garbiñe Petria. "It makes us absolutely amazing. Will a fine of EUR 600 be imposed on citizens who have suffered infringements of language rights? A letter sent at the time by the Ertzaintza indicated that linguistic rights had not been respected and that they had given "good practice" to the Ertzainas who participated in this altercation. Is this good practice?
The Centre has said that they will study legally what can be done to put an end to the fine imposed by the British Police. "This can't stay that way."
On social networks the letter sent by the Ertzaintza has been hung on the internet.
"... THE SCOREBOARD HAS BEEN INFORMED OF GOOD PRACTICE AND HAS BEEN EXPRESSLY REQUESTED BY US FOR ITS PART". Is it GOOD PRACTICE to recognize a violation of rights and fine with 600€? #We will look at the way to deal with this injustice. pic.twitter.com/EdwAxtYFSD
— Words. Ped. Observatory (@behatokia) 28 January 2019
Nine years ago, pending the adoption of the Mordaza Law, the Council of Europe itself said that the law was going to be “disproportionate” and its “great concern”. “This law is a reactionary and conservative absurdity to criminalize street protest and criticism,”... [+]