There are victims of torture. What about the authors?
This year marks the 51st anniversary of the United Nations proclamation of International Human Rights Day on 10 December. This date has become important in Euskal Herria and the Human Rights Observatory of Euskal Herria wants to offer some elements of reflection.
Progress on the rights of victims of torture must be highlighted on this international day. Since ETA announced the cessation of violent activity, incommunicado arrests, in application of the anti-terrorist law in police operations, as well as torture itself, have gradually disappeared. It is therefore noted that torture was a practice closely related to these measures and policies.
The first steps towards the recognition of these victims were taken by the Basque Institute of Criminology (IVAC), through a report endorsed by the Istanbul Protocol. According to this report, 4,311 people were tortured in the Basque Autonomous Community and 1,068 in the Foral Community of Navarra between 1960 and 2014. It shows, of course, the enormous dimension of this practice in its crude, taking into account our entire population. These numbers attracted the attention of the CAT (Committee Against Torture) in the last study conducted in the Kingdom of Spain in July 2023 at the UN headquarters in Geneva. The Commission then asked the Spanish Government to investigate these cases, but to date no steps have been taken in this direction. Similarly, the jurisprudence of the Court of Human Rights has established systematic investigative inactivity in cases of torture with anti-terrorist incommunication. In 11 cases, the European Supreme Court has already condemned Spain for not investigating allegations of torture, and this has been done by applying a systematic model. Not to investigate and, on many occasions, to legitimize and praise the very serious violations of human rights attributable to the State.
Detention under incommunicado detention is still valid as a necessary premise for possible torture, not repealing Article 509 of the Spanish Criminal Procedure Act that regulates it.
It is noteworthy that the Spanish State is absolutely stuck on this issue, if it is still more taken into account that it is the main perpetrator. For its part, the institutions of the CAV and Navarra have approved in recent years the following laws: Law 12/2016, of 28 July, of recognition and reparation of victims of human rights violations in the context of politically motivated violence in the Autonomous Community of the Basque Country between 1978 and 1999, and Law 16/2019, of 26 March, of recognition and reparation of victims derived from politically motivated acts provoked by far-right groups or public officials, are already giving their first recognition, a total of 461 currently.
The last 93 statements were made in October by the Basque Commission and victims of various kinds were recognized: tortured, killed by the Civil Guard or the Spanish National Police, killed or seriously injured by the GAL, the Spanish Basque Battalion or other para-police groups. One of them was the case of José María Larretxea Goñi, who in 1983 suffered an attempted kidnapping and serious injuries, and was sentenced to prison. The kidnapping was ordered by former Spanish minister José Barrionuevo, who recognized it in an interview offered to the newspaper El País. Or Gurutze Iantzi, killed in the Civil Guard police station, a few hours after his arrest and incommunicado detention. The official explanation was "natural death" in the latter case. As has happened in other cases.
Victims are getting recognition, but we cannot reveal their right to truth. A right to truth that protects not only the victim, but the whole of society. Where are the perpetrators? Where are the copyrighted materials? Where is the last person responsible? Victims cannot pursue their perpetrators because they go unpunished when they are not rewarded or promoted.
In addition, however, detention in solitary confinement, which has been demonstrated as a necessary premise for torture to be possible, is still in force, since Article 509 of the Spanish Criminal Procedure Law that regulates it is not repealed.
The progress is there, but it is necessary to put an end to the false stories that justified and legitimized the crimes against the victims of state violence, to put an end to the official versions hidden in reports and files that now have secrets and have to see the light. Work must be done to ensure that this sense of the statements is not stopped and updated and adapted, and, as requested by the Valuation Committee itself, to open a new deadline for requesting declarations, including cases of violence since 1999.
The Human Rights Observatory was established as a "social prosecutor" to serve the victims of the State from the premise of the right of all victims to truth, reparation and justice.
Iratxe Urizar and Agus Hernan Ehatokia -
Basque Country Human Rights Observatory
Bidali zure iritzi artikuluak iritzia@argia.eus helbide elektronikora
ARGIAk ez du zertan bat etorri artikuluen edukiarekin. Idatzien gehienezko luzera 4.500 karakterekoa da (espazioak barne). Idazkera aldetik gutxieneko zuzentasun bat beharrezkoa da: batetik, ARGIAk ezin du hartu zuzenketa sakona egiteko lanik; bestetik, egitekotan edukia nahi gabe aldatzeko arriskua dago. ARGIAk azaleko zuzenketak edo moldaketak egingo dizkie artikuluei, behar izanez gero.
To be honest, I don't know why I'm writing this. In today’s hostile environment, opinions of this kind are not well received. Perhaps LUZ will not publish this because it does not correspond to the opinions they have published so far (but if they have finally decided to publish... [+]
On January 15, the techno-business lobby called Cedarios presented its 6th report, Euskadi and the European Union, the shared destiny of prosperity and competitiveness. This neoliberal Think Tank, made up of eminent experts drawn from the world of finance, presented a magical... [+]
We Basques move our feet behind the witness of Korrika to proclaim that we want to survive as a Basque people in favor of our language, with the aim of the Basque Country we desire.
The tipi-tapa is the first step taken by a migrant person who leaves his homeland in Africa,... [+]
And for another year, the unions have organized prefabricated strikes for us. And we, individually, will decide whether or not to join the strike, without the need for any assembly at the school.
The strike model that I was taught is no longer in vogue, it seems. In my... [+]
Today, January 21, is a day to remember and reflect on an interesting ephemeris of our recent history. It is 50 years since the lockdown of 47 workers from Potase in Navarre. This lockdown, which lasted fifteen days, caused a general strike in Navarre, the Department of the... [+]
A couple of weeks ago, a number of data from Norway was published. In this country of Northern Europe electric cars have predominated, being the Tesla brand the most sold, with 90% of recyclable energy consumed there. On the contrary, Norwegian public enterprises have no problem... [+]
.jpg)
These were my last words when we left, held hand in your deep breathing sleep. Your heart stayed forever without a special, simple, dignified pain. As you want and demand. How we want and respect.
Already a month before the arrival of winter, the last days of the longest night,... [+]
Today, the voices of women and children remain within a culture that delegitimizes their voices, silencing their experiences, within a system aimed at minimizing or ignoring their basic rights and needs. A media example of this problem is the case of Juana Rivas, but her story... [+]
On Tuesday, the sentence was released against five young people from Lapurdi, convicted of belonging to Segi. Fifteen months in prison for reversal to two young people, with a fine of EUR 500 each; 140 hours of forced labour and EUR 500 fine to two other young people; and,... [+]
The other day, as I was walking through the famous television series The Wire, there came a scene that reminded me of despair. There, the management of the newspaper The Baltimore Sun brought together the workers and alerted them to the changes that are coming, i.e. redundancies... [+]
The consumerist culture we live in sends every user to an unreasonable enjoyment. As Slavoj Zize says, Enjoy your fetish, it has become the rude mandate of hypermodernity. Current enjoyment is carried out through existing technological devices to occupy the place of fetish. But... [+]
A ghost crosses the kitchens: The ghosts of Carlos.
Karlos has not been presented to the Master Chef Celebrity. After analyzing its culinary heritage, it is very clear that it will not overcome the selection of its opponents. In fact, the Academy of Gastronomy and the media... [+]
The achievement of the Euskadi Selection has undoubtedly been a historic achievement. But if you stick to that, for many Basques – I too, because I am Navarro – it will be the darkest and saddest day. After enjoying the joy and warmth of the first few days, let's go back to... [+]
Hearing and language teachers (PDI) and speech therapists are specialist teachers who work in both the public and the concerted school. Among its functions is the direct attention to students with language and communication difficulties, but also the establishment of incremental... [+]