On Tuesday morning, the Spanish Minister of Justice, Pilar Llop, asked for "absolute rest", claiming that the State Attorney was analyzing the situation. In any event, the Court of Strasbourg's ruling on the Bateragune case was considered "very serious". In the afternoon it was learned that Spain, through the State Attorney, is going to appeal the decision of the European Court of Human Rights.

The Spanish Government has joined the AVT’s request and pressure on tax fraud. The association has warned that the ruling in favour of Atristain could affect dozens of prisoners more than half. That is what EH Bildu also coincides with. Following the release of Atristain, the coalition stated that the sentence should have an "analogical application", as it affects several Basque prisoners.

Lack of value of self-blame during the incommunicado period

Xabier Atristain of the Civil Guard was arrested and held incommunicado by the Civil Guard in 2010. In 2013, the National High Court sentenced him to 17 years in jail for a homicide crime. In January 2022, Strasbourg concluded that Atristain did not have a “fair and equitable” process: he could not be with his trusted lawyers during the period of incommunicado detention, during which he acknowledged the guilt of several facts and crimes, which were the basis for his conviction.

Conclusions not clarified

The Strasbourg judgment could affect several Basque prisoners sentenced under similar conditions. Not only that. Last March, the National Court acquitted Gorka Palacios as proof that he did not accept the statements made during the period of incommunication, in the light of the Strasbourg judgment. It will now be necessary to see whether or not the European Court accepts Spain’s appeal, a decision taken by the court unanimously. If adopted, the effects of the judgment would be prolonged for months, until the court could issue a new judgment.