CARMEN GISASOLA was the first Basque prey to be released after the entry into force in Spain of the European Union rules on the enforcement of prison sentences. The National Hearing was released on 24 November following the 10 years it served in France.

Ten days later, they left the prisons of Alicante II and Texeiro Santi Arrospide and Alberto Plazaola, respectively. Sona has not been like the Parot doctrine in Spain, but the media brunete has missed no opportunity and the Spanish Government has already taken a law – on 12 November – to ensure that the European Union’s criminal rule is not complied with.

As usual, in these cases there is a great nexus, both between the administration of justice and the executive, and within the judiciary. They disagree in the National Hearing: The First Section of the Criminal Chamber has decided to release these two prisoners, after considering the sentence passed in France in the new computation of years in prison. However, a jury of the Second Section decided otherwise in recounting the years of imprisonment of the prisoner Iñaki Bilbao.

Section 1 considers that its judgment complied with the standard adopted by the European Union in 2008. According to him, the penalties for crimes of the same nature must be added to the EU, even if they are tried in different states. In other words, the prisoner who has served a 10-year sentence for being from ETA in France, where he is a member of the band, would then have to remove him from his sentence in Spain.

In other words, more and more legislation is being added to the EU and the regulation on prisoners is being added. However, the measure was approved in 2008 and its first conclusion comes six years later. The measure would shortly affect almost sixty more persons, had the National Hearing approved it in its entirety, had it been approved by the pp himself. But no. Europe must comply with the orders of the Central Bank and Merkel, but not with the rules restricting penalties to Basque prisoners.

The judgment in the second section stated that we had to wait to see how Spanish legislation was being developed to see how the European standard was being applied. The new Spanish Law 7/2014 establishes that the penalties imposed by the courts of other states before August 15, 2010 will not be taken into account for the application of this rule. Thus, the European measure would not affect dozens of Basque prisoners, as the penalties imposed in France on these prisoners are before 2010.

The Prosecutor’s Office of the National Court has also appealed against the First Section decision and has relied on a ruling handed down in 2002 by the Supreme Court which annulled the application of penalties from other States in order to reduce the sentence of Spain.

But the EU rule ordering the accumulation of sentences came into force in 2008 and recently, the Spanish Supreme Court has ruled very differently in response to the request of the prisoner Joseba Urrusolo Sistiaga. The prisoner of Lesaka of Via Nanclares was the first prisoner to apply for the European standard and was sentenced to prison. The truth is that the Supreme replied that there was no disadvantage in taking into account the sentence passed in France also in Spain.

Now, the Supreme Court will have to resolve the appeal of the Prosecutor ' s Office and the contradictory judgments of the two sections of the National Court. Now, moreover, it has a legal drawback, the law that Spain has just approved. But will it be constitutional when this law is radically contrary to the spirit of the rules adopted by the European Union? What is the Strasbourg Court going to say about the ad hoc law on prison sentences, when it violates the human rights of prisoners?

If anyone needs another proof of the PP’s policy of revenge, and not only of the rights of concrete people, but also of the peace process and of an obstacle to coexistence. Is it not enough for Basque society to protest in a unified way? Is it enough for me to say that? Institutions, parties, associations, citizens... all together in the cry for the new time that Basque society deserves? It is sad, but war united society more than peace.