Automatically translated from Basque, translation may contain errors. More information here. Elhuyarren itzultzaile automatikoaren logoa

Prison policy and peace

I am not going to say anything new about the peace process if I consider it an irresponsible attitude of the PP government. There are several reasons for this, but on this occasion I will focus on one specific issue: prison policy, because in recent weeks we have had “news”.

On 24 November, Carmen Gisasola was released after being sentenced by the National High Court to life imprisonment, following the Supreme Court ruling. Days later two other inmates left for the same reason: Adding what has been done in France to jail time in Spain.

Prison policy is a concern all over the world, including in Europe. That is why rules are laid down at different levels. One of these was the Framework Decision adopted by the European Commission in 2008, which laid down the basis for the recognition in other States of judgments handed down in a Member State of the European Union. The States should have included this Framework Agreement in their domestic legislation, but in Spain it has not been done until November 12, 2014, the date of approval of Organic Law 7/2014. In the meantime, there was the Commission’s decision and the obligation of the courts to comply with it.

Thus, on 14 March 2014, the Supreme Court ordered the National Court, in a specific case, to assess the prison sentences carried out in France. Indeed, after almost six years, without any legislative movement, on the same day the Spanish Government presented the Bill, and then, in its processing, the PP has introduced several amendments to “mitigate” the consequences of that law. In other words, according to the Supreme Court's judgement, ETA prisoners from 50-60 should be released to remain in prison. Then, we already know what has happened: this law has entered into force on 4 December and there is legal debate on its implementation until the Supreme Court has again resolved it.

All this indicates the position of the Government of Spain and that of different political parties. The peace process is being denied and, moreover, the question of prisoners is being hindered without any treatment. Prisoners, as happened in Northern Ireland, should have much to say in the peace process, but the government does not agree with that. This severe and obstructionist attitude is reflected day by day: there has been no movement in terms of the removal of prisoners, although they have requested the rapprochement to their places of origin, which coincides with the reinsertion and, therefore, indirectly is a fundamental right.

The basic starting point of the government is clear, but very wrong: for him any “gesture” towards ETA prisoners would mean the weakness of the state and democracy. Quite the contrary, in my opinion: on the one hand, what is required is compliance with the law, which strengthens the democratic state; on the other hand, paralysis is the expression of the greatest weakness and “fraud” of the regulations reflects the fear of the Spanish State and the fragility of its approaches. Or, if not, how should they explain the purpose of prison sentences or what happens when sentences are served? A Government must respect and express the value of the law and, to that end, taking into account the terrible pain caused by prisoners, must make public pedagogy every day. Or what do they expect these prisoners to remain in permanent and remote prison?

Finally, it would also be necessary to rethink the prisoners if they really want to make a positive contribution to the peace process.

 

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