Wednesday, June 01, 2005

Kafkian, As Simple As That

Here we go again, one day Spain belongs in the XXI century, the next day it is back in 1940.

A judge in Madrid has decided that Otegi must stand trial, a few days after the Basque politician was released on bail. This is what Reuters tells us:
Spain's public prosecutor requested on Wednesday that the leader of a banned Basque party be charged with belonging to the separatist group ETA, saying there was evidence he could be one of its leaders.

In a document released on Wednesday, the prosecutor requested that Otegi be formally charged and said there was evidence that he could be a leader of ETA, the armed group that has killed about 850 people in its four-decade campaign for Basque independence.
Meaning, the half million they got was a ransom, not a bail.

Just how many western law principles can Spain violate on its repression of the Basques?

Here is a few that come to mind:

Burden of Proof: If Madrid says that Otegi is part of ETA's entorno, then it is up to Madrid to present all the evidence to back up the accusation. Two years after the banning of Batasuna we are yet to see any evidence.

Presumption of Innocence: Any person in a democracy is expected to be innocent of any charges leveled against her or him until proven guilty in a court of law. For the Spaniards that have Franco as someone to look up to, this simple principle does not apply for the Basques, the Basques are guilty until proven innocent.

Timely Trial: After the wheels of justice had been set in motion against an individual or a group, western societies expect that those indicted will be prosecuted within a certain time frame. There is Basques that have been in preventive prison for up to 4 years without any charges never pressed against them, and they walk "free" only after paying a hefty bail.

Arnaldo Otegi was accused of a very grave charge last week, yet, bail was set for him. How can a person charged of such serious crimes can walk away after paying some money?

Wouldn't that be self defeating?

If they have enough evidence to accuse him of terrorism, then he should be considered a dangerous individual, and as such, he should remain in jail until the time he is to face a trial.

Him walking tells the world evidence is not so damning. Yet, a week later, Madrid is back at it.

Only and idiot would be unable to smell the rotten fish in this whole matter.

Oh yes, but "The West" is too busy working towards the independence of Kosovo to even notice.

You can read the whole article here.

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1 comment:

  1. Kafkian is to say the least. Even Josef K. had it easier...

    ReplyDelete