Canadian Lawyer : Spain Tortures

This note appeared at the International Herald Tribune:

Lawyer says evidence against accused Basque terrorist taken under torture

The Associated Press
Published: September 28, 2007

VANCOUVER: The lawyer for a man accused of being a Basque terrorist said Friday that evidence used in the decision to deport his client to Spain was obtained from witnesses under torture and should be dismissed.

Lawyer Phil Rankin told the Immigration and Refugee Board that Canada has signed the U.N. Convention Against Torture, so the evidence the Canada Border Services Agency is relying on to deport Victor Tejedor Bilbao should be set aside.

Bilbao, 51, is accused of the attempted murder of a newspaper executive in 1981.

A hearing officer for the Canada Border Services Agency, Jesse Davidson, told the hearing that Basque separatist supporters often make claims of torture without proof.

He said they have been known to injure themselves while incarcerated.

"They're willing to chew their own wrist to make a point," Davidson told the hearing.

Bilbao has been living illegally in Canada for 11 years.

Rankin said Bilbao was associated with the political party Herri Batasuna, which is now illegal in Spain because of its ties to ETA, the militant separatist group.

Rankin stressed his client was a member when the party was considered legal and that there is no evidence that the group even has links to terrorism.

"You're just making an inference that's improper," he said. "You're saying 'well, Herri Batasuna supports ETA, therefore you're a member of ETA. That's not good enough."

He stressed his client is in no way a member of ETA, which Bilbao is suspected of joining in 1979.

But Davidson said there is compelling evidence ETA and Herri Batasuna are linked and that ETA created the group as a political front.

Bilbao was arrested in June for living in Canada illegally under several false names and has been in Canadian custody because officials believe he's a flight risk.

The border agency said there is no evidence he was ever tortured.

Two of Bilbao's co-accused have been sentenced to 17 years in prison for the attempted murder of the journalist.

Well, finally someone is saying the truth about how any Basque citizen can be accused of terrorism by Madrid, Phil Rankin is bringing the issue of the practice of torture against those who suffer the incomunicado regime.

Too bad there is some scumbags like this Jesse Davidson who are willing to stomp all over the justice principle that a person is innocent until proven guilty, for him Victor Tejedor is guilty because Madrid said so. Maybe he should read the report by Theo Van Boven regarding the issue of torture in Spain and the way the Spanish government reacted despite the evidence.

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