The Reign of Silence

The nightmare goes on. The Spanish Audiencia Nacional has decided to go ahead with the process open against the Basque newspaper "Euskaldunon Egunkaria", despite the request to drop the case by the defendants' defense team and the district attorney's office. As a direct result from this decision, five Basque citizens with professional ties to the Euskara printed newspaper that was shot down on orders by Spanish judge Juan del Olmo will now be forced to seat at the bench, accused of "integration" to ETA. They will have to face the indictments made by the extreme-right groups called Dignidad y Justica and Asociación de Víctimas del Terrorismo, both groups are resorting to a civil lawsuit, since the district attorney will not present any federal charges. The district attorney's office is not pressing any charges due to a powerful reason, after seven years of police investigation and the exhaustive analysis of thousands of documents no one has been able to find one single piece of evidence to sustain the slightest connection between ETA and the newspaper.

Powerful but insufficient reason obviously, given the decision by the judges, for this exception tribunal to declare desert a case that should have never been opened in the first place. A case that started covered by the cloak of secrecy in an obscure Guardia Civil office, that developed as a result of the internal disputes within the Audiencia Nacional, that flourished in full force with the arbitrary and traumatic clamp down on Egunkaria, and that, despite being destined to succumb due to the lack of solid evidence is being kept alive due exclusively to the dark political impulse that moves the Spanish justice system when it comes to the Basque Country.

And when it comes to the Basque Country, there is no boundaries for the Spanish democracy, that even in the XXI century allows itself to shut down Basque media outlets over one single justification: suspicion. They did it with Egin, and satisfied about the result, they did it again with Egunkaria. ¿Solid evidence?¿No room for reasonable doubt? tiny technicalities with no consequence, easily disregarded by the importance of the mission: to silence the dissidence, gag those who dare to expose and denounce the official discourse. And next to the forced silence, the chosen silence, the option by the majority of the media outlets (both Basque and Spanish) that prefer to bow before the official discourse and hide so much injustice from the public.

.... ... .

1936

This information comes to us via SUBO:

The Spanish Military Uprising of 1936

Under the Spanish Second Republic, the Catalans achieved home rule in 1932, but a Basque autonomy statute for Araba, Bizkaia and Gipuzkoa (Nabarra excluded) was delayed until 1936.

The military uprising of 18 July 1936 "underlined the multifarious social base and, at points, contradictory nature of the ideology upon which the (Basque Nationalist) party rested," writes Marianne Heiberg. According to Heiberg, some months previously secret meetings were allegedly held between certain Basque Nationalist Party (PNV) leaders and the right requesting arms "to form Basque militias which would function as soon as a communist revolution, which we assume approaching, explodes." A few days before the uprising two PNV deputies, Irujo and Lasarte, declared that the PNV would support the Republic in case of a military intervention. On the night before the military rebellion, the PNV executive retracted these assurances of automatic PNV loyalty.

On the day of the uprising, Heiberg writes, the first section of the PNV to react was the PNV executive in Nabarra, which declared its opposition to the government of the Republic "responsible for religious persecutions. " Volunteers, 42,000 in number and called the Requetes, financed by the Carlists, were recruited mainly from the peasantry and organized into militias in defence of "God and his Church, King and Fueros!

The worst period in the orgy of Franco's violence in Nabarra, had countless Nabarrase sentenced to exile, prison, or the grave. Nabarra was a fundamental bulwark for the insurrect Spanish army led by General Franco. The number of Nabarrase executed - more than 3,000 - by the fascists and their sympathisers in rearguard was higher than in any Spanish province with a war front. Forced recruitment, massive executions, rape, killings reported as suicides, prison, exile, and
the Catholic church as oppressive agent, are denounced by the cultural organization Altaffaylla Kultur Taldea in an important research published by the group in 1986 about Nabarra during the military uprising in 1936. The results of this research contradict the fascist propaganda which claims Nabarra was in favor of Franco.

Regional Autonomy for Baskongadak (Araba, Bizkaia and Gipuzkoa)

With the re-establisment of the Spanish Republic in 1931 and with it, the restoration of political liberties, Basque nationalists saw an opportunity to achieve autonomy. Eusko Ikaskuntza (Society of Basque Studies) drafted a project for an autonomy statute aimed at the unification of the three Basque provinces in Spain (Araba, Bizkaia and Gipuzkoa aka Baskongadak) and Nabarra into an almost independent state.

On June 15, 1931, a Baskongadak- Nabarra alliance of mayors from the four Basque territories in Spain met in the town of Lizarra in Nabarra and approved a project for autonomy, the Statute of Estella. The Basque project was rejected by the Republican government whose constitution recognised only one "integral state." For reasons still debated today, the Baskongadak- Nabarra alliance broke off. In 1932, the Basque Nationalist Party (PNV) accepted an autonomy statute for the Baskongadak drafted by a Madrid commission.

According to Hurst Hannum, the short period during which the autonomous region of Baskongadak actually functioned before being abolished by the victorious Franquist forces in 1938 makes it difficult to judge the viability of the Second Republic's arrangements for autonomy. Hannum observes:

"Nevertheless, the broad scope of many of the region's proposed autonomous statutes indicates that there was a fairly extensive grant of actual as well as theoretical powers of self-government to the autonomous regions. The powers of approval and amendment of autonomy statutes reserved to the Spanish parliament (Cortes) is significant, but it should be noted that a majority in the 1931 parliament represented non-Castillian Spain, thus providing a fairly effective political check on discriminatory legislation at the national level and a sympathetic majority for regional autonomy".

The autonomy statute for Araba, Bizkaia, and Gipuzkoa was approved in referendum on November 5, 1933, by 84% of the Basque electorate. However, the Republican government failed to act in the plebiscite and Basque aspirations were not met until 1936. On October 1936, at the outbreak of the Spanish civil war, Madrid finally granted Baskongadak its autonomy. Jose Antonio Aguirre, a young lawyer from Bizkaia, was named president of the rump Basque government, which alongside nationalists, included Spanish republicans, socialists and communists.

Since August 1936, the north-west of Spain had been cut-off from the rest of Republican Spain. The Basque government quickly took on many functions of an independent state. It issued its own currency, passports, set up its own judiciary, established diplomatic links with several foreign countries, and organized its own army. The Basque army refused to accept central Republican authority.

Many gudaris (Basque soldiers) and milicianos (Republican soldiers) died fighting in Bizkaia and Gipuzkoa, but also many people from Araba and Nabarra who had escaped the terror of Camilo Alonso Vega and Emilio Mola. And many volunteer soldiers (international bridgades) from Belgium, Cuba, Germany, Italy, France, as well as young people and women died fighting against fascism.

The Fall of Bilbo

The Spanish nationalists guided by General Franco faced difficulties to penetrate the Basque province of Bizkaia. A great offensive against Bizkaia began with the bombardment of Durango on December 31, 1937 which caused 520 dead and 730 wounded. The German Condor Division supplied air support. Then on April 26, 1937, before attacking Bilbo, the town of Gernika was bombarded by the German Luftwaffe which was testing their burnt earth torches. This was the first bombardment of its kind in the world and caused 1,654 dead and 889 wounded. In June 1937, Bilbo finally fell to the hands of Franco's troops.

Basque resistence collapsed and its government went into exile abandoning the Basque resistance. Over 50,000 Basques died, 10,000 were taken prisoners (1,000 prisoners, including poet Lauaxeta and eleven priests were executed), 150,000 went into exile, and 20,000 children were sent abroad to save them from the cruelty of the civil war. At the time of the Germans invasion of France, most of the Basque nationalist leadership in exile moved to South America. During the Nazi occupation of France, 11,555 people in the Basque territories in France were sent to concentration camps in Argeles and Gurs. This is a high token if one takes into account that the entire population of the Basque territories was about 1.500,000 in 1936.

Betrayal of the Allies

During the Second World War, a group of Basque exiles placed themselves at the service of the Allies against Nazis. In London, Manuel de Irujo, a Nabarrase who was the Spanish minister of Justice under the Second Republic, became president of the Basque National Council in 1940. He signed an Anglo-Basque agreement for the creation of a Basque military unit. Other inter-state agreements were signed in London in 1941, between Charles De Gaulle (in the name of Free France) and the Basque National Council. The Gernika Battalion, led by Major Ordoki (of the left-wing Acción Nacionalista Vasca, ANV, Basque Nationalist Action), took part in the battle of the Atlantic. At the end of 1945, a year of euphoria, Basque resistance fighters regrouped along the Franco-Spanish border, awaiting orders to penetrate southwards with North American logistic support that never came.

After the Second World War ended, Franco was identified with Hitler and Mussolini and Spain was boycotted by the international community. But in November 1947 the United Nations assembly lifted sanctions on Spain, and the North American delegate declared his support to Franco. Meanwhile, the North American press pointed to the strategic importance of Spain in the Cold War. The isolation of the dictator was broken by the United States granting him a loan of 62.5 million dollars in exchange for U.S. military bases in Spain. In 1954 the Pope awarded Franco the Supreme Order of Christ.

The Spanish Civil War was followed by suppression of civil liberties and a fierce repression of the Basque language and culture.

Regrettably the PNV had refused to sabotage the heavy industry and infrastructure as demanded by the left and later ordered by the Republican government. In Bizkaia, observers commented, one received the impression that there was no war. Law and order was total. By protecting Basque heavy industry and infrastructure from left-wing sabotage, the PNV made it possible for the dictator Gen. Franco to succesfully overcome the international boycott imposed on 1946 and to embark on an ambitious policy of economic self-sufficiency. The mass destruction of industrial installations and infrastructure characteristic of the rest of Spain had not occurred in Baskongadak, a blessing for the dictator thanks to the PNV. In turn, this industrial base gave the economy of Bizkaia an overwhelming initial advantage which produced the second "boom" of Basque industrial expansion.

Bibliography: Luis Nuñez Astrain, La Razón Vasca (Txalaparta, 1995); Jose Luis Cereceda, Euskadi en guerre (Ekin, 1987); Iñaki Egaña, Las Victimas reclaman su existencia (Egin, July 18, 1996); Hurst Hannum, The Accomodation of Conflicting Rights, (Universtiy of Pennsylvania Press, 1990); Marianne Heiberg, The Making of the Basque Nation (Cambridge University Press, 1987); Francisco Letamendia, Historia del Nacionalismo Vasco y de ETA (R&B Ediciones); Joseba Zulaika, Basque Violence Metaphor and Sacrament (University of Nevada Press, 1988).

.... ... .

42 Imprisoned

This information comes to us thanks to the Irish Solidarity Committees With The Basque Country:

EH NEWS: SPANISH INQUISITION

Spanish Court orders arrests of 46 defendants on 18/98

11/30/2007

The sentence on this case is not going to be announced until December, but judges have already considered their verdict and that is why they ordered the arrests of the defendants.

34 people have been arrested so far accused of being related to 18/98 case, judicial officials reported. Spanish National Court ordered on Friday the arrests of 46 defendants on this this macro-trial.

This trial was the largest ever made in terms of the number of defendants. The judges heard testimonies of more than 300 people. Those on trial included alleged members of Basque social political gropus, media and other organizations. Spanish National Court banned their activities citing they were supporters of Basque armed group ETA.

Spanish Court ordered all the arrests, investigation officials reported. According to these sources, the sentence on this case is not going to be read until December. But, the court has ordered police to put them under detention before the convictions are announced, a court official said.

List of arrested people

Txema Matanzas, Jesus Mari Zalakain, Elena Beloki, Alberto Frias, Javier Balanzategi, Javier Salustregi, Joxe Mari Olarra, Mikel Korta, Iñaki O'Shea, Juan Mari Mendizabal, Mario Zubiaga, Iker Casanova, Manuel Intxauspe, Jose Garcia Mijangos, Natale Landa and Olatz Egiguren.

The International commission "Euskal Herria Watch" on case 18/98

The "Euskal Herria Watch" international commission, made up of lawyers from various countries, had the opportunity to participate in the sessions celebrated between the 21 st of November 2005 and the 14 th of March of 2007 in the 18/98 proceeding. The parties on trial are private businesses, the newspaper Egin and the radio station Egin Irratia, the Basque political organisation Ekin, the foundation for the promotion of the social movements Joxemi Zumalabe and the European association Xaki for international activity.

This report contains a summary of our main concerns, based on the monitoring work carried out, as well as a series of conclusions regarding this particular trial.

The accusation

The public prosecution and the private prosecution carried by the Association of Victims of Terrorism charged 51 people who have participated in the mentioned businesses and associations with a crime of "belonging to a terrorist organisation". On this bases, the prosecution asked for 10 to 50 years of prison for the defendants, as well as other accessory penalties. Afterwards, the prosecutor reduced the petition for 4 to 19 years depending on the consideration of "collaboration" with or "membership" of an armed group. Among the defendants the persons prosecuted for their relationship with the Egin newspaper's board of directors faced the higher petitions. In total, where before the prosecution asked for 927 years of imprisonment, now they ask for 484.

The charges brought by the Investigating judge and taken on by the public prosecution and the private prosecution are not rooted in any concrete facts or particular evidence. The charges are based on the idea that these people participated in the aforementioned organisations to infer afterwards that these organisations belong to ETA. Even if the first part of that logic is granted because of the public and notorious activity of these social and political activists, the second part lacks any reason or evidence to be assessed, but is no more than a speculative interpretation built on suspicions. These suspicions are limited to sporadic contact among defendants and members of the ETA armed organisation, to the interest expressed by ETA about these organisations, reflected in its internal documentation, and finally, to the coincidence in the political goals: sovereignty for the Basque Country. The suspicions on which the charges are based are not criminal activity. The situation could be explained as the late German lawyer and observer, Martin Poell manifested to the media "we have known about cases without evidence, but this is the first case that does not even have crimes".

Without individualized criminal conduct, the construction of the connexion among these organisations on trial with ETA is mere speculation.

The public hearing: the right to a defence

The defence has come across an unlimited number of difficulties to exercise their professional task. A list of issues that had to be solved before the hearings began could have stopped it: the trial began in the absence of three defendants, without the orders for them to be brought before the court having been issued. A previous appeal challenging a number of expert witnesses had not been resolved; it was rejected by the tribunal on the spot. The prosecution has requested a number of companies to be declared illegal and have their assets seized, and they have not even been summoned to appear in court. They have not been notified of the charges, which amounts to civil death, because they are not party to the proceedings and cannot defend themselves, therefore, if they were convicted this would mean the proceedings will be voided. Last, but not least in terms of the guaranteeing of the right to a defence, a series of documentary tests requested by the defence before the beginning of the trial have not been carried out, despite the fact that they should have been done before the trial began and that the tribunal had agreed to their being carried out. It is due to the hurry showed by the Court to carry on with the hearing that these questions, that can bring about an effect of nullity, were simply ignored.

A decision to begin and continue the trial was made by the tribunal, over and above the fact that the case –a 207,000 page-long monster- is in a state of chaotic disorder. There is no index of pieces of evidence; the whereabouts of these pieces of evidence is often unknown, which makes access to the evidence difficult for both prosecution and defence; finding a document means an effort that often turns out to be futile, thereby causing repeated adjournments to continue the search.

On the 15th session of the trial, the 21st of December 2005, the evidence in Prior Proceedings 75/89, was brought to the Court. It is a series of police reports, transcriptions of tapped phone conversations and other documents which have been kept under official secret since 1989. The prosecution had access to that documentation but not the defence; these documents remained in secrecy for them. Due to the impossibility to have access to that evidence even being brought to the Court, t he defence lawyers requested the protection of their respective Bar Associations and the Basque Council of Lawyers. Those plus the President of the Spanish Council of Lawyers held a meeting with the President of the Audiencia Nacional to grant the fundamental right to a defence.

One of the most shocking violations of the right to a defence in the view of the observers that have participated in this first part of the hearings was the ban on the defendants to make their statement freely in front of the Court and, more specifically their right to explain why they were refusing to answer the questions by the prosecution. The defendants had decided this, as a clear political statement. Nevertheless, the president of the Court cut the intervention of the defendants forbidding any further explanation immediately after declaring their refusal to answer. Of course, if it is not appropriately explained, by attitude on the part of the defendants can be understood as a fearful or doubtful position under cross examination by the prosecutor. One of the lawyers mentioned the jurisprudence of the European Court in Strasbourg – dated 2 May 2000, in the Condron vs. the UK case-, annulling a trial because the reasons why the defendant was remaining silent were not stated in the minutes. The president of the Court answered to the lawyer that "I do not care what Strasbourg says".

For this and other reasons we can see that the attitude of the Court has been manifestly aggressive and authoritarian towards the defendants. The inquisitorial character of the hearing and the and the intense and worrying emotive implication of the president of the Court in it, instead of being impartial and "super partes" has been made clear. A Court should uphold basic rights at the time of doing justice, as the effective judicial tutelage for all the people in the exercise of their legitimate rights and interest, without legal protection and the right to a trial with full guaranties, to use all the pertinent means for the defence and the right to be presumed innocent.

It is relevant to underline that the Court never has ruled in favour of the defence in any of the many incidents that have occurred due to irregularities in the development of the proceedings. All of them must be resolved in the final decision by the Court.

Quality of evidence

Throughout the hearing not a single allegation containing concrete, individualised facts was put forward. The evidence consisted of the reading of documents allegedly seized from ETA, statements taken from some defendants under incommunicado detention, telephone tapping and statements by the agents of the Central Unit of Intelligence of the National Police and the Investigation services of the Civil Guard, brought in as court experts and the main revealing factor of the prosecution.

These agents make their anonymous testimony as court experts, understanding that they provide the court with alleged expertise and objective knowledge, in their the field of activity. However, it is clear that, even if they present themselves as expert in the fight against ETA, their statements are an interested and biased account of the facts, as they have taken part in the investigation. They gave their statements collectively, all together, behind a screen that separates them for the public, not from the defendants. They have permission from the tribunal to discuss their answers and correct each other. In practice, the opinion of these agents introduced by the Court as "experts" has the role of rectifying the gaps in the evidence.

Nevertheless, their statement were full of incongruence and contradictions, such as the one referring to the origin of some of the documents, the identities of the persons that appear in those documents under nicknames, or the alleged connection between the newspaper Egin or the Foundation Joxemi Zumalabe with ETA.

One of the matters that have had a shocking effect is the identification of one of the experts as one of the officer conducting torture at the interrogation of Nekane Txapartegi and Mikel Egibar. The latter asked the Court to uphold his right to question the experts. The reaction by the president, Angela Murillo was to shout "sit down! be quiet!" losing her nerves and asking the police that guard the Court to form a human wall between the Civil Guard agents acting as experts and the defendants, who shouted "torturers!!". Murillo, overwhelmed, decided to adjourn the session.

Matters of humanitarian nature

As mentioned, the trial lasted 16 months in a Court especially built in a neighbourhood at the outskirts of Madrid . The defendants were obliged to be present every day that court is in session. The only accommodation was to replace the Thursday and Friday sessions with night sessions on Mondays and Tuesdays. It is surprising to hear that being present in the courtroom is not a right of the defendants, in their best interest, but an obligation imposed on them. It seems evident that this is not a measure aimed at guaranteeing the defendants have full knowledge of the proceedings and a better chance to exercise their right to a defence but an extra obligation imposed on them after the accused had repeatedly stood against it. It has caused many traffic accidents in the long journeys from the Basque Country to Madrid, has generated adjournments and delays due to the difficulties to appear in the Court for all the defendants. It has also made the defendants' daily life more difficult, their family and work activities, and affected their economies, creating a high physical and psychological cost.

A particular mention should be made to the case of Iñigo Elkoro who, due to a serious disease, had to be separated from the trial and a new trial will have to take place, so as not to interfere with the main proceedings. In the case of Jokin Gorostidi, the day before he had to make his statement in court he suffered a he suffered a heart attack with the result of his death on 25 th April 2006. The attitude of the Court towards the defendants can be considered cruel and degrading treatment.

The Issue of Torture

On 6th May 2006 defendant Xabier Alegría declared in court: He has the highest petition from the prosecutor, with 100 years in prison. He explained he had suffered torture during incommunicado detention. The lawyers submitted a copy of other procedures including this fact, the prosecution did not deny the submission and the Court admitted it.

The 18th of April, was the turn of Mikel Egibar who provided the Court with an account of torture during his detention by the Civil Guard on 10th March 1999, including beatings, suffocation with a plastic bag, threats against him and his family… during five days, before was brought to the National Court. The next day Nekane Txapartegi gave her statement, explaining that her incommunicado detention lasted 10 days and included death threats, the plastic bag and sexual harassment, even being raped by four Civil Guards.

The statements taken under torture are used by the court to base the accusations in this trial 18/98 and to introduce incriminatory evidence against the people that suffered it and the rest of the defendants.

Conclusions: ideological accusation and expansive interpretation of the penal definitions

The accusation carried by the public Prosecutor and the Association of Victims of Terrorism asked, in their separated reports, for a conviction while the defence asked for acquittal of all defendants.

The reports of conclusions of the accusations are not based on the reasons and evidence that have appeared during the hearing. On the contrary, they come from the first interpretation developed during the stage of investigation by the head of Court of Investigation nº 5 of the National Court, Baltasar Garzón. The public prosecutor, as he lacks evidence to support his theory, recited a brief and specific review of the history of ETA, to wind up his statement on the organisations and businesses that are on trial, and to recount the charges brought against them: KAS would be an "instrument" used by ETA for "direction of the movement", which, at the same time, would control a business scheme dedicated to maintaining ETA members abroad" and members of KAS itself. Ekin, according to this theory, would have been created to "replace" KAS; Xaki would be the latest version of "ETA's external relations"; and the Joxemi Zumalabe Foundation would have taken the baton from ASK to continue to "invigorate the popular movement". Finally, Egin and its publishing company Orain S.A. would make up ETA's "intermediary front" or "fourth front".

At this point, the representative of the Attorney General had no other choice than to admit that the written charges contained serious errors, and that several of the charges against the defendants had no legal foundation. Nevertheless, he concluded that participating in any of these organisations is at the same time to be an active member of ETA due to the "divisional theory". "All of the structures participating in that global structure" which for him the nationalist left is, "are contaminated with the goals and objectives" of ETA. So, lacking rational evidence, the accusations will use an ideological interpretation, a philosophical deduction to ask the Court to deliver a conviction.

But moreover, the designation of the facts as crimes of "collaboration" or "belonging to an armed group" are based on a new definition of terrorism tailor-made to include the activities in this trial. In fact, the prosecutor asked the Court, contrarily to the classic jurisprudence that advocates for a restricted interpretation of the concept of terrorism, to make it wider to include these social and political activities. To do so, he counts with the precedent of the decision of the Supreme Court in the 18/01 case referred to the youth organisations Haika-Segi.

On 19/02/2005 the Audiencia Nacional issued a decision whereby it stated the youth organisations Jarrai, Haika and Segi are not terrorist organisations because they do not use weapons or explosives, although the Court did declare them illegal and sentenced 24 young Basques to between two and half years and three and a half years in prison, more or less the time they had served in pre trial detention. This decision was appealed by the defence and the Prosecution, for different reasons, before the Supreme Court. The defence asking for the acquittal and the prosecution, specifically, defended its aim was to obtain new jurisprudence on the definition of "belonging to an armed group" which could be applied in other proceedings.

On January 19, 2007, the Supreme Court published its decision. Indeed, three of the judges believe these organisations are "illegal associations which amount to a terrorist gang, organisation or group" and gave 23 young Basques 6 years in prison whilst they acquitted one. The decision introduces a new expansive interpretation of what is an "armed organisation", as was asked in the appeal by the Association of Victims of Terrorism "according to the new times". A further two members of the Tribunal voted against this decision, giving a dissident vote considering that it "creates a new configuration of armed group" taking into account two elements: one the entity of the facts related to the practice of the "urban guerrilla", that can not be compared to the "terrorist acts that are committed by terrorist groups that have deserved the application of the crime of armed organisation" and as stated by the magistrate Martínez Arrieta and for the lack of real integration in the armed structure, opinion of magistrate Giménez García: «if there is a invitation to become a member of ETA it means that you do not belong to it, so the candidate comes from a different collective to ETA ». Thus, both magistrates of the Supreme Court supported the initial interpretation of the National Court.

The chain of armed activity established, in penal terms, from the urban guerrilla to finish with the public and peaceful political action that now is under judgement must be taken into account. This interpretation will be the determinant element in the deliberations of the Third section of the Penal Room of the National Court to reach a decision.

Conclusions

On the aforementioned findings, the International Commission "Euskal Herria Watch" wish to make public the next conclusions.

1. The investigation of the 18/98 case has been carried out in a chaotic manner and in flagrant violation of the right to a defence, using the secrecy of actions in an absolutely unacceptable way.

2. The violations of equality of opportunities between the prosecution and the defence are quite alarming. The tribunal did not accept a single one of the challenges brought by the defence.

3. The lack of precision as to the allegedly criminal activities and the lack of individual charges contravenes, in an essential way, the bases of the rule of law whereby a defendant must face charges -involving certain criminal conduct- from which he or she can defend himself or herself.

4. The treatment dispensed to the defendants during the hearing, including the obligation to travel and be present in all the sessions has generated a physical and psychological cost that could be considered a form of cruel and inhuman treatment. The effect of this on the health of the defendants is ascertained.

5. The use of statements which were allegedly made under torture is an intrinsic violation of human rights, because of the use of torture itself, and even the allegation should void the evidence.

6. The quality of the evidence was completely inappropriate, with many irregularities, rational doubt as to the origin of documentary evidence and blatant inefficiency of the witnesses called by the prosecution. The expert evidence given by members of the State Security Forces deserves special comment, as the tribunal has elevated police suspicion, prejudice and speculation to the level of scientific, objective and infallible evidence.

7. The use of ambiguous legal definitions and their broad and inclusive application contradict the principle of legality.

8. The state is attempting to criminalise legal, public and transparent activities through a political trial. This is, in itself, a serious attack on the right to freedom of speech, opinion and association. The mention in documents and statements of other associations during the hearing is an attack on their rights and their legal security.

9. We also believe that the Tribunal, the Audiencia Nacional is a special Tribunal for crimes of terrorism and given its high level of politicisation , and the nervous and authoritarian attitude of the chair of the Court, it would seem that the verdict, instead of being an act to find criminal facts and seek justice has been an attempt to provide a appearance of justice to a political decision.

10. Still waiting for the decision, the development of the hearings, the position taken by the prosecutions, the tension generated due to the attitude of the president of the Court and the precedent that was given by the Supreme Court in reference to the 18/01 Haika-Segi case bring us to deduct that the final decision will have an extremely poor juridical quality.

~ ~ ~

Free Batasuna

Euskal ezker independentistako 20 ordezkari inguru atxilotu dituztela-eta, salaketa kanpaina abiatu dugu. Adierazpenarekin ados bazaude, bat egin ezazu. Zure blogean, bat-bateko mezularitzan, epostan, Myspacen, Fotologen... freebatasuna hitza duen post bat idatzi besterik ez duzu egin behar. Adierazpena: Konponbide demokratiko baten alde: hitzak soberan daude: freebatasuna

Ante la detención de cerca de 20 representantes de la izquierda independentista vasca, hemos iniciado una campaña de denuncia. Si estás de acuerdo con el manifiesto, únete. Sólo tienes que colgar un post en tu blog, en mensajería instantánea, e-mail, Myspace, Fotolog... con la palabra freebatasuna. Manifiesto: Por una solución democrática, sobran la palabras: freebatasuna

We have started a campaign to report the arrest of near 20 Basque left wing independentist representatives. If you agree with our manifest, join the campaing. You just need to publish a post in your blog, instant messenger, e-mail, Myspace, Fotolog... wth this word: freebatasuna. Manifest: Looking forward to a democratic solution, words are more than enough: freebatasuna

Face à la détention d’une vingtaine de représentants de la gauche indépendantiste basque, nous avons lancé une campagne de dénonciation. Si tu es d'accord avec le manifeste, unis-toi. Il suffit de mettre un post dans ton blog, sur un réseau de messagerie instantanée, émail, Myspace, Fotolog... avec le mot freebatasuna. Manifeste : Pour une solution démocratique, les mots sont de trop : freebatasuna

~ ~ ~

Basque Recipe at Washington Post

Believe it or not, here it is:

Chicken Basquaise, Part I
The Washington Post, September 26, 2007

* Course: Main Course

Summary:

This aromatic mixture of onions, peppers and dried Basque seasonings is good enough to eat on its own. It takes about an hour to prepare, and then can be paired with scrambled eggs for the Sunday Supper and as a braising sauce for Chicken Basquaise, Part II.

Removing the skins of the bell peppers and tomatoes will ensure a smooth, almost creamy texture for the piperade, which can be refrigerated for up to 4 days or packed in an airtight container and frozen for up to 2 months.

4 servings

Ingredients:

* 4 medium green bell peppers
* 2 medium red bell peppers
* 6 medium tomatoes
* 2 large Spanish or Vidalia onions, ends trimmed
* 3 tablespoons olive oil
* 3 mild chili peppers, stemmed, seeded and cut into thin strips (may substitute with a small red bell pepper)
* 2 to 4 medium cloves garlic, minced (germ removed)
* 2 teaspoons sea salt, or more to taste
* Pinch sugar
* 2 sprigs thyme
* 1 bay leaf
* 1/4 to 1/2 teaspoon piment d'Espelette (may substitute Anaheim chili powder or chili powder)
* Freshly ground black pepper

Directions:

Position the top oven rack 4 to 5 inches from the broiling element; preheat the broiler. Line a baking sheet with aluminum foil. Boil a kettle of water.

Meanwhile, stem the bell peppers, discarding their seeds and ribs; cut so they can lie flat, skin side up, on the baking sheet. Broil for several minutes, until their skins are well blistered; transfer to a bowl, cover tightly with plastic wrap and let sit for a few minutes so that steam loosens the skins. Discard the skin and cut the peppers lengthwise into 1/2-inch-wide strips. Set aside.

Cut a small X on the bottom of each tomato. When the kettle of boiling water is ready, place the tomatoes in a heatproof mixing bowl and pour enough water over them to cover completely. Let sit for 1 to 2 minutes, then drain. Peel the tomatoes and cut into chunks; there should be about 3 cups total. Set aside.

Cut the onions in half from top to bottom, then lay each piece cut side down on a cutting board and cut each piece in half again from top to bottom, stopping just short of the root end; cut each onion half crosswise into thin slices; there should be about 4 cups total.

Place a large, high-sided skillet or casserole with a cover over medium heat and add 2 tablespoons of the oil. Warm the oil for a minute, then add the onions and cook, stirring occasionally, for 10 minutes, until the onions have picked up some color. Add the remaining tablespoon of oil to the skillet, then add the strips of peppers and the chilis. Cover and reduce the heat to medium-low; cook for about 20 minutes, stirring frequently. Add the tomatoes, garlic to taste, salt, sugar, thyme, bay leaf, piment d’Espelette and a few grinds of black pepper to the skillet, mixing well to combine. Cover and cook for 10 minutes, then remove the lid and let the piperade cook for 15 minutes, stirring occasionally. There will be a fair amount of liquid. Taste and adjust seasoning with salt, pepper or piment d’Espelette.

Use a slotted spoon to transfer 2 cups of the mixture to a bowl. Spoon in a little of the cooking liquid; cover and set aside to make the Sunday Supper (see related recipe). Transfer the remaining mixture to an airtight container; refrigerate until needed.

Not a clue about why this is part I according to the title. On egin!

~ ~ ~

Today on EITb

Here you have one more digest:

Smoke cloud from British blast toward the Basque Country

A huge smoke cloud from a British fuel depot fire has drifted over Brittany and Normandy in northwestern France and is headed toward the Basque Country, and could reach it in 48 hours; France's national weather service said on Monday.

Some smoke also passed over Belgium, officials said. The main cloud is expected to pass through western France and head out over the Atlantic Ocean, though some fumes will likely also reach the Basque Country in 48 hours, said Francoise Benichou, chief deputy of forecasting at Meteo France.

Two Basque mountaineers killed in avalanche in eastern Spain

Spanish police found Monday morning the corpses of the two Basque mountaineers missing Unai Otamendi Otegi, aged 32 years old, and Joxean Azkue Arrastoa, aged 38 years old, buried by an avalanche, some kilometers far from the mountain pass of El Portalet in the Spanish region of Huesca.

Spanish police started searching for the mountaineers on Monday early in the morning after the wife of one of the mountaineers reported them missing Sunday night. Both had left for the mountain pass of El Portalet in Huesca, Eastern Spain, last December 8 to practice ski mountaineering, the Spanish government's office in Huesca said.

Liverpool in Japan for the title not the yen

European champions Liverpool arrived in Tokyo on Monday, tired but determined to add the FIFA Club World Championship to the trophy cabinet at their ground, Anfield. Basque midfielder Xavi Alonso, still injured, is likely to drop off.

Liverpool are hoping their involvement in the six-team competition will attract investment in the club, although Parry kept talk of business to a minimum upon the team's arrival. "First and foremost, this is a competitive trip and not a commercial trip," Parry told reporters. "It's not about raising revenues. It's not about money. It's about trophies."

Trial against Basque left-wing organizations resumes Monday evening

The hearing in the 18/98 case is to be resumed Monday evening with the suspects responsible for the closed newspaper Egin -accused of being the front for fund-raising and other support for ETA- taking the stand this week.

The first suspect to take the stand is Jesus Maria Zalakain Garaikoetxea, who is facing a sentence of 48 years in jail. Nine suspects will follow Zalakain, all of them responsible for the closed newspaper Egin. Xabier Alegria, main responsible for the newspaper, facing 51 years in jail and charged with membership of ETA and tax fraud, will be last of the suspects to take the stand.

Osasuna extend perfect home record this season

Javier Aguirre's Osasuna made it eight wins out of eight at El Sadar to equal their best home run in 22 seasons thanks to an early goal from Pierre Webo. The Cameroon striker clipped the ball over Toni Prats after the Mallorca keeper scuffed a clearance into his path with just five minutes on the clock.

Osasuna dominated throughout and regularly threatened with their slickly worked counter-attacks, but despite a host of clear scoring chances they were unable to extend their lead.

There you have it!

Friendly reminder, click on the title of each news note if you want to read it as published.

.... ... .

Gaur, Euskararen Nazioarteko Eguna

Not being able to speak Euskera, the Basque language, will not stop this blogger from joining the thousands of Basques celebrating its International Day.

Here you have a text by Berria:

Euskararen Eguna da gaurkoa

Eusko Ikaskuntzaren ekimena izan zen abenduaren 3a Euskararen Nazioarteko Egun izendatzea. Zehazki, 1948an Baionako batzarrean hartutakoa. Denbora asko igaro da ordutik, baina oraindik euskarak bultzada handien beharrean segitzen du. Gaur hainbat ekitaldi egingo dira egun hori dela eta, baina handienak atzo egin ziren: Bilboko Erakustazoka zaharrean ekitaldi ofiziala egin zen, agintari ugari han zirela. Eusko Legebiltzarrak, berriz, deklarazio instituzionala onartu zuen euskararen aldeko konpromisoa bereganatuz.

Esan bezala, gaur ere izango dira ekitaldiak. Esate baterako, Bilboko Plaza Barrian euskara ardatz duen jaia egingo da egunean zehar. Gure artean euskaraz jartzen duten eskuturrekoak ere banatuko dituzte. Athleticeko jokalariek, berriz, euskararen aldeko pankarta aterako dute gaurko partidaren hasieran.

Gora Euskal Herria!

.... ... .

Free Inaki Uria

Press Release from the Asociación Diáspora Vasca inviting you to show solidarity and sign a petition to demand the release of Inaki Uria -he is a member of the proscribed Basque newspaper EuskaldunonEgunkaria-who today is a prisoner of the Spanish State.

Solidarity With Basque Journalist Inaki Uria, Jailed Due to the Process Against the Newspaper "Egunkaria"

The Spanish State, that maintains the southern part of Euskal Herria (Basque Country) under occupation,attacks systematically and seeks to destroy the columns on which the land of our ancestors is built.Within this frame, on february 20th of 2003 the Government of then Spanish Prime Minister José María Aznar (infamous around the world for his cuestionable actions after the attacks of M-11 in Madrid) ordered the closing of the news paper Euskaldunon Egunkaria, the only one in the world published entirely inEuskera, the Basque language. It was not the first time something like this would happen: the newspaperEgin, the radio station Egin Irratia and the magazine Ardi Beltza, media outlets of nationalist tendencies, had been targets of similar attacks by the neo-Fascist Spanish State.

Within the frame of the political, judicial and law enforcement operation against Egunkaria, many of the people in charge of the publication were detained and held incommunicado, enduring torture from the hands ofthe Guardia Civil. What Martxelo Otamendi told the public after his release on bail was heart wrenching.He was fisically and emotionally abused, with absolut impunity. That is the way the Spanish State and its alleged democracy behave with those who defend, with their work, the right of the Basque women and men to access balanced information of unmatched quality inEuskera. Today, one of the assesors of that newspaper, Inaki Uria, remains in jail. He is one of the many political prisoners that are behind bars in a state that has been denounced on the international arena for mistreating and harassing the Basque prisoners. His one and only crime was to work towards the freedom of speech of those Basque women and men that every morning wished to read the news of their country and the whole world, and do so in their own ancient language.

The Spanish Audiencia Nacional, heir to the infamous Francoist Tribunal de Orden Publico, has imposed a bail of 600,000 euros on Uria as a pre-condition for him to secure his freedom. Later the amount was reduced to 450,000 euros, a steep amount that makes it impossible for his loved ones to raise it any time soon.The Asociacion Disapora Vasca, nationalist group integrated by over 300 people with presence in 20 countries, whishes to inform that we support the campaign of signatures initiated by the group “InakiUria Askatu” (Free Inaki Uria), to demand his freedom. We invite you to access the web pagehttp://www.uriaaskatu.com/gutunerako.php and add your signature as to tell the Spanish Government that our political prisoners are recipients of our support and our solidarity not only from the Basque women and men in Euskal Herria but also from the ones in the Diaspora, and also from those women and men that defend the freedom of speech throughout the world.

Due to the fact that the page is written entirely inEuskera, we provide this information:

Izen-abizenak: Name and Last Name.
E-posta: E Mail.
Nortasun Agiria: ID Card Number.
Kargua/lanbidea: Occupation.

Once the fields have been filled, you can click on“bidali” (send).

We want to thank you in advance for your support.

Iñaki askatu orain!

Free Iñaki Now!

Asociación Diáspora Vasca

Germany, Argentina, Australia, Belgium, Bolivia,Brazil, Castile, Catalunya, Colombia, Chile, Denmark,Ecuador, Spanish State, French State, United Kingdom,México, Perú, Puerto Rico, Sweeden, Switzerland,Uruguay, USA, Venezuela.

.... ... . ... .

Berria, IBO and Kerry

Today at Berria they mention the International Basque Organization's campaign to educate presidential hopeful John Kerry about how unfair it is to typecast a whole culture as terrorist:

The note is in Euskara but you can get an idea.

AEBETAKO HAUTESKUNDEAK

Euskaldunak "terroristekin" parekatu ditu John Kerry hautagai demokratak

IBOHR erakundea barkamena eska dezan kanpaina egiten ari da

AEBetako lehendakarigai demokrata izateko ahaleginean dabilen John Kerry senatore demokratak euskaldunak "terroristekin" parekatu zituen urtarrilaren 31an Oklahoman egin zuen hitzaldian. Terrorismoari buruz galdetu zioten Kerryri, eta erantzun zuen, munduan bazirela hainbat herrialde urteetan "terrorismoarekin" bizi behar izan zutenak. Hala, Irlanda eta Erresuma Batua aipatu zituen "IRAren terrorismoa" aipatuz, eta, halaber, India eta Espainia, hurrenez hurren, "sikhen eta euskaldunen terrorismoa" nabarmenduz. Irlanda eta Erresuma Batuko kasuan, IRAren izen zehatza aipatu zuen; Espainiari eta Indiari buruz aritzean, ordea, "euskaldunak" eta "sikhak", guztiak, "terrorismoaren" zakuan sartu zituen. Hori dela eta, IBOHR Giza Eskubideen aldeko Naziorteko Euskal Erakundeak kanpaina hasi du Kerryk barkamena eska dezan.

Sikhek dagoeneko egin dute kanpaina hori, hau da, herri gisa "terrorismoarekin" parekatu izana salatzeko. Zehazki, otsailaren 6an barkamena eskatu zuen ofizialki Kerry hautagaiak.

IBOHR erakundeak, euskaldunekin gauza bera egitea nahi du, eta, ondorioz, lehendakarigaitarako hautagai demokratak akatsa zuzen dezan eskatzeko kanpaina jarri dute martxan. Zehazki, Kerry senatorearen kanpaina arduradunei posta elektroniko bidez mezuak bidaltzeko eskatu du talde horrek. Honakoa da helbidea: info@johnkerry.com.

Bestalde, Maine estatuko batzar demokratan, caucus -ean, Kerry izan da irabazle, eta, ondorioz, azaroan Alderdi Demokratako lehendakarigaia izateko bidean sendotzen ari da.

.... ... .

Freemuse and IBO

The International Basque Organization has issued a press release in defense of the Basque artists being persecuted by the Spanish Government, fake human rights organizations and far-right fascist groups. It appeared at the Freemuse site.

You can go and visit Freemuse, you will find the press release at the "News" section. To make it easier for you I also post the article hear, hopefully Freemuse will print it on their newsletter.

SPAIN

CASES/NEWS

CENSORSHIP IN SPAIN

Article from International Basque Organization For Human Rights
January 2004

"When we think of musical censorship in these modern times, it is usually totalitarian governments that come to mind as the instigators. Censorship of music and film rarely occurs in modern day Europe, right? Wrong. It is alive and well in Spain. Not since the days of the Franco dictatorship have Basque musicians, filmmakers and media been subjected to such censorship.

Censorship of Basque musicians has occurred infrequently over the past ten years or so. One well-known case was against the rock group Negu Gorriak, who performed a song called "Ustelkeria" (Corruption). This song was about the accusation of the then chief of police of San Sebastian being involved with drug smuggling. The band members were prosecuted for this song and made to pay 15 million pesetas. The chief of police was subsequently found to be guilty of the drug charges. 8 years later, Negu Gorriak was declared innocent of their previous charges.

Over the past two years, censorship of Basque musicians in Spain has steadily increased. Groups such as Association for the Victims of Terrorism, a human rights group that receives grants from various ministries of the Spanish government, and the ultra-right wing group Espana2000 campaign relentlessly to cancel concerts. These groups use lawsuits and threats of uncontrollable demonstrations to forcefully pressure venue operators to cancel shows. Local government officials of Spain's Popular Party have jumped into the fray, taking it upon themselves to call for concert cancellations in their own towns.

The reasons given for censorship by the AVT are that "many of these words humiliate the victims". The AVT also takes issue with the bands using the term "political prisoner" in their songs, saying, "The only thing we are trying to point out is that freedom of expression has a limit". Some of the lines that the AVT takes offense with are:

"We close Egin with this system, Una, Grande y Libre. The police and all that crap are the cancer of this #$@% nation." - Berri Txarrak

"Like every week, she looks in the mailbox for a card from her son who is a prisoner in Spain, but instead she receives a cold call 'your son is dead with a rope around his neck' - Berri Txarrak from the song "Nation of Open Wounds"

The most recent bands to have their concerts cancelled due pressure by AVT, Espana2000 and the Spanish government's Popular Party are Su Ta Gar, Sociedad Alcoholico, Fermin Muguruza and Manu Chao, Berri Txarrak and Leihotikan.

Fermin has even been taken to court by AVT who claim that one of his most well known songs, "Sarri, Sarri" is pro-ETA and therefore illegal. This song has been performed for nineteen years, and tells about one of the Basque Country's most famous poets, Joseba Sarrionandia. Sarrionandia was in prison, accused of being a member of ETA, when he and a fellow prisoner escaped in the large speakers of a group who had just given a concert at the prison.

Berri Txarrak and Leihotikans latest concerts were cancelled in Madrid and Valencia, with the Madrid venue's proprietor stating"Due to the rarified situation created by the recent campaign of right extremist groups and various mass media against the Berri Txarrak and Leihotikan concert planned for January 10, 2004 in Madrid, and due to their arguments that the public, the artists and the organizers may be in physical danger, the people in charge of the Caracol Room have decided to cancel this musical concert. The group laments the situation that has been created, and hopes to offer its music soon to the Madrid public."

It is not just musicians being censored. Two of the directors of EITB, the Basque regional television station, are being charged as accessories to terrorism. The station aired a videotaped interview of two ETA members making a statement. There are also the cases of Basque language newspapers and radio stations being shut down, charged with aiding terrorists, then years later the cases being dropped. Too late for these media outlets; they are closed.

There was also the case of the documentary, The Basque Ball, Skin Against Stone. This documentary was created by one of Spain's most famous directors, Julio Medem, who is originally from the Basque Region. This documentary attempts to show the problems of the Basque conflict from all points of view and tries to find ways of reaching a middle ground. It debuted at the San Sebastian Film Festival amid much anticipation, and also howls of protest from the government of Spain and AVT. The Minister of Culture, Pilar Del Castillo, suggested that the film festival drop the documentary. This did not happen and the film opened to wide acclaim. Soon after, the documentary appeared at the London Film Festival. Representatives from the Spanish Embassy asked that the film be dropped from the festival. When the organizers refused, the Spanish government withdrew their traditional stipend that is given for the expenses of Spanish festival participants.

This is a dangerous road being traveled down in Europe. Whether or not one agrees with the message, in a democracy, all are supposed to have the right to be heard without the threat of violence and censorship. This is part of the duties of a democratic government."

For more info: www.euskojustice.org

.... ... .

National Lawyers Guild on Basque Issue

BINGO!

We are not alone, read this document by the National Lawyers Guild:

RESOLUTION ON HUMAN RIGHTS ABUSES IN THE BASQUE TERRITORY

WHEREAS the Basque territory is a geographic area, historically defined by its unique language, Euskera, to include four provinces in northern Spain and three in southern France with approximately 3.5 million people in a landmass the size of New Jersey; and

WHEREAS the adoption of the Spanish Constitution of 1978 was rejected by the overwhelming majority of the Basque people because of its failure to allow for their self-determination, and there are now more than 700 Basque political prisoners held in Spanish prisons, many expressing belief in an independent Euskal Herria (the Basque Country); and

WHEREAS there exists credible evidence of the use of torture by Spanish authorities as evidenced by the “Report to the Spanish government from the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment” and “The UN Special Rapporteur on Human Rights on the Question of Torture Report E/CN.4/2002/76/add.1or”; and

WHEREAS the organization, Torturaren Aurkako Taldea, has documented that 90% of Basque political prisoners are convicted based on information obtained under torture; and

WHEREAS the Spanish government’s practice of five-day period of incommunicado detention has been condemned by such groups as Amnesty International and United Nations Committee Against Torture for creating conditions that permit the use of torture while depriving detainees the right to access to a solicitor and doctor of their choice; and

WHEREAS the Spanish government’s policy of detention of prisoners for as long as four years without trial, often in isolation, is contrary to the right of the accused to trial within a reasonable period of time; and

WHEREAS the Spanish government has forcibly closed the newspapers Egin, Egunkaria, and Berria, and the radio station, Egin Irratia, as well as arrested their editorial and reporting staff without a trial on the criminal charges in over five years in one case; and

WHEREAS Spain has banned the political party Batasuna and barred its leadership from participation in other political groups again without a trial on the criminal charges in a reasonable time; and

WHEREAS the Spanish government justifies these restrictive measures as necessary to combat terrorism.

THEREFORE BE IT RESOLVED:

That the National Lawyers Guild calls on the United States to demand that the Spanish government respect the rights of the Basque people as guaranteed by the United Nations Universal Declaration of Human Rights, which includes the right not to be subject to torture or cruel, inhuman or degrading treatment or punishment, or to arbitrary arrests and detention; and to respect the presumption of innocence and the right to a public trial within a reasonable period of time; and

Further, the National Lawyers Guild calls on the United States to demand that the Spanish government respect the rights of the Basque people to freedom of opinion and _expression, including the right to impart information and ideas through the media, the right to peacefully assemble and the right to take part in government through their chosen representatives; and

Further, the National Lawyers Guild recognizes that while the Spanish judicial authorities justify the severe security measures to eliminate terrorism; they fail to realize that those who would profess to sacrifice fundamental rights in the name of security may ensure neither security nor justice; and

Finally, the National Lawyers Guild calls on the U.S. State Department, in its next annual country report on Spain, to call on the Spanish government to cease its abuses of the Basque people.

Adopted this the 25th day of October 2003 by the National Lawyers Guild.

.... ... .

Denouncing Violation of Rights

Today at Berria:

American Lawyers Guild denounces violation of rights

It has called on the United States Government to ask Spain to “respect the rights of Basque citizens”

Imanol Murua Uria – DONOSTIA (San Sebastian)

The National Lawyers Guild (NLG) has asked the State Department of the United States to request the Spanish Government “to respect the rights of Basque citizens.” The forum of 4,000 progressive lawyers of America has just held its yearly National Convention in Minneapolis, and has adopted a resolution denouncing the violation of certain basic rights in the Basque Country by the Spanish Government. The resolution will be forwarded to the United States State Department. The text approved in Minneapolis draws attention to the closing down of the newspapers Egin and Egunkaria, the outlawing of the political party Batasuna, and the complaints of torture, and calls on the United States Government directly “to ask the Spanish Government to respect the rights of Basque citizens as guaranteed in the United Nations Declaration of Human Rights.” This resolution points out that the UN Charter establishes the right “not to be subjected to torture, inhuman or degrading treatment and not to be arbitrarily arrested” and the right to the presumption of innocence. It likewise calls on the United States Government to request the Spanish Government to uphold “the freedom of opinion and expression of Basque citizens, including the right to disseminate information and ideas through the media.”

The resolution adopted last weekend has its origins in the work conducted by a group of delegates that was in the Basque Country and Spain from September 26 to October 1. In fact, a working group made up of members of the NLG and the European Association of Democratic Lawyers conducted interviews in Madrid and in the Basque Country to investigate the breach of international agreements on human rights that has taken place. In Madrid they saw Baltasar Garzon, the Spanish National High Court judge, and Maria Garcia, the deputy secretary of the Ministry of Justice, among others, and in the Basque Country they met with Martxelo Otamendi, chief editor of BERRIA, Mertxe Aizpurua, Gara’s editor, representatives of the Lawyers Guild of Bizkaia and the “Eskubideak” (Rights) Lawyers Association.

.... ... .

Interviewing Eoin Ó Broin

An interview with Eoin Ó Broin, the author of the book "Matxinada":

Interview with Eoin Ó Broin

An Phoblacht: When and why did you decide to write a book about the Basque country and its youth movements.

Eoin Ó Broin: During 1997 and 1998 I was the National Organiser for Sinn Féin Youth. At that time we were developing a number of international relationships with youth groups in England, Wales, South Africa, Catalonia and the Basque Country. The strongest and most interesting youth movements were in the Basque Country and particularly an organisation called Jarrai (To Continue). It seemed to me that they understood that in order to mobilise large numbers of young people, you had to take a youth-centred approach. In fact, they were mobilising thousands and thousands of young people, through a very effective mix of radical politics and popular culture.

After several visits to the Basque Country I realised that in fact Jarrai was just part of a much broader and diverse youth culture, involving networks of illegal radio stations, youth houses, rock bands, campaign groups, language groups and students. So around 1999, I decided to write a short pamphlet about all of this, to make people in Ireland aware of the radical Basque youth movements. However, after a while I realised that a bigger book was needed, in order to provide the reader with a history of Basque nationalism and an account of the present conflict with the Spanish and French states.

AP: So Matxinada is about more than the youth movements?

EÓB: Yes, while the primary focus is on the youth movement, I thought that it was important to provide the reader with a political and historical context in which to understand developments in youth culture. I also felt that while there is a lot of solidarity with the Basque struggle among Irish republicans, a lot of it is not based in any detailed understanding of the situation. This is primarily because there is a lack of reliable information on what is happening there. So about half of the book is devoted to the general situation.

There is a short introduction discussing existing literature and journalism on the Basque Country. There is a history of Basque nationalism from the end of the 19th century through to the death of Franco. The longest of the general chapters is an account of the conflict from about 1976 through the Socialists' period in power and covering the government of Aznar right through to 2003.

AP: Is this the first book to deal with this subject and period?

EÓB: Yes, in fact it is. Nobody has written about the youth movements at all, not even in Basque or Spanish, which is rather strange. Given the drift by young people away from politics right across Europe, you would think that someone would be interested in the Basque situation as an anomaly. I also think that it is very strange that no standard account of the recent conflict exists in English. If you go into any bookstore you will see a lot of introductions to the Palestine/Israel conflict, or indeed to the situation in the North of Ireland, but nothing on the Basque Country. So Matxinada is the first book to write about the youth movements and the first English account of political developments from 1976 to 2003.

AP: How have you separated your own political views from those in the book?

EÓB: I haven't. I think it's very important that this book is written from a standpoint of solidarity with the Basque independence movement and the radical youth movement. I make this very clear from the very beginning of the book and make no apologies for that. Most books have biases or take political sides in one way or another. For me, the question is just to be honest about where you position yourself. Having said that, I have tried to make sure that a wide range of political actors are quoted from the left and right of the Basque spectrum to the left and right of the Spanish state. The analysis is one which most radical left nationalists would agree with, but that doesn't mean that I exclude voices from other political positions.

I have also tried to present information which you would never find anywhere else, especially about state violence and repression, or the question of political prisoners. So Matxinada is neither an objective nor an academic book, it is a book written by a political activist about other political activists.

AP: So what have been your sources of information?

EÓB: I have relied on three main sources of information. Firstly, a small but valuable amount of historical research by specialist historians of Basque affairs. Secondly, lot of primary source material such as newspapers, reports, magazines, etc. And thirdly, I carried out about 30 interviews with spokespersons for a wide number of organisations and campaigns in September and October 1999. These interviews form the basis of the two chapters on the youth movements.

AP: I understand that some of these activists have been arrested since 1999?

EÓB: Yes, that's correct. 15 of the 30 interviewees have been arrested since 1999. Of these, about ten are still in jail, awaiting trial, while the others have been released on bail and are also awaiting trial.

The charges against these young people are really incredible. They are political activists like myself, but they are being accused of a whole assortment of things, primarily around the question of 'supporting an armed organisation'. However, their real 'offence' is to be politically active in the radical youth movements.

The strength of these movements is scaring the Spanish government, to the extent that since 1999, they have enacted three sets of laws primarily aimed at intimidating young people away from radical political activism. Most have spent between one and two years in jail. In effect this is a form of internment without trial, although in a more select form.

Organisations such as Jarrai are being banned, their national executives jailed. A new organisation springs up in its place (such as Haika), which in turn is banned and their new national executive is arrested. This has happened three times, with Segi the most recent victim. Despite all of this repression, however, Segi continues to organise and mobilise; it's quite incredible actually.

AP: The book also deals with recent events?

EÓB: Yes, there is a chapter that goes from 1976 through to this year. It traces the political life of Spain after the death of Franco and the rise to power of the socialist administration of Filipe Gonzalez.

These were very bad years for the Basque Country, particularly because of the state-sponsored murder gang GAL. However, much of this chapter focuses on the consequences of the rise to power of the right after 1996. The present government of Jose Maria Aznar has unleashed a wave of repression since 1997, starting with the imprisonment of the national executive of Herri Batasuna and the closure of the daily newspaper Egin in 1997 and 1998.

More recently he has overseen the closure of the Basque language daily newspaper Egunkarria and the illegalisation of Batasuna. This year's local elections, held a few months ago, were the first to take place since the death of the dictator which saw a political party banned. There have also been a large number of political demonstrations banned, under the most spurious grounds. In fact, last weekend saw the first State of Exception declared (for 30 minutes) since the mid 1970s. A State of Exception means that it is illegal to congregate in groups of more than two people. And this measure was taken to prevent a peaceful demonstration against the illegalisation of Batasuna.

The more you think about it, the more incredible it is that at the start of the 21st century, in the European Union, a member state can erode the most basic civil liberties without a sound from the international community. The right to free speech is gone. The right to freedom of assembly is gone. The right to vote is effectively gone. It's frightening and has serious implications for us all. If one EU member state can do this, then so can the rest.

AP: How do you see the political situation in the Basque Country developing in the coming period?

EÓB: It's hard not to be pessimistic at the moment. This autumn will see the beginning of what is known as the Macro Sumario, which is the large legal case against a number of political organisations. That will be followed by a slightly smaller set of proceedings against the various youth organisations that have been banned. These trials will last for a while and could see a large number of political activists receive large jail sentences.

In addition, the newspaper Gara, which replaced Egin after it was closed, is beginning to attract the attention of the Spanish authorities and some of its staff fear the worst. With no political party, no newspaper, no youth organisations, what the Spanish government are doing is closing all of the political means of expression and organisation that the left nationalism movement has at its disposal. This can only lead to more confrontation with the state and greater levels of violence.

I really think that the next number of years will be very hard ones in the Basque Country. There will be a lot of arrests, more torture, more legal sanctions and in turn more violence. It is almost inevitable.

AP: So the Basques need support more than ever?

EÓB: There is no doubt about it. In some ways, it is a little like Ireland during the early 1980s. Aznar's government is like Thatcher's in that regard - solely focused on repression and more repression.

If the political situation is going to change at all, then there needs to be more international pressure exposing the reactionary ways in which Aznar and his allies in the Spanish judicial system are dragging the Basque Country and indeed Spain into deeper cycles of conflict. There needs to be a realisation that what is going on in the Basque Country has implications for us all. So the Basques need our solidarity more than ever.

There is a determined effort in the international community to isolate and criminalise Batasuna and the political expression of left nationalism. Sinn Féin can play an important role in making sure that that doesn't happen. Irish republicans must continue to hold to the belief that exclusion, criminalisation and censorship are not acceptable, and in its place we must promote dialogue and respect for civil and human rights for all people.

AP: Finally, what do you hope your book achieves?

EÓB: There are two things really. Firstly, I hope that it enables people to understand the situation in the Basque Country a little better. Like I have said, solidarity can sometimes be based on romantic ideas, not reality, but it is important that when we support a people in struggle it is on the basis of the facts. Secondly, I think that all struggles have somthing to learn from others. And we have a lot to learn from the Basques, particularly in terms of their radical youth culture. These objectives might be a little grand, but if even in a small way people learn a little, then the book will have been worthwhile.

AP: One final question, what does Matxinada mean?

EÓB: You will have to read the book to find out.

Eskerrik asko Eoin, we certainly need more people like you in this word.

.... ... .

Sovereignty : Path to Freedom

This is an excelent article by Tomas Urzainqui:

Without sovereignty there are no rights

Tomas Urzainqui Mina

What is happening with the brutal closure of media outlets is not so much about another attack on freedom and the infringement of people's rights, which, of course, it is. It has more to do with something much profound and basic, the harsh confirmation of the lack of sovereignty.

Here we find ourselves before a complete example of a society without sovereignty. Without sovereignty there is no democracy and without democracy there is no real society, or what is the same, although it does exist, it is not recognized; it is useless and concealed. This is the real problem and nothing else.

Let's not get confused between the speeches of the bad jailers and the good jailers. Those who insist on accepting the social fracture, concealment, negation and division, are the dominant ones; sometimes helped by our own people, collaborators with complex characters who talk about a supposedly fragmented society in confrontation. But our society is not a closed society, divided and without liberties, but fundamentally, a society without sovereignty.

The lack of sovereignty is demonstrated by the inability to control and make decisions about any aspects that refer to the society itself, like the real inability to make decisions about linguistic, educational, media policy, cultural, economic, social or political matters.

The juridico-technical analysis of professors Iñigo Bullain and Juan Luis Crucelegui warned about the impossibility to exercise the economic, administrative and fiscal powers of the Basque Autonomous Community (CAV) and the Foral Community of Navarre (CFN) without being part of the European Union as a State, one that has been recovered. Definitely, this analysis has demolished the last argument of those in favor of the statute of autonomy.

Ferdinand Tönnies had already distinguished between the cultural community and the political society. Although our national political society is obviously denied by the Spanish state, it does exist; still, more or less, under anesthetic. This is a society that still suffers the direct aggression of the dominant society and its state apparatus, which we continue to suffer in a permanent state of exception that has the appearance of normality, only frightened by the renewed aggressions, like the closure of media outlets: the illegality of Euskalherria Irratia in Iruña, the closures of Egin, Egin Irratia, Ardi Beltza, Egunkaria…

Sovereignty, like life, health or freedom can't be negotiated or pacted. The European societies have demonstrated to be on the alert when it comes to the defense of their sovereignty. By standing up to the Bush administration's imposition, Germany and France have exercised their European national sovereignty.

Spanish society also suffers the lack of sovereignty. This becomes evident by the impossibility to get off the war train of Bush and to live in the political system of the prolonged late Francoism and its renewed nationalist and hegemonic ideals. The bipartite of the moment that supports those values is the demand by the pre-democratic regime that was imposed by means of the existing election law in the
Spanish state.

Our society suffers the lack of its own sovereignty by the imposition of the dominant societies and its respective states, the French and the Spanish, as well as the lack of sovereignty that the citizens of those states suffer in a greater or lesser degree.

In the limitation of sovereignty in the Spanish and French societies lies the cause that exerts its utmost influence, which is the need to exercise a permanent tutelage and control over the people of those societies ruled by a dominant power, be them Navarrese/Basques, Catalans, Galicians, Corsicans, Bretons or Occitans. But the corset with which to impose control over others also affects the ones who exercise domination.

Sovereignty is denied by the nationalist groups of the extreme right, with their political party, the Popular Party (PP), and their media outlets ABC or La Razon, but also the entire existing political system is structured and programmed to form and perpetuate the authoritarian design. This way, the so-called constitutionalism and their constitutionalists is nothing but the ideology that supported the pre-democratic regime that created a democracy that is not much different from the one the Francoist regime had in the sixties.

This tormented society should make a dramatic call on the other sovereign European societies. As Bertolt Brecht would say: misfortunes will be suffered first by your neighbors, then by you. Aviso para navegantes. Just as European society is on the verge of being dragged into the Iraq war, and if it doesn't manage to defend its sovereignty by stopping the Bush-Blair-Aznar imposition, it will see itself reflected in what is now happening to this society under the direct control of the Aznar regime.

.... ... .

Six More Months

This just in:

JUDGE JUAN DEL OLMO EXTENDS CLOSURE OF EGUNKARIA

Spanish judge extends provisional closure for another six months.

Egunkaria's workers promise 'a new journal.

Spanish Judge Juan del Olmo, from the Audiencia Nacional Court, decided on Monday evening to extend the provisional closure of Egunkaria.

According to Del Olmo, the Egunkaria newspaper (and the related companies Egunkaria SA and Egunkaria Sortzen SL) will not be opened for at least another six months. In addition, their accounts will be blocked for the same period of time. Furthermore the six people sent to prison have still not been released.

The Spanish Judge should have held a hearing ten days ago but he took the mentioned decisions without holding the hearing and now that the hearing has taken place Del Olmo confirms all the measures taken the previous days aimed to kill the newspaper, without any change.

According to Del Olmo Judge, " Egunkaria newspaper has been created and supported by ETA which controls the management of the newspaper and so his director and executives may be considered as belonging to a terrorist organization." .

Some of the documentary evidence he provides are such as public and official information taken in shareholder's meeting in 1993.

The magistrate's decision did not come as a surprise to Egunkaria's workers. Egunkaria's spokesperson, Joan Mari Larrarte, stated that the extension of the provisional closure has effectively condemned Egunkaria to death.

"Considering how things have developed since February 20th and the previous experience with Egin (a Basque paper shut down by Judge Garzon in 1998 and closed ever since), we suspected that the doors would remain closed".

However, Larrarte announced that a new journal will be born from Egunkaria's ashes. "They have closed Egunkaria, but Egunkaria's principles are alive and well and we will follow them in order to create the newspaper that the Basque Country demands and is waiting for. We will be putting all our efforts into this new project", said Larrarte.

.... ... .

Broad Campaign Against Basque Society

The closure of Egunkaria by the repressive Spanish state has been getting a lot of attention around the world, but there is one thing the international community needs to understand, the attack against Egunkaria and the torture suffered by 10 of its employees is far from being an isolated case. What took place a few days ago in Euskal Herria is part of a broad campaign set in place by Madrid to suffocate the Basque identity.

The text you are about to read talks about this Apartheid-like campaign:

Many Basque organizations, businesses and media had been closed or prosecutedbefore

This is not the first time that a Basque newspaper has been closed by a Spanish judge. Since Aznar´s Popular Party came to power in 1996, many Basque political or cultural organizations, businesses and media have been closed, declared illegal or prosecuted due to alleged ties with terrorism. The vast majority of these cases lead nowhere, are never even brought to court, and serve only to publicly discredit pro-Basque organizations.

This is not by no means exhaustive of those actions:

a.. AEK (Organization that works in the field of Basque language teaching and adult literacy. They have taught the ancient Basque language to thousands of citizens.) AEK was accused in 1998 of being part of the ETA's alleged "business network". A report by the judge-appointed administrator concluded there were no irregularities in AEK's management, and that the accusations made by the judge Baltasar Garzón were unfounded. At the end of 2001, the judge was forced to desist in his attempts to prove a link between ETA and the organization AEK.

b.. Egin and Egin Irratia (newspaper and radio station of the independence movement) were accused by judge Baltasar Garzón in 1998 of being part of ETA and were closed without trial. In 2001, the Fourth Section of the Penal Court decided to drop the main charges of "membership in an armed organization"; without this accusation, the preventive closing of a media organization is not possible. Five years later, however, both media outlets are still closed pending trial.

c.. The EKIN case (movement for the independence of the Basque Country): in 2000 the judge Baltasar Garzón accused this movement and four other groups to be part of ETA and declared them illegal, arresting 20 people. However, by December 20001 all of the people that were arrested in this case had been released on bail. Moreover, the Fourth Circuit of the National Court issued a decree ruling that these people had been held in prison for a year without sufficient evidence, once again discrediting Garzón's investigative work.

d.. Ardi Beltza (A magazine specializing in investigative journalism). The judge Garzón decreed in 2001 the closure of the magazine and imprisonment of its editor Pepe Rei. But Garzón received another setback when the Spanish National Court decided to release the editor Pepe Rei. In spite of all, the magazine is still closed.

e.. Zabaltzen (Basque book and music distribution business): In 2001, Garzón issued warrants to search the main offices of the company. Some months later the judge had to abandon this investigation.

f.. Haika (Basque youth movement for independence): In 2001 it was declared illegal by judge Garzón.

g.. Askatasuna (Movement in support of the rights of Basque prisoners): In 2001 Garzón declared illegal this movement too, and arrested 13 people.

h.. Batasuna (Political Party supporting the independence of the Basque Country; they get about 15% of the votes in Basque polls and many mayors belong to this party): In 2002 the judge Garzón decreed the suspension of all their activities under the accusation of being part of ETA.

What we find behind all these actions is that the Spanish Government is trying to take advantage of the Spanish people's rejection of the so called terrorism of ETA. By linking the Basque political and cultural movement with violence, Mr. Aznar's Government usually obtains electoral benefits in Spain, since it projects an image of firmness against terrorism. Most of these cases are eventually abandoned due to a lack of legal foundations, but often the damage caused to the people and organizations involved is irreversible. Arrests and searches are usually accompanied by extensive media coverage, but when the detainees are subsequently released and the charges are dropped, there is usually no mention of this in the media.

Besides, these political/police/judicial operations do not usually happen by chance. They always take place just before an election, or when the Government intends to adopt an unpopular measure, such as the "medicamentazo" (a decree that eliminates government health-care coverage for a large number of prescription-drugs), the "decretazo" (a decree that eliminates some of the fundamental rights of workers, and makes dismissal easier and cheaper for employers). It is not just by chance, then, that the actions taken against Egunkaria have occurred just when the Government of the PP (Popular Party) is going through its most delicate moment since coming to power, with everyone's eyes set on the ecological disaster caused by the Prestige oil spill and on the Spain's support for the upcoming war on Iraq.

Regarding the former, most of the Spanish people think that the disaster of the Prestige could have been much smaller and that in fact it was aggravated by the Popular Party's negligence, as was shown by the massive demonstration organized by the Galician platform "Nunca Máis" that took the streets of Madrid on February 23rd. As to the war, an overwhelming majority of the Spanish people is against an attack on Iraq: organizations, political parties and media are pressing the Spanish Government relentlessly on this issue, and they have it on the defensive. On February 15th, the marches against the war organized in Madrid and Barcelona gathered one million people each.

International experts agree that the actions of the Spanish Government and the Spanish judges can hardly be tolerated in a democratic state. Former Italian president Francesco Cossiga, for example, has declared several times that "since Franco's dictatorship and the nazi regime, this is the first time that the Spanish authorities have created a situation like this" or that the "PP's actions are antidemocratic and violate people's rights".

We cannot forget that although Mr. Aznar's Popular Party tries to situate itself in the center, it is the political heir to the Franco regime. The party's president and founder, Mr. Manuel Fraga, was the Minister for Information and Tourism as well as Home Minister during the Franco dictatorship. In the PP's web page (web del PP ) you can read that a "group of people met with Mr. Manuel Fraga Iribarne, in the need to create and articulate a reformist and centrist organization, in order to offer an alternative after Franco's death". Even Mr. Aznar himself and many of his ministers and party leaders are members of well-known francoist families. To read more about this, please visit here.

With respect to the Egunkaria case, apart from the difficult moment the PP is going through right now, we should highlight the fact that the Home Ministry and the National Court published a joint press release to explain the operation taken against Egunkaria. This action is a clear violation of the principle of separation of powers, as has been denounced in several quarters. There are two other remarkable facts about the case against Egunkaria. On one hand, the decade-old documents upon which the accusation is based are the very same that were used to shut down the Egin daily, only now the judge interprets them to refer to Egunkaria and not to Egin. On the other hand, the judge Garzon previously abandoned the idea of taking judicial actions against Egunkaria, having considering groundless the same police report that judge Del Olmo now uses as the foundation of his case.

Something tells me that Egunkaria will not be the last victim of Spain's all out (and often murderous) attack against Basque society.

.... ... .