Reduced Punishment for Iñaki

The Spanish regime on Thursday reduced the severity of the sentence for Iñaki de Juana Chaos, the Basque political prisoner who has been on a four-month hunger strike. The decision allowed Iñak de Juana to finish his remaining term in a Basque Country hospital and, if he recovers, at home.

Spanish Interior Minister Alfredo Perez Rubalcaba told the parliament that he made the decision out of "legal and humanitarian reasons" as doctors say that De Janua Chaos would die within weeks in an attempt to reduce the heat from the Partido Popular members although we all know he did not mean it because if it was up to him he would have Iñaki put in a dungeon.

De Janua Chaos, who was convicted by a fascist court of making terrorist threats and incitement to terrorism, will be under watch with a long-distance monitoring device and only be able to leave home with the permission of the Basque Country prison authorities.

The member of the pro-independence group ETA was jailed in 1987 for more than 3,000 years on counts of 25 murder cases, but had his sentence reduced to 18 years after appealing. Just before the end of his term, he received a new sentence of 12 years as a result of two articles he wrote for the Basque daily Gara, which judges ruled contained threats directed at jail administrators.

An appeal helped ease this second sentence to three years, of which he has served two. He halted his first hunger strike a few days before his appeal hearing, but resumed after the deliverance of the final verdict. He is now being held at Madrid's Oct. 12 Hospital, where doctors are force-feeding him via a tube running in through his nose and down to his stomach.

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Hunger Strike Continues

This note regarding Iñaki de Juana's hunger strike was published by EITB:

86-day strike

Prisoner on hunger strike determined not to eat until release

A few representatives of Basque culture visited Iñaki de Juana Chaos Wednesday. Writer Laura Mintegi said it's "horrific" to see how he is being "force-fed with his hands and feet tied."

A group of Basque writers visited the Basque prisoner Iñaki de Juana Chaos, on hunger strike since November 7, to denounce the fact that a judicial system, a Government and society admit that a person be "tried and sentenced for the use of the word." They also wanted to note that there's "a serious problem of democracy and freedom of expression" in Spain.

Writer Laura Mintegi spoke after visiting De Juana at Madrid-based Doce de Octubre Hospital to say "an inadmissible theory is being applied from a judicial and even human point of view," and that theory could be applied "to anyone from now on."

In turn, writer Fito Rodriguez noted that the body of law is being applied "depending on who writes, and not on what he writes," and affirmed that if the writer of the two articles were any journalist, writer or citizen "he wouldn't probably have had any problems."

Determined to keep on

In turn, Mintegi highlighted that even "physical" rights are being violated in this situation, and noted how "horrific" it is to see De Juana being "force-fed with his hands and feet tied."

Asked if De Juana will put an end to the hunger strike, Mintegi assured that he showed his determination not to eat. "He won't eat until he is not released and at home," she affirmed.

The writer also noted that De Juana voiced his pessimism with regard to the next decision by the Supreme Court following his appeal against the prison sentence, as he thinks he would stay in the same situation.

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De Juana's Health at Risk

An update on Basque political prisoner Iñaki de Juana.

It was published by EITb:

Basque prisoner De Juana's mate notes sudden death risk

Basque prisoner Iñaki de Juana Chaos' partner, Irati Aranzabal, affirmed for the public radio station Radio Euskadi that doctors told her the inmate runs the risk to die a sudden death.

At the time being, De Juana has his hands and feet tied and has been fitted a catheter to feed him against his will.

Likewise, Aranzabal said doctors assured "the risk" of Iñaki de Juan Chaos' death "is there."

That is why she demanded "to start to do something now, because no one can stand this situation." After noting that she doesn't want "a coffin at home," she reminded that the situation of the prisoner "is very serious" and demanded his release, "because it's time for him."

Iñaki de Juana Chaos is on the 37th day of his second hunger strike in a few months to protest the 12-year sentence he was passed for writing two opinion articles in the Basque daily Gara.

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Iñaki's Saga

We received this information thanks to our friends at Behatokia:

Iñaki de Juana, a continuum of rights violations

In the previous report, we referred to the various manoeuvres carried out in order to prevent Basque political prisoner Iñaki de Juana’s release. His situation led him to go on a hunger strike for 63 days. On October 26, the trial against him took place in the /Audiencia Nacional/, a special Court in Madrid. The Basque prisoner was facing a Prosecution request of 96 years in jail for a crime of “threats” and another of “membership of an armed organisation” because of two articles he sent to the Basque daily, Gara. During the trial, the State Prosecutor considered he had already served his sentence for “membership” so he dropped this charge and reduced his request to four years in jail for “glorifying terrorism” or, alternatively, a crime of “threats” for which the tribunal could sentence him to 13 years.

The defence counsel requested De Juana be acquitted because “the charges have not been proven at this trial”, adding that what is being used against the Donostia-born prisoner is a “criminal law for the enemy”, whereby “what is put on trial are not events, but the person”. During the trial, Iñaki de Juana explained that the content of the articles was “purely political critique” and their aim was “to denounce and inform the public about the injustice” suffered by Basque political prisoners. After stating that he could not see where anyone could find any threats in the contents of his articles, he appealed to his right to exercise freedom of speech.

Days later, the court decision was published; it sentenced Iñaki de Juana to 12 years and 7 months in prison (as well as some other additional penalties) for a crime of “issuing terrorist threats”. This crime requires, amongst other things, a serious, real, specific threat, based on the will of the issuer, etc. aimed at subverting the constitutional order or seriously breaching the peace. None of these aspects can be found in the texts. Therefore, it can be seen how in Spain, as in Guantanamo, there are situations which take us back to the time of the inquisition and which show what the criminal law for the enemy is, tailor-made, and based on hatred and revenge.

In this situation of absolute injustice, on November 7 Iñaki de Juana began another hunger strike, which is adding to the 63 day strike he had ended only a few weeks earlier, after having lost 24 kilos (3st, 5lb).

At the beginning of his protest, De Juana asked the management of Aranjuez Prison to “be held in isolation and receive no visits”. The same source stated that this request was aimed at “preventing speculation about his breaching his fast” as certain Spanish media had done during his previous strike.

Shortly later, the Spanish Penitentiary Institutions asked the /Audiencia Nacional /for permission to control the state of the Basque prisoner. An /Audiencia Nacional/ decision allows medical tests to be carried out on Iñaki de Juana, including his admission to hospital, against his will, as well as “any internal control measures believed necessary”. In their decision, magistrates Manuela Fernández, Paloma Pastor y Ricardo Rodríguez acknowledge that with these measures they are limiting De Juana’s fundamental rights. On Friday, November 24, Iñaki de Juana was admitted to the Doce de Octubre hospital, after several tests carried out, again, against his will.

When De Juana began this hunger strike, he weighed 70 kilos (11 stone) and during these first 20 days he has lost between eight and nine kilos (17-20lb).

This is the last resort left to the Basque prisoner in order to protest against the evident persecution orchestrated against him, to denounce the frantic fabrication of charges to prevent his release by all means and, at the end of the day, to demand his right to be released. At this time, Iñaki needs solidarity. We must veil for his physical integrity and demand his immediate release.

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De Juana's Gratitude

This article about the decision by Basque political prisoner to end his hunger strike comes to us via EITb:

ETA prisoner says he didn't end hunger strike for health condition

The prisoner affirmed he decided to put an end to his hunger strike as he knew about "the fight under way" in solidarity with him and "the group of Basque political prisoners."

Iñaki de Juana Chaos said in a letter published Tuesday, October 10, by the Basque daily Gara and dated October 8 that his health condition was not the reason why he put an end to the hunger strike he started on August 7. He affirmed that was a secondary issue.

De Juana Chaos specified that he decided to feed "voluntarily" after he knew about "the fight under way" in solidarity with him and "the group of Basque political prisoners," the "countless" petitions he received to put an end to the hunger strike, and the compromise of Basque society while demanding the "return" of all Basque prisoners.

Furthermore, he requested "all Basque society" to "pull out" every Basque prisoner from Spanish and French jails, and voiced his gratitude for the "solidarity" received. He also pointed out that he will retain his "compromise" to fight "for the same principles and values" that led him to start the hunger strike.

For the time being, De Juana is still being treated for physical problems arising from the 63-dy hunger strike.

De Juana started to be force-fed by order of the Spanish National Court on September 19.

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Solidarity with Basque Hunger Striker

We received this urgent call for action from the Belfast Basque Committee:

PROTEST RALLY SATURDAY 23RD 12.30PM AT EUROPEAN COMMISSION OFFICE, WINDSOR HOUSE, BELFAST

URGENT ACTION NEEDED

BASQUE POLITICAL PRISONERS ON 44 DAYS ON HUNGER STRIKE

On August 7, Basque political prisoner Iñaki de Juana Chaos began a hunger strike to demand his right to be released. Iñaki de Juana should have been released on October 25, 2004, after serving his sentence in full and having spent 18 years in jail. However, the Magistrate at the First Penal Court of the Spanish Audiencia Nacional (Spanish Special Court) Gómez Bermúdez, issued a decision dated October 22, attempting to contest the remission Iñaki was entitled to and to stop his release .

In view of the impossibility to maintain this line of argument, the judge decreed his remand in custody for an alleged crime of membership of an armed group and terrorist threats.

The basis for the accusations were two opinion articles the prisoners sent to the daily Gara . This is depsite Audiencia Nacional judge Santiago Pedraz finding where Iniakde Juana expressed his support for the Basque National Liberation Movement –BNLM- which "is not comparable to ETA". He added that "this movement is not defined as a terrorist organisation" and therefore the crime of issuing terrorist threats was not proven.

Following this decree the Spanish media unleashed a campaign against the judge's decision.The Spanish Minister for Justice, stated "we shall build new charges so that they are not released!" The State General Prosecutor, Cándido Conde Pumpido, said "we shall continue to oppose his release insofar as it is legally possible" and appealed Pedraz's decision. As such a new request for a 96 year prison sentence was put forward by these bodies.

In these circumstances, Iñaki believes he has no other way forward but to go on an open-ended hunger strike, even if he it takes him to his death. Therefore, we are calling for active solidarity towards Iñaki and we are issuing a call to international public opinion to denounce the lack of legitiamacy of the new charges against him and to demand his right to be released.

This is a call to all groups and people in solidarity, to express their protest to Spanish consulates and embassies and to send their messages to the addresses of the following people, directly responsible for Iñaki de Juana Chaos' situation.

HELP SAVE INAKI’S LIFE!!!

~SEND SOLIDARITY MESSAGES TO INAKI THROUGH: irishbasques@hotmail.com

~BELOW PLEASE FIND A DRAFT LETTER THAT CAN BE COPIED AND SENT TO THE FOLLOWING ADDRESSES (by email or by post) OUTLINING YOUR SUPPORT FOR INAKI DE JUANA AND YOUR OPPOSITION TO THE CLEAR ABUSE OF HUMAN RIGHTS BY THE SPANISH GOVERNMENT.

(Spanish Embassador in Ireland)
D. José de Carvajal Salido
Spanish Embassy in Ireland
17A, Merlyn Park, Ballsbridge Dublin
Tel: 269 16 40
Fax: 269 18 54
Email: embespie@mail.mae.es.


(Spanish Prime Minister)
José Luís Rodríguez Zapatero
Presidente del Gobierno Español
Palacio de la Moncloa,
Avda. Puerta de Hierro, s/n.
28071 Madrid
España
jlrzapatero@presidencia.gob.es
Fax: 0034 913900217

(Spanish Special Court's President)
Carlos Divar Blanco
Presidente Audiencia Nacional
C/ García Gutiérrez, 1
28004 Madrid
España
Fax: 0034 913973381

(Spanish Prisons' Director)
Mercedes Gallizo Llamas
Directora General de Instituciones Penitenciarias
C/ Alcalá, 38-40
28014. Madrid
España
Fax: 91 335 40 52

DRAFT EMAIL/LETTER:

We the undersigned are calling for the immediate release of Iñaki de Juana and that the call for 96 years by the the Third Section of the Audiencia Nacional Penal Court in prison clearly is an abuse of fundamental human rights. Given the fact that Inaki de Juana has already served 18 years in Spanish prisons and as such is entitled to remission and therefore immediate release it is imperative that Iñaki de Juana is released without further delay.

Iñaki de Juana should have been released on October 25, 2004, after serving his sentence in full and having spent 18 years in jail. However, the Magistrate at the First Penal Court of the Spanish Audiencia Nacional (Spanish Special Court) Gómez Bermúdez, issued a decision dated October 22, attempting to contest the remission Iñaki was entitled to and to stop his release violating the universal right to release of those who have served their sentences in full.

At a time when there is a possibility of real and meaningful dialogue in the Basque Country in the search for a resolution to the conflict this decision is of no benefit to the chances for a lasting resolution in the Basque Country and any goodwill by the Spanish Government. We are also appealing that the declaration by Audiencia Nacional Judge Santiago Pedraz, who rejected the charges brought against Iñaki de Juana, be respected and that political interference with the judicial process is ended.



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