Demonstrations in Bilbo

By Jernej Letnar


Every Friday demonstrators throng the streets of Bilbao in the Basque country (Euskadi Herria), asking for Basque political prisoners to be returned to the prisons in Euskadi. The protesters, led by relatives of the prisoners, want more than 700 imprisoned Basque Political Prisoners transferred to the prisons in the Basque region. Some of the prisoners are as far away as the Canary Islands, with others held in Madrid and in southern Spain. Their families say that the situation places an unfair burden on them, forcing them to travel hundreds of kilometres to visit their relatives. In last twenty years more than 25 relatives were killed on the Spanish roads in their way to visit them.

Comments

Ole Windahl Pedersen said…
A number of interests appear pertinent when considering the geographical placement of prisoners. Firstly, the need to secure conformity between the conditions laid down in the court judgement sentencing the person and the facilities available in the prison where the inmate is to serve time, e.g. level of high security or medical facilities if the inmate requires special treatment in these aspects. Secondly, the public interest in securing that these facilities are sufficient and in place to secure that the inmate actually “enjoys” such facilities, e.g. where there is a strong public interest in keeping dangerous criminals in so-called high-security facilities. Thirdly, the inmate himself may have an interest in being placed in particular facilities, e.g. where he fears for his own health and well-being in. All this is to say that, while it is far from certain that relatives of prison inmates have any rights to visit inmates (the opposite is most likely the case as prisoners are to some extent entitled to receive visitors) the call from the relatives appears selfish. Although it would not be surprising if lawyers would gather to offer assistance in supporting an Article 8 claim arguing that the long distances constitute a de facto denial of right to respect for family life, it appears that more relevant reasons would justify placing the prisoners where they are actually serving their sentences.


Now, I am not sure what the term ‘political prisoners’ cover in Spain. Given that the post refers to the Basque part of Spain, it appears likely that the prisoners would be affiliated with ETA (Euskadi Ta Askatasuna, the Basque terrorist organisation that is listed as one such by the UN and EU and is alleged to have killed more than 800 people) and its political wing Batasuna, which is banned under Spanish law. In this light, could it not be the case that the prisoners are subject to special requirements of high-security? If this is the case, public interest would justify having the prisoners serving sentences in such facilities rather than in local facilities for the convenience of their relatives.
29 August 2007 at 16:37
Unknown said…
I have to agree with that sentiment as well. Though a case might be made for Basque independence, I cannot condone their methods, which includes terrorist attacks and bombings. I do not fault Spain for not housing the prisoners in the region, as in the 90's at least one prison guard was murdered during a protest.

25 relatives may have been killed during the past 20 years, but how many innocents were killed because of the violent separatists' methods?
2 September 2007 at 18:27
Jernej Letnar said…
I was referring to the Basque political prisoners. Some of them have been detained incumminicado for more than four years without any court order for taking part in Basque cultural organisations for which Madrid government claims that they have links with ETA. Those alleged links have never been proven before the court of law. Your description of the situation in the Basque country appears too simplistic. I have heard and seen many accounts of terroristic acts from both sides, and I am perplexed why only one side gets media attention for its henious acts. No state in the world has so far condemned state terrorism, This is not to condone any forms of terrorist activities from any side.
10 October 2007 at 12:22
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