A recent challenge by the Spanish Public Prosecutor’s Office to decisions made by the Basque Government regarding the release of ETA prisoners has reignited a sensitive debate over the handling of former militants and the needs of victims. The intervention centers on the granting of ‘third-degree’ status – allowing prisoners to leave jail during the day for work or volunteer activities – and the application of Article 100.2 of the Penitentiary Regulations, which provides a pathway to semi-freedom.
The Fiscalía de la Audiencia Nacional (National Court Prosecutor’s Office) formally opposed the progression granted last week to Asier Arzalluz ‘Santi’, convicted of multiple crimes including the murder of José Luis López de Lacalle. The Prosecutor’s Office argued that insufficient time has passed to adequately assess whether Arzalluz’s “evolution” meets the necessary requirements and “prudence criteria” for serious offenses. This decision results in Arzalluz’s return to Martutene prison.
Beyond Arzalluz’s case, the Prosecutor’s Office also protested not being informed about the semi-freedom granted to Garikoitz Aspiazu ‘Txeroki’. While the Basque Department of Justice maintains that the Vigilancia Penitenciaria (Prison Supervision) court was notified on – three days after Txeroki’s initial release – and that It’s the court’s responsibility to inform the Prosecutor’s Office, the lack of direct communication has fueled criticism.
These two cases have sparked considerable distress among victims of the terrorist organization and highlighted the differing approaches employed by the Basque Government to facilitate the easing of sentences for ETA members. The ‘third-degree’ status allows for appeals by the Prosecutor’s Office, while Article 100.2 offers limited recourse, with the Vigilancia Penitenciaria court holding the final decision-making power. Since the Basque Country assumed responsibility for prison management, approximately one hundred such progressions to ‘third-degree’ status have been granted, with the majority receiving judicial approval, though not all.
The Prosecutor’s Office, in its assessment of Arzalluz’s case, acknowledged that the administration had positively evaluated aspects such as his request for forgiveness to the victims and his stated commitment to repairing the harm caused. However, Carlos García Berro, the Coordinator of Penitentiary Supervision for the National Court Prosecutor’s Office, argued that it is still too early to grant the progression. He emphasized that the effectiveness of such adaptations must be evaluated based on sustained behavior and participation in a treatment program.
Berro further stated that Supreme Court doctrine requires a “consistent temporal evolution” and a “consolidated process,” not a “recent change.” He believes that a period as short as three or four months is insufficient to demonstrate stability, prolonged evolution, or verified changes, and does not meet the prudence criteria for serious crimes.
In , the Prosecutor’s Office previously overturned the progression of Juan Carlos Iglesias Chouzas ‘Gadafi’, acknowledging his “very favorable evolution in penitentiary treatment” but maintaining that the “ends of the criminal process” could not be overlooked. Despite having served three-quarters of his 30-year sentence, the total of his imposed penalties exceeded 1,123 years, and the gravity of his offenses necessitated caution.
The situation surrounding ‘Txeroki’ differs. Having been granted semi-freedom under Article 100.2 on , the Prosecutor’s Office stated it had not received the resolution regarding its application. The Basque Government insists that all relevant information was forwarded to the Vigilancia Penitenciaria court on , and that it is the court’s responsibility to inform the Prosecutor’s Office. The Prosecutor’s Office will now submit a report, but lacks the power to appeal the decision, leaving the final determination to the judge.
The granting of these privileges to former ETA members comes amidst a broader context of declining prison populations for the group. Data suggests that approximately 80% of ETA prisoners are expected to be released within the next five years upon completing their sentences. This trend, coupled with the differing interpretations of regulations and the perceived lack of transparency in the process, continues to fuel tensions between the Basque Government, the Spanish legal system, and victims’ associations.
The case of Inés del Río, a convicted ETA militant released in following a ruling by the European Court of Human Rights, set a precedent for potential releases. The court condemned Spain for applying the “Parot doctrine,” which limited sentence reductions, and ordered her release with compensation. This ruling opened the door for dozens of other ETA prisoners to potentially seek release, a prospect that continues to generate controversy.
ETA, founded in 1959, was a Basque nationalist and separatist organization responsible for over 850 deaths and numerous injuries during its decades-long campaign. The group formally dissolved in , but the legacy of its violence and the ongoing debate over the treatment of its former members remain deeply divisive issues in Spain.
