Basque National Liberation Movement Prisoners

Basque National Liberation Movement Prisoners are all those people who have been jailed, placed on remand, or otherwise kept in custody due to their activity in support of the illegalized elements of the Basque National Liberation Movement (MLNV using the Spanish abbreviation), notably ETA and organizations linked to this armed group.

Most individuals linked to the MLNV currently serving out their sentences in jails in Spain, France and other countries were members of Euskadi Ta Askatasuna (ETA) at the moment of their arrest, and have been convicted of a range of crimes such as murder, attempted murder, participating in terrorism, kidnapping or for being members of ETA. Others are not members of ETA but have been jailed for collaborating with it, or have been convicted of other crimes such as belonging to illegal organizations like Gestoras pro Amnistía or SEGI, belonging to or trying to rebuild banned political parties such as Askatasuna and Batasuna, participating in Kale borroka, or for the "public glorification" or "apology of terrorism", an offense incorporated into the Spanish criminal code in 1995 and later, which carries a sentence of up to two years. Many supporters of the Basque nationalist left consider ETA and MLNV convicts currently in Spanish and French prisons to be political prisoners, the majority of whom are represented by the Basque Political Prisoners Collective (EPPK under its Basque acronym). Some organizations like Etxerat have spent many years campaigning for a general amnesty to be granted to all these prisoners.

Since the late 1960s tens of thousands of MLNV activists have been detained, and several thousands of those imprisoned. Up until 2003 an estimated 30,000 activists had been arrested, 8,172 of whom were accused of being members of ETA.^[1]

A notable convicted MLNV leader who has not been directly involved in terrorist activities was Arnaldo Otegi, who was released in March 2016 after six years in jail.^[2] Over the past years, Otegi has been convicted of multiple offenses including glorifying terrorism, being an ETA member and attempting to re-establish an outlawed organization (Batasuna).^[3]

History

The number of prisoners related to the Basque National Liberation Movement has varied over the years as can be seen in the following bar chart. It begins in 1978, after the amnesty of 1977, which made it illegal to bring to trial any Franco era crime, and also gave amnesty to all prisoners who had committed crimes with a political root during Franco's dictatorship and the Spanish transition to democracy.^[4][5]

The data for the bar chart comes from Etxerat, the association of family members of these prisoners,^[6][7][8][9] and the EPPK (Euskal Preso Politikoen Kolektiboa).^[10] However it should be noted that some prisoners choose not to be part of Etxerat, or have been expelled, and so the number of Basque National Liberation Movement prisoners is approximately 7% more than these figures. For example, in 2005 Etxerat reported 507 prisoners were held in Spanish prisons, while the Spanish prison service stated that there were 544 related to ETA.^[11]

For consistency the Etxerat figures have been used in the bar chart and they give a good indication of how the number of prisoners has changed over the years.

Current situation

According to Etxerat there are currently 382 people imprisoned due their activities in support of ETA or organizations linked to ETA. One is in Portugal, one in Switzerland, 84 in France and the remaining 296 are in Spain. Four are under house arrest, with the rest being held in prisons. 63 are women, and five of these have babies with them.^[6]

Dispersion policy

In 1989 the Spanish government began a policy of dispersion of Basque prisoners throughout Spain. The purpose was to restrict communication between ETA and its prisoners and to demoralise them.^[12] At the beginning some prisoners were even sent to North Africa and the Canary Islands, but during ETA's ceasefire in the late 1990s those prisoners were brought back to the mainland, and even after the ceasefire ended they were kept there. Several times prisoners have been brought nearer to the Basque Country as a response to an ETA ceasefire. For example, in September 1999, 105 prisoners were sent to prisons nearer the Basque Country in response to ETA maintaining its ceasefire for over a year.^[13] However, prisoners have also been sent further away in response to ETA violence.

The policy has been maintained over the years, generally sending the more dangerous or high ranking individuals to prisons furthest from the Basque Country.^[14]

2014 marked the 25th anniversary of this policy, which has been hailed as a great success by the Spanish government, especially in the light of the 2011 declaration by ETA of a permanent ceasefire.^[15] France has taken a similar approach, spreading the prisoners throughout the French prison system.

The families of the prisoners view this policy as punishing them, as they are forced to travel large distances to visit their imprisoned relatives. They say that the distances they need to travel cause stress, is financially draining and that every year there are accidents involving family members while traveling to or from prisons.

The maps below show where current prisoners are held.

There have been many demonstrations calling for all these prisoners to be moved to prisons in the Basque Country.^[16] Currently there is a highly publicised campaign calling for this. Its slogan is "Euskal presoak- Euskal Herrira" ("Basque prisoners- to the Basque Country"). It has widespread support within the Basque Country.^[17][18] Ill prisoners also regularly ask to be transferred to prisons in the Basque country.^[19] However, in the rest of Spain, there is a strong rejection of this campaign. Mariano Rajoy, the Prime Minister of Spain, said in 2011 that he would not consider ending the policy until ETA declares its disbandment.^[20]

EPPK

Euskal Preso Politikoen Kolektiboa (EPPK) is a collective which speaks and negotiates for, and has as members the majority of these prisoners.

Originally this role was played by La Comisión Pro Amnistía and La Gestora Pro Amnistía, both of which were dissolved after the general amnesty in 1978.^[21] In 1979 Gestoras pro Amnistía was created to take their place. After this was made illegal in 2001 Askatasuna took on the role,^[22] but was itself made illegal in 2002.^[23] In 2008 twenty-one members who had run Gestoras pro Amnistía were jailed for between 8 and 10 years each.^[24][25] In 2011 the former head of Askatasuna, Oihana Agirre was given a 12-year sentence.^[26]

Since the illegalization of Askatasuna the EPPK and Etxerat have spoken for the prisoners and campaigned for amnesty to be granted to them. The EPPK is said to control prisoners strictly and demand they follow its orders. Prisoners who refuse orders from the EPPK have been ostracized.^[27]

It is thought there are broadly 2 groups within the prisoner population. One group has long sentences yet to serve, who would prefer a group negotiation for amnesty. The other group consists of prisoners with less time to serve before being released, and they might be interested in applying for better conditions or for limited release.^[27][28]

In 2012 the EPPK was criticized by former prisoners for insisting on amnesty for all prisoners and denying many prisoners the option of improving their own situation through other legal means.^[29] In December 2013 the EPPK announced that it was dropping its long standing demand for amnesty of all prisoners, and so opened the door for prisoners to negotiate individually for better conditions.^[27]

However, in July 2014 it was reported that no member of the EPPK had begun individual negotiations, and it was believed that the EPPK was still following an alternative strategy. ^[28]

High-profile prisoners

Rafael Díez Usabiaga, who was previously a member of the Basque Parliament and also of the Spain's Congress of Deputies, has been in prison since 2011.^[30] He was given a 10-year sentence, but on 9 May 2012 had his sentence reduced to 6½ years by the Supreme Court of Spain when it decided that he was not a leading member of ETA.^[31][32][33]

Until March 2016 Arnaldo Otegi, who was convicted with Usabiaga, was also held in prison. The campaign for his release received support from Desmond Tutu and José Mujica, amongst others.^[34]

Hunger strikes

There have been many hunger strikes by Basque prisoners. None have led to the death of a prisoner.

Here is a list of some of them:

• In June 1974 thirteen prisoners in Basauri prison began a hunger strike. It lasted 13 days.^[35][36]
• In September 1974 one prisoner in Zaragoza prison took part in a 16-day hunger strike and was hospitalized.^[37]
• In October 1974 thirteen prisoners in Basauri prison began another hunger strike.^[38]
• In December 1974 six prisoners took part in a hunger strike in Zaragoza prison.^[39]
• In September 1976 twelve prisoners began a hunger strike in Burgos prison to protest at the conditions of the prison and their treatment.^[40]
• In December 1976 eleven prisoners began another hunger strike in Burgos prison.^[41]
• In August 1977 seven prisoners from Carabanchel and Martutene prisons took part in a hunger strike.^[42]
• In May 1978 nine prisoners held in Pamplona prison held a 17-day hunger strike.^[43] It was to support the Pro-Amnesty week, and demand a general amnesty.
• In October 1980, 43 prisoners took part in a hunger strike to complain about harsh treatment in the prisons of Soria and Zamora.^[44]
• In February 1981, 108 prisoners in Carabanchel prison began a hunger strike in protest at the torturing to death of fellow inmate Joxe Arregi.^[45]
• In September 1982, 74 prisoners in Puerto Santa Maria prison began a hunger strike.^[46]
• In February 1984, two prisoners in Fresnes prison, in France held a month-long hunger strike.^[47]
• In June 1986 almost 100 prisoners held in Herrera de la Mancha prison took part in a hunger strike to demand amnesty.^[48][49]
• In November 1987 over 100 prisoners from six prisons declared a hunger strike to protest "against the repression of the Basque people, and for political negotiations".^[50]
• In December 1988 three prisoners in French jails took part in a month-long hunger strike, and were hospitalized.^[51]
• In April 1991 seventy prisoners in Herrera de la Mancha prison began a hunger strike to complain about being separated from each other within the prison.^[52]
• In June 1991, thirteen prisoners in El Salto del Negro Prison, in the Canary Islands began a hunger strike in protest at the "minimal living conditions" in the prison.^[53]
• In May 1992, twelve prisoners in El Salto del Negro Prison, in the Canary Islands, held a month-long hunger strike.^[54][55]
• In July 1992, nine prisoners in Puerto 2 prison, held a hunger strike to complain about conditions in the prison.^[56]
• In September 1994, 250 prisoners began a hunger strike.^[57]
• In July 1996 Iñaki Olaskoaga Múgica, imprisoned in Uzerche prison in France, undertook a hunger strike to demand that Basque prisoners be imprisoned together in a Basque prison. After 23 days he was transferred to hospital.
• In October 1998 four prisoners in La Sante prison in Paris went on hunger strike to protest against the planned extradition of one of them to Spain after completing his sentence in France.^[58]
• In May 2000, 300 prisoners ended a 7-month-long hunger strike.^[59]
• In August 2006 José Ignacio de Juana Chaos began his first hunger strike which lasted 63 days. It was to protest against him being accused of making terrorist threats in two letters written from prison just as he was about to be released after 17 years inside.^[60] In November of the same year he was given a 12½ year sentence for writing those letters.^[61] In protest at the sentence he began another hunger strike which ended on 1 March 2007 after 114 days.^[62][63] He began his third hunger strike in July 2008 in protest at the Spanish authorities confiscating the apartment his wife had bought from his mother, and where he was planning to live on leaving prison.^[64]
• In January 2010 Lorentxa Gimon began a hunger strike to protest against her isolation in the French prison where she was. It began before and independently of the mass hunger strike which began later in January.^[65]
• In January 2010 there was a mass hunger strike by all 742 prisoners belonging to the collective of Basque prisoners (EPPK). It was to complain about the policy of dispersion.^[66]
• In October 2010 six prisoners began a 15-day hunger strike in Murcia prison to demand that they all be kept in the same part of the prison, and to complain at the unhygienic conditions of the whole prison, including a plague of rats in the kitchen and dining room.^[67]
• In February 2012 Ibon Goieaskoetxea and Borja Gutiérrez began a hunger strike in protest of the imminent transfer of Goieaskoetxea to another prison in France.^[68]
• In August 2012 a hunger strike was begun to protest at the Spanish authorities refusal to let Josu Uribetxeberria, a jailed ETA member who had terminal cancer, from returning home to die.^[69] It began with 100 prisoners in Spain, including Arnaldo Otegi, and they were joined by 91 from French prisons.^[70] By 13 August 254 prisoners had joined the hunger strike.^[71]
• In October 2013 fifteen Basque prisoners in Seville prison began a hunger strike to protest against their incarceration so far from home and their families.^[72][73] Thirteen of the prisoners continued the hunger strike for 32 days.^[74]
• In June 2015 seven prisoners held in Fleury-Mérogis Prison went on hunger strike to protest at the reduction in the number of visits they can each receive, from four every month to two.^[75]
• In May 2016 a hunger strike was held for 19 days by several prisoners in Fresnes prison in France in protest at Itziar Moreno being placed in isolation.^[76]

'Via Nanclares'

'Via Nanclares' is a project to allow ETA prisoners to gain better conditions in prison and eventually to be released on condition they fulfill certain conditions. The core of these conditions is that they distance themselves from ETA, ask for forgiveness, and agree to pay compensation for their actions. Its purpose is to break the control the EPPK (Euskal Preso Politikoen Kolektiboa) has over these prisoners and the strict discipline it imposes.^[77] Part of this discipline for example, demanded that amnesty of all prisoners was to be sought, and that individuals could not seek ways to reduce their own sentences. Anyone doing so would be ostracized. The 'Via Nanclares' project was thought up by Alfredo Pérez Rubalcaba and set in motion by the then Prime Minister José Luis Zapatero in 2009.^[78] It takes its name from the old Nanclares de Oca prison in the Basque Country, where these prisoners were to be sent. In 2011 that prison was replaced by the new 720 cell Zaballa prison, built close to it.^[79]

With the change of government in Madrid in November 2011 the 'Via Nanclares' was temporarily closed, but is now in use again. It requires prisoners to:

• Distance themselves from ETA.
• Accept prison policy.
• Leave the collective of Basque prisoners (EPPK).
• Publicly denounce ETA and the use of violence.
• Ask for forgiveness from the families of their victims, if there are any.
• Agree to pay compensation, if damage has been caused.
• And lastly to collaborate with the Spanish judicial system in the fight against terrorism.^[80]

When ETA declared its permanent ceasefire in 2011 twenty two prisoners had opted for this option.^[81] However, Mikel Buesa claimed that 68 prisoners had started the 'Via Nanclares' by 2012, with 30 managing to be sent to Nanclares prison.^[82] The first to be released through the 'Via Nanclares' were José Manuel Fernández Pérez de Nanclares and Fernando de Luis Astarloa in 2012.^[83] Prisoners who have chosen this way to improve their conditions have all found themselves ostracized by the radical nationalist community they were formally part of.^[27] Many prisoners have been reluctant to pursue the 'Via Nanclares' for this reason.

The 'Via Nanclares' was closed at the end of 2011 when the Partido Popular won the general election. The new government initiated a different project to rehabilitate prisoners, but only one person used it.^[78]

In 2014 Spanish judges opened up the way for prisoners, who had been on the 'Via Nanclares' when the project was stopped, to continue the process. So far 3 have been given permission to leave prison during daytime, and a further 8 have been given permission to spend 18 days away from the prison in every 6-month period.^[78]

The Parot doctrine

In October 2013 the European Court of Human Rights (ECtHR) condemned Spain over its continued detention of Inés del Rio. She was due to be released in 2008 for good behaviour after 21 years in prison, but in 2006 Spain changed its rules to include what is now known as the Parot doctrine, and decided to postpone her release until 2017. The ECtHR declared that this was a violation of two articles (5 and 7) of the European Convention on Human Rights and ordered Spain to release her as soon as possible and to pay her compensation.^[84] The following day, on 21 October 2013, she was released from prison.^[85]

The Spanish government complained that this ruling would mean they would have to release dozens of ETA prisoners. In November 2013 Spain began releasing other prisoners,^[86] and in the end a total of 61 prisoners were released in the wake of this court ruling,^[87] including one being held temporarily in a prison in the UK.^[88]

There were several large protests held in Spain against the ruling by the ECtHR which were organised by the Association of Victims of Terrorism.^[89]

Torture

Generally speaking, torture almost always takes place in secret and so it is difficult to know if it has taken place or not.^[90] Although members of the Spanish state apparatus have been convicted for mistreatment, torture and even murder of ETA members, the veracity of many torture allegations and the degree to which it occurs is subject to controversy.

Between 1977 and 2002 there were approximately 5300 claims of torture having been carried out by police on ETA prisoners.^[1] Since then there have been hundreds more accusations. Allegations of torture are mostly related to threats and beatings, and then to lesser degrees to suffocation, forced body positions, undressing and physical exercises.^[91] A study of 112 Basques held incommunicado between 2000-2005, conducted by the Basque Institute for Legal Medicine and based on testimonies collected by an NGO, suggests that torture remains a serious problem in Spain. It detected different alleged torture patterns relating to different police forces. The group arrested by the Civil Guard accused this body of the most severe torture methods.^[91]

According to former ETA members, the French police never submitted their prisoners to torture.^[92] ETA terrorism never targeted French civilians nor security forces and France had a long-standing policy of tolerating ETA presence on its territory since the times of Franco's dictatorship. This policy changed in the late 80s when French President Miterrand decided that France would no longer be an ETA safe-haven and began co-operation with Spanish authorities and extradition of ETA-members indited for terrorism to Spain.^[93]

Torture cases and convictions

One example of an alleged incident is that of Martxelo Otamendi, the editor of a Basque language newspaper Egunkaria which was subject to a precautionary closure in 2004 by a Spanish judge due to suspected links with ETA. Otamendi, among other editors was arrested by the Guardia Civil as a result of the Court order and claims to have been stripped naked, blindfolded, touched with unidentified objects around his genitals and subject to sleep deprivation and simulated execution.^[94][95] Six colleagues who were detained at the same time also claimed to have experienced similar treatment. They were eventually absolved by the Spanish Audiencia Nacional (High Court) in 2010, which also criticized the Judge's decision to close the only newspaper at the time which was fully in the Basque language without more solid constitutional grounds. The Partido Popular government sued Otamendi for defamation but was eventually ordered by the European Court of Human Rights to pay Otamendi compensation for not taking his allegations seriously nor investigating them.^[96]

Another example was the case of Fernando Elejalde Tapia who was arrested minutes after murdering Francisco Javier Gomez Alósegui at the door of his house. Gomez Alósegui was the psychologist of Martutene prison and a public supporter of negotiation with ETA and bringing convicts to jails close to the Basque Country.^[97] Amnesty International reported concern about Elejalde Tapia as a suspected case of torture. After being arrested he was transferred to hospital with "a fractured ear drum, four broken vertebrae in his back, bruising all over his body, blackened eyes, a kidney malfunction and was in a state of semi-consciousness."^[98]

Another case was that of Ms Leire Gallastegui, who claimed in 2001 to have been told to choose between "electrodes, her mother's arrest or a broom handle".^[99]

In December 2010 four Civil Guard police officers were jailed for torturing two men suspected of terrorist activities.^[100] The police officers were released in 2011 after appealing to the Spanish High Court, which judged the injuries sustained by the suspects to have been caused by a violent arrest.^[101][102]

On the 13 of February 1981 Joxe Arregi, an alleged member of ETA, died of pneumonia in the hospital of Carabanchel prison after spending 9 days in police custody. The forensic report concluded that he was tortured; he showed second degree burns on the soles of his feet, as well as blows and traumas over his body. Two policemen involved in the interrogation were eventually given sentences of 3 months in prison and a two-year suspension for torturing the detainee. No judgment was made in court as to whether Arregi had died as a result of the torture he received because neither the prosecutor nor the Human Rights Organization party to the case asked the judge to do so. However, a first sentence establishing no connection between torture and death was later overturned on the grounds of the contradictions found on the judge's conclusion. It was reported in the Spanish press that Arregi may have died as a result of being submitted to a torture technique called la bañera in which the victim's head is placed in a container of dirty water until he or she is obliged to breathe in the liquid which then enters the victims lungs. Santiago Brouard, doctor and member of the political party HASI at the time, speculated that it may account for Arregi's broncopneumonia.^{[45][103][104]}

In September 2014, a Basque report commissioned by the human rights society Argituz and based on the Istanbul Protocol confirmed the veracity of the 45 torture testimonies analyzed spanning from 1982 to 2010 for detainees held incommunicado under the Antiterrorist Law. The report carried out by over 30 health professionals, especially psychotherapists and psychiatric doctors, hailing from 8 different organizations have stressed the difficulties found to obtain any records due to the incommunicado regime that "facilitates the commission of torture and mistreatment", as well as pointing to an ever increasing use of psychological torture techniques."^[105]

International criticism

Since 2002 Spain has been criticised several times by United Nations Committee against Torture (CAT) and the European Court of Human Rights (ECtHR) for not investigating properly allegations of torture made by ETA members and others suspected of having links to it. Specifically Spain has been found to have violated articles 2, 4 and 14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and article 3 of the European Convention on Human Rights. France was also criticised by CAT for having deported ETA member Josu Arkauz Arana to Spain in 1997 where he was "in a situation where he was particularly vulnerable to possible abuse". France was found to have violated article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in that case.^{[106][107][108]}

CAT investigated the case of Kepa Urra in 2002, who claimed to have been tortured by 4 members of the Guardia Civil in 1997 during an operation to dismantle part of ETA. Although the four guardia were initially convicted in a Spanish court of having tortured Urra they were later pardoned. Spain was found guilty of a violation of articles 2, 4 and 14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.^[109][110] Two years later, in 2004 a United Nations report written by Theo van Boven stated that the fact that detainees are held incommunicado for up to 5 days allows abuses to take place, and advised the Spanish government to make changes to this practice.^[111][112] In 2012 CAT ruled against Spain again, this time for not investigating accusations of torture made by Oskarz Gallastegi, who had been sentenced to 26 years in jail for his role in the murder of a judge in the Basque Country in 2001,^[102]

In 2010 the ECtHR in Strasbourg made its first ruling against Spain for not investigating properly allegations of torture made by ETA member Mikel San Argimiro.^[102] In 2014 the ECtHR criticised Spain again for failing to protect prisoners from violence at the hands of the authorities. This time the cases of Ms Beatriz Etxebarria Caballero, and Mr Oihan Unai Ataun Rojo were examined. It was shown that the Spanish authorities did little to investigate their claims of torture and ordered Spain to pay each compensation.^[113] In 2015 the ECtHR found Spain guilty of violating the procedural aspects of article 3 of the European Convention on Human Rights (ECHR) in the case brought against it by Arratibel Garciandia.^[114] Most recently, in May 2016, the ECtHR ruled against Spain for not investigating properly allegations of torture made by Xabier Beorlegi.^[115][116]

Amnesty International has also condemned Spain for holding prisoners incommunicado. A report published in 1999 stated that it "believes it to be beyond question that incommunicado detention facilitates torture and ill-treatment."^[117] Again in 2002 Amnesty International released a report criticising the Spanish government for its policy of holding detainees incommunicado. The report states that it had "received some very serious and highly detailed reports, which appear to be corroborated by medical evidence. Many of the allegations referred to the practice of asphyxiation with plastic bags; repeated kicks and blows of the hand on the head or testicles; forced physical exercises for long periods of time; claims of sexual harassment or abuse; threats of execution, rape, miscarriage or injury to partners and relatives."^[118] In June 2014 Amnesty International reported on the 'impunity and denial' of the Spanish authorities regarding torture. The human rights organization stated that it had continued to receive allegations of torture and mistreatment inflicted by state security forces since 1987, the year when Spain ratified the United Nations Convention against Torture. The international organization goes on to say that "the Spanish authorities do not take seriously the gravity of torture as a crime of international law, and meanwhile, the victims of torture remain defenseless."^[119] In the same report Amnesty International says that successive Spanish governments "have not established sufficient measures and mechanisms necessary to prevent torture taking place while in the custody of its security forces, e.g. the suspension of the incommunicado regime, which remains in place, or the introduction of CCTV in all the places where detainees are held, nor have they implemented provisions leading to thorough, independent and impartial investigation of torture when it takes place."^[119]

Claims of false torture allegations

Successive Spanish Governments have consistently stated that, in general terms, torture claims by Basque detainees are part of a tactic by ETA to gain political capital and sympathy as well as to bog down the legal process, rather than a systematic practice of torture by Spanish authorities. As stated by El País, there is no evidence to show that the Spanish security forces have systematically used torture against ETA suspects. According to Secretary General of the Unified Police Syndicate José Manuel Sánchez-Fornet, there exist 'absolutely exceptional cases of mistreatment' with a small number of trials and convictions of members of the Police and Guardia Civil, but he also avows that anti-terrorist legislation 'helps cases of torture' happen. Just the opposite, the Coordinating Committee for the Prevention of Torture has underscored the obstacles set by the successive Spanish governments to carry out proper investigation, failing to meet the most basic requirements expected for investigations on torture allegations, with only two severe cases leading to an effective conviction of police officials, both condemnations warranted by judges in the Basque Country, and not Madrid tribunals. ^[120]

In 2008 a manual produced by ETA for its members was found by the Guardia Civil in the hands of ETA members Igor Portu and Mattin Sarasola, when they were arrested in the house of a third ETA member Mikel Sebastian. This manual, written entirely in the Basque language and eventually leaked to the press, was named Atxiloketari Aurre Eginez, 2º zkia (Facing Detention, Volume 2). It detailed what ETA members should do once detained by the police. According to the press, the three main directives of this document were firstly, "do not make a statement", secondly, "deny everything", and thirdly, "report torture". Starting with a first hand account of a detention process, the manual highlights the safety and comfort of court jail cells, and says a forensic doctor will visit detainees before they appear before a judge. ETA members are told that once in a court jail they need not worry about threats and blackmails made during their interrogation in the police station because they cannot be returned there. Once in the court jail the documents directs members to tell the forensic doctor that they have been tortured mentally as well as physically, and to claim that any statements they made in the police station were extracted under torture.^[121] Official court papers make no mention of these details.^[122]

A similar manual was confiscated from the ETA cell "Commando Araba" in 1998, recommending all ETA detainees to allege torture, reminding them that "standing behind you are the press, local, youth and international collectives and, with a bit of luck, some opportunist and doubtful political party."^[123][123] However, the NGO Torturaren Aurkako Taldea (TAT) has pointed out that this document is totally different in style, tone and language to other 'manuals' found in the possession of the "Commando Araba". TAT has stated that they suspect the document was created by the police.^[124]

Escapes

There have been numerous attempts at escaping from custody. Of the 10 successful escapes, 3 have been from hospitals.^[125] The biggest, the Segovia prison break, involved 29 prisoners who dug a tunnel to escape Segovia prison in 1976.^[126] A film has been made based on it.^[127] The most recent escape was by Ibon Fernández Iradi who managed to flee the police station where he was being held in France in 2002.^[128]

Reintegration into society

When prisoners are released they are currently offered help by Harrera Elkartea, an organisation created in 2012, which helps them looking for work, sorting out their finances, paperwork and other issues.^[129] Some politicians have called for this organisation to be made illegal.^[130]

In its first 2 years Harrera Elkartea has helped 18 ex-prisoners back into work, 45 to get their driving license, and about 40 to get dental treatment and sort out eye problems.^[131]

Publications

In 2002 the Ataramiñe cultural association was set up to promote and publish literary work of these prisoners.^[132] Each year since then a book has been published compiling shorter works, and many other longer works have also been published.

Recent developments

In December 2013 the EPPK, which is the collective organisation negotiating on behalf of the prisoners, dropped its long standing demand for amnesty for all the prisoners, leaving the way open for individuals to negotiate individually for their release.^[133]

Also in December 2013, ETA declared that they recognised the "suffering and damage" caused by their actions, and also acknowledged the Spanish legal system. These two declarations were key demands from Madrid before any talks could start over the conditions of the prisoners.^[134]

In May 2014 the Minister of the Interior, Jorge Fernández Díaz said that the government would not consider the ending of the policy of dispersion unless ETA disbanded completely, or until the individual prisoners ask for forgiveness.^[135]

In July 2014 France agreed for the first time to transfer 2 prisoners to a prison near the Basque Country.^[136]

The Spanish government agreed in October 2014 to let members of ETA with Spanish nationality who are imprisoned in France, be transferred to prisons in Spain.^[137]

List of current prisoners

Naming mostly follows Spanish naming customs of christian name first, followed by the surname of the father, and lastly the mother's surname. The surnames which include the word 'de' are examples of compound surnames from Álava. French citizens just have one surname.

Prison	Name	Sex
FRANCE
Alençon	Luis Iruretagoiena Lanz	M
	Jon Salaberria Sansinea	M
-
Arles	Garikoitz Aspiazu Rubina	M
	Igor Suberbiola Zumalde	M
-
Bapaume	Alaitz Aramendi Jaunarena	F
	Oilana Garmendia Marin	F
-
Clairvaux	Asier Bengoa López de Armentia	M
	Aitzol Etxaburu Artetxe	M
-
Fleury Merogis	Tomas Elgorriaga Kunze	M
	Andoni Goikoetxea Gabirondo	M
	Joseba Iturbide Otxoteko	M
	Jose Javier Oses Carrasco	M
	Ainhoa Ozaeta Mendikute	F
	Itziar Plaza Fernandez	F
	Iñaki Reta Frutos	M
	Ramon Sagarzazu Gaztelumendi	M
-
Fresnes	Saul Curto Lopez	M
	Ekhiñe Eizagirre Zubiaurre	F
	Ugaitz Errazkin Telleria	M
	Xabier Goienetxe Iragorri	M
	Oier Ibarguren Sarasola	M
	Itziar Moreno Martinez	F
	Iratxe Sorzabal Diaz	F
-
Lannemezan	Didier Agerre	M
	Oilan Barandalla Goñi	M
	Frederic Haranburu	M
	Iñaki Esparza Luri	M
	Ibon Fernandez Iradi	M
	Joseba Segurola Kerejeta	M
-
Liancourt	Jon Etxeberria Oiarbide	M
	Mikel Oroz Torrea	M
-
Lyon Corbas	Urko Labaka Larrea	M
-
Meaux	Kepa Arkauz Zubillaga	M
	Oier Gomez Mielgo	M
-
Mont de Marsan	Xabier Aranburu Sagarminaga	M
	Oroitz Gurrutxaga Gogorza	M
	Ruben Rivero Campo	M
-
Moulins-Yzeure	Javier Abaunza Martinez	M
	Aitzol Iriondo Yarza	M
	Jurdan Martitegi Lizaso	M
-
Muret	Ion Parot Navarro	M
-
Osny	Urtzi Etxeberria Aierdi	M
	Joseba Fernandez Aspurz	M
	Julen Mendizabal Elezkano	M
	David Pla Martin	M
-
Poissy	Asier Borrero Toribio	M
	Enrique Garate Galarza	M
	Iurgi Garitagoitia Salegi	M
-
Poitiers	Raul Aduna Valinas	M
	Maite Aranalde Ijurko	F
	Izaskun Lesaka Argüelles	F
	Josu Urbieta Alkorta	M
	Montxo Arkaitz Varea Etxebarria	M
-
Reau Sud Francilien	Mikel Albisu Iriarte	M
	Mercedes Chivite Berango	F
	Marixol Iparragirre Genetxea	F
	Mikel Karrera Sarobe	M
-
Rennes	Alaitz Areitio Azpiri	F
	Marina Bernadó Bonada	F
	Maria Dolores Lopez Resina	F
-
Roanne	Lorentxa Beyrie	F
	Saioa Sanchez Iturregi	F
	Miren Itxaso Zaldua Iriberri	F
-
Saint Martin de Re	Jakes Esnal	M
	Fermin Martinez Bergara	M
	Zigor Merodio Larraona	M
	Ander Mujika Andonegi	M
	Jon Rubenach Roiz	M
-
Saint Maur	Jon Bienzobas Arretxe	M
	Zigor Garro Perez	M
	Alberto Ilundain Iriarte	M
	Juan Cruz Maiza Artola	M
	Asier Oiarzabal Txapartegi	M
	Gorka Palacios Aldai	M
-
Tarascon	Asier Ezeiza Aierra	M
	Zuhaitz Errasti Goiti	M
	Ekaitz Sirvent Auzmendi	M
-
Uzerche	Peio Eskisabel Urtuzaga	M
	Andoni Lariz Bustindui	M
-
Valence	Ibon Goieaskoetxea Arronategi	M
	Alejandro Zobaran Arriola	M
-
Villepinte	Arkaitz Agirregabiria del Barrio	M
	Igor Uriarte Lopez de Vicuña	M
-
PORTUGAL
Montsanto	Andoni Zengotitabengoa Fernandez	M
-
SPAIN
A Lama	Fernando Alonso Abad	M
	Lierni Armendariz González de Langarika	F
	Aitor Herrera Vieites	M
	Hodei Ijurko Iroz	M
	Xabier Makazaga Azurmendi	M
	Iñaki Marin Mercero	M
	Gorka Martinez Ahedo	M
	Idoia Martinez Garcia	F
-
Albocasser	Raul Alonso Alvarez	M
	Alvaro Arri Pascual	M
	Iñaki Bilbao Beaskoetxea	M
	Jagoba Codo Callejo	M
	Juan Carlos Estevez Paz	M
	Julen Etxaniz Garcia	M
	Harriet Iragi Gurrutxaga	M
	Juan Ramon Karasatorre Aldaz	M
	Patxi Markes Zelaia	M
	Ugaitz Perez Zorriketa	M
-
Albolote	Arkaitz Agote Cillero	M
	Iban Apaolaza Sancho	M
	Jose Luis Barrios Martin	M
	Iñaki Beaumont Etxebarria	M
	Unai Bilbao Solaetxe	M
	Egoitz Coto Etxeandia	M
	Agurtzane Delgado Iriondo	F
	Unai Lopez de Okariz	M
	Imanol Miner Villanueva	M
	Ainhoa Mujika Goñi	F
	Juan Antonio Olarra Guridi	M
	Asier Rodriguez Lopez	M
	Diego Ugarte Lopez de Arkaute	M
-
Alcala Meco	Eneko Goieaskoetxea Arronategi	M
	Ibon Iparragirre Burgoa	M
-
Alcolea	Iñaki Alonso Rubio	M
	Oskar Calabozo Casado	M
	Iñaki Cañas Carton	M
	Ana Belen Egues Gurrutxaga	F
	Javier Gallaga Ruiz	M
	Ibon Muñoa Arizmendiarrieta	M
	Xabier Perez Aldunate	M
	Igor Portu Juanena	M
	Jon Kepa Preciado Izarra	M
	Xabin Usandizaga Galarraga	M
	Gorka Vidal Alvaro	M
-
Alicante	Asier Aginako Etxenagusia	M
	Irkus Badillo Borde	M
	Aitziber Coello Onaindia	F
	Olatz Lasagabaster Anza	F
	Xabier Lujanbio Galparsoro	M
	Tomas Madina Etxebarria	M
	Jorge Txokarro Zoko	M
	Patxi Uranga Salbide	M
-
Almeria	Kepa Arronategi Azurmendi	M
	Garikoitz Arruarte Santacruz	M
	Lexuri Gallastegi Sodupe	F
	Josu Ginea Sagasti	M
	Iñaki Krutxaga Elezkano	M
	Andoni Otegi Eraso	M
	Alberto Viedma Morillas	M
	Iratxe Yañez Ortiz de Barron	F
-
Badajoz	Kepa Del Hoyo Hernandez	M
	Gorka Fraile Iturralde	M
	Andoni Gabiola Goiogana	M
	Nerea Garaizar San Martin	F
	Asier Garcia Justo	M
	Igor Gonzalez Sola	M
	Iñaki Igerategi Lizarribar	M
	Mikel Orbegozo Etxarri	M
	Andoni Ugalde Zubiri	M
-
Basauri	Aitzol Gogorza Otaegi	M
-
Botafuegos	Iñigo Albisu Hernandez	M
	Mikel Arrieta Llopis	M
	Miguel Angel Benaito Villagarcia	M
	Carlos Cristobal Martinez	M
	Leire Etxeberria Simarro	F
	Unai Fano Aldasoro	M
	Jose Miguel Gaztelu Otxandorena	M
	Gorka Loran Lafourcade	M
	Eider Perez Aristizabal	F
	Sergio Polo Escobes	M
	Aurken Sola Campillo	M
	Jon Igor Solana Matarran	M
	German Urizar de Paz	M
-
Brieva	Oihana Agirre Garcia	F
-
Burgos	Jesus Felipe Arriaga Ibarra	M
	Ekaitz Ezkerra Laspeñas	M
	Juan Maria Mendizabal Alberdi	M
	Jose Antonio Zurutuza Sarasola	M
-
Caceres	Aitor Olaizola Baseta	M
	Mikel San Argimiro Isasa	M
-
Castellon	Jesus Maria Altable Etxarte	M
	Pedro Maria Cano Hernandez	M
	Orkatz Gallastegi Sodupe	M
	Marta Igarriz Izeta	F
	Zunbeltz Larrea Azpiri	M
	Karmelo Lauzirika Oribe	M
	Jose Angel Otxoa de Eribe Landa	M
	Alicia Saez de la Cuesta	F
	Oskar Zelarain Ortiz	M
-
Daroca	Aitor Olaizola Urien	M
	Kemen Uranga Artola	M
	Oier Urrutia Gonzalez	M
-
El Dueso	Rafael Diez Usabiaga	M
	Imanol Vicente Ugalde	M
-
Estremera	Itziar Alberdi Uranga	F
	Iurgi Mendinueta Mintegi	M
	Juan Jesus Narvaez Goñi	M
	Gregorio Vicario Setien	M
-
Herrera de La Mancha	Xabier Aranburu Muguruza	M
	Iñaki Armendariz Izagirre	M
	Xabier Balerdi Ibarguren	M
	Joseba Erostegi Bidaguren	M
	Joanes Larretxea Mendiola	M
	Jon Lopez Gomez	M
	Faustino Marcos Alvarez	M
	Felipe San Epifanio San Pedro	M
	Jon Mirena San Pedro Blanco	M
-
Huelva	Aritz Arginzoniz Zubiaurre	M
	Nerea Bengoa Ziarsolo	F
	Juan Carlos Besance Zugasti	M
	Bittor Franco Martinez	M
	Irantzu Gallastegi Sodupe	F
	Francisco Xabier Garcia Gaztelu	M
	Fernando Garcia Jodra	M
	Sebastian Lasa Mendiaraz	M
	Iker Lima Sagarna	M
	Angel Lopez Anta	M
	Aitzol Maurtua Eguren	M
	Iker Olabarrieta Colorado	M
	Patxi Ruiz Romero	M
	Jon Urretabizkaia Saukillo	M
-
Jaen	Beñat Aginagalde Ugartemendia	M
	Oihane Bakedano Maidagan	F
	Beatriz Etxebarria Caballero	F
	Aitor Fresnedo Gerrikabeitia	M
	Aitor Garcia Aliaga	M
	Iñigo Guridi Lasa	M
	Premin Sanpedro Larrañaga	M
	Mattin Sarasola Yarzabal	M
	Iñigo Zapirain Romano	M
-
La Moraleja	Asier Karrera Arenzana	M
	Oier Lorente Aspiazu	M
	Juan Mari Maiezkurrena Urkizu	M
	Lander Maruri Basagoitia	M
-
Logroño	Santiago Aragon Iroz	M
	Eneko Etxaburu Markuerkiaga	M
-
Mansilla de las Mulas	Iker Araguas Jusue	M
	Olga Comes Arranbillet	F
	Aitor Fernandez Terceño	M
	Arkaitz Landaberea Torremotxa	M
	Juan Carlos Subijana Izquierdo	M
-
Monterroso	Ibai Aiensa Laborda	M
	Mikel Aiensa Laborda	M
	Endika Lejarzegi Olabarrieta	M
	Juan Ignacio Otaño Labaka	M
-
Murcia 1	Gorka Martinez Arkarazo	M
	Jose Maria Novoa Arroniz	M
	Francisco Jose Ramada Estevez	M
	Ekaitz Samaniego Curiel	M
	Joseba Segurola Beobide	M
-
Murcia 2	Ramon Aldasoro Magunazelaia	M
	Oier Andueza Antxia	M
	Jose Arizkuren Ruiz	M
	Josu Arkauz Arana	M
	Javier Atristain Gorosabel	M
	Oskar Cadenas Lorente	M
	Jon Crespo Ortega	M
	Oier Goitia Abadia	M
	Ainoa Garcia Montero	F
	Mikel Izpura Garcia	M
	Urko Labeaga Garcia	M
	Mikel San Sebastian Gaztelumendi	M
	Jon Troitiño Ciria	M
-
Navalcarnero	Egoi Alberdi Casanova	M
	Franco Jabier Balda Araña	M
-
Ocaña 1	Aitor Esnaola Dorronsoro	M
	Aratz Gomez Larrañaga	M
	Juan Carlos Herrador Pouso	M
	Iñaki Lerin Sanchez	M
	Anartz Oiartzabal Ubierna	M
	Mikel Otegi Unanue	M
-
Ocaña 2	Iñaki Imaz Munduate	M
	Jesus Maria Lopez Gonzalez	M
	Karlos Trenor Dicenta	M
-
Picassent 2	Juan Maria Mujika Dorronsoro	M
	Balbino Saenz Olarra	M
	Manex Zubiaga Bravo	M
-
Picassent 3	Mikel Azurmendi Peñagarikano	M
	Asier Badiola Lasarte	M
	Josune Balda Arruti	F
	Ainhoa Barbarin Iurrebaso	F
	Jose Camacho Elizondo	M
	Luis Angel Galarza Quirce	M
	Garikoitz Garcia Arrieta	M
	Jon Gonzalez Gonzalez	M
	Sara Majarenas Ibarreta	F with baby
	Asier Mardones Esteban	M
	Idoia Mendizabal Mujika	F and baby
	Guillermo Merino Bilbao	M
	Josune Oña Ispizua	F and baby
	Maite Pedrosa Barrenetxea	F
-
Puerto 1	Agustin Almaraz Larriñaga	M
	Julen Atxurra Egurrola	M
	Fernando Elejalde Tapia	M
	Sebastian Gurtubai Sanchez	M
	Iñigo Gutierrez Carrillo	M
	Jose Angel Lerin Sanchez	M
	Zigor Orbe Sevillano	M
	Josu Ordoñez Fernandez	M
	Arkaitz Saez Arrieta	M
	Xabier Zabalo Beitia	M
	Jon Zubiaurre Agirre	M
-
Puerto 3	Aitor Agirrebarrena Beldarrain	M
	Oskar Barreras Diaz	M
	Ibai Beobide Arza	M
	Iñaki Bilbao Goikoetxea	M
	Manex Castro Zabaleta	M
	Aitor Cotano Sinde	M
	Jose Maria Dorronsoro Malaxetxebarria	M
	Joseba Enbeita Ortuondo	M
	Jesus Maria Etxeberria Garaikoetxea	M
	Jose Maria Matanzas Gorostizaga	M
	Hendri Unai Parot Navarro	M
	Daniel Pastor Alonso	M
	Xabier Rey Urmeneta	M
	Arantza Zulueta Amutxastegi	F
-
Segovia	Jon Enparantza Agirre	M
-
Sevilla	Ibai Aginaga Ginea	M
	Iker Agirre Bernadal	M
	Gurutz Agirresarobe Pagola	M
	Iñaki Arakama Mendia	M
	Rufino Arriaga Arruabarrena	M
	Asier Arzalluz Goñi	M
	Juan Maria Etxabarri Garro	M
	Garikoitz Etxeberria Goikoetxea	M
	Jesus Goikoetxea Garralda	M
	Roberto Lebrero Panizo	M
	Iñigo Vallejo Franco	M
-
Soria	Mikel Arretxe Salbide	M
	Jose Antonio Etxeberria Arbelaitz	M
	Xabier Sagardoi Lana	M
-
Soto del Real	José Ramon Lete Alberdi	M
-
Teixeiro	Zigor Blanco Santisteban	M
	Joseba Borde Gaztelumendi	M
	Zigor Bravo Saez de Urbain	M
	Gregorio Eskudero Balerdi	M
	Jesus Maria Gomez Ezkerro	M
	Oskarbi Jauregi Amondarain	F
	Alberto Lopez de Lacalle Gauna	M
	Luis Mariñelarena Garziandia	M
	Andoni Murga Zenarruzabeitia	M
	Sebastian Prieto Jurado	M
	Emilio Salaberria Etxebeste	M
-
Teruel	Asier Ormazabal Lizeaga	M
-
Topas	Josune Arriaga Martinez	F
	Santi Arrozpide Sarasola	M
	Jose Miguel Etxeandia Meabe	M
	Iñaki Etxeberria Martin	M
	Juan Manuel Inziarte Gallardo	M
	Maitane Linazasoro Lopez	F
	Gorka Lupiañez Mintegi	M
	Xabier Ugarte Billar	M
-
Villabona	Ibon Esteban Scaloni	M
	Sebas Etxaniz Alkorta	M
	Jose Ramon Lopez de Abetxuko Liki	M
	Txabi Moreno Ramajo	M
	Javier Sadaba Merino	M
	Olga Sanz Martin	F
-
Villanubla	Gotzon Amaro Lopez	M
	Adur Fernandez Arratibel	M
	Jose Antonio Galarraga Arrona	M
	Nahikari Otaegi Tena	F and baby
	Alfontso Sebastian Iriarte	M
-
Villena	Gotzon Aranburu Sudupe	M
	Joseba Arregi Erostarbe	M
	Jose Lorenzo Ayestaran Legorburu	M
	Ismael Berasategi Eskudero	M
	Raul Fuentes Villota	M
	Arkaitz Goikoetxea Basabe	M
	Juan Carlos Iglesias Chouza	M
	Maria Lizarraga Merino	F
	Xabier Tximeno Inza	M
	Fermin Vila Mitxelena	M
-
Zaballa	Aitor Bores Gutiérrez[138]	M
	Rafael Caride Simon[139]	M
	Luis Carrasco Aseguinolaza[140]	M
	Ibon Etxezarreta Etxaniz[141]	M
	Carmen Guisasola Solozábal[142]	F
	Idoia López Riaño[143]	F
	Jesus Maria Martin Hernando	M
	José Ignacio Picabea Burunza[144]	M
	Joseba Urrusolo Sistiaga[145]	M
Most of the prisoners in Zaballa prison are not on the Etxerat list because they have been expelled from the organisation.
-
Zuera	Juan Luis Agirre Lete	M
	Iñaki Bilbao Gaubeka	M
	Kepa Etxeberria Sagarzazu	M
	Iñaki Garces Beitia	M
	Kepa Legina Aurre	M
	Igor Martinez de Osaba Arregi	M
	Francisco Mujika Garmendia	M
	Asier Uribarri Benito	M
	Jose Jabier Zabaleta Elosegi	M
-
House Arrest	Jose Ramon Foruria Zubialde	M
	Mikel Gil Cervera	M
	Belen Gonzalez Peñalva	F
-
Switzerland
Gefängnis Zürich	Nekane Txapartegi Nieves	F

References

External links

• Etxerat website in Basque and Spanish
• EPPK website in Basque