Original full article in DEIA basque newspaper

Contrary to Nelson Mandela, Gerry Adams, Martin McGuinness, here, people who the great majority have never carried a weapon in their life and that on the contrary have convinced ETA to abandon the use of them, waiting two years later from this decision, some of them in prison, the beginning this October of two legal mega-trials: the 35/02, or, of the “herrikos” [social places of the Abertzale Left], directed against 40 people among those are encountered the political leadership of the Abertzale Left and that against 40 pro-independence youth related to SEGI.

An incompetent and resentful State pretends with this great threat to divert the focus of public attention from their corruption and of their submission to one of the worst capitalisms in history.

These summaries are the fruit from their beginning of a spiteful and false legal artefact which can be analysed at three levels: the legal, the criminal and the political.

- At a legal level. These summaries are based on incongruities and violations of the principles of law. Since the years 2001 and 2002 it was admitted in the legal code the hypothesis, developed in diverse judicial proceedings of judge Garzon, of the splitting up of ETA in various fronts, military, political, cultural, social, which acted in coordination to achieve the same political objective as ETA, obeying their explicit or tacit directives.

This had as a consequence the legal criminalization or banning of “followers” who identify themselves with the Abertzale Left accompanied by their removal and exclusion from political life. The instrument of banning was the Law of Political Parties; that of criminalization, the Penal Code.

Above all, it has produced this paradoxical situation: while the disappearance of attacks has put an end to the cycle of banning, the horizon of criminalization hasn’t experimented any change at all. Today, two years after the Declaration of Aiete and the above mentioned decision by ETA of abandoning armed activity, two summaries cited at the beginning continue pending trial, that of the ANV, and that of the PCTV…

- At a criminal level. The reports of intelligence evidence from the UCI [Unidad Central de Inteligencia – Central Unit of Intelligence], which assumed in an uncritical form were the basis of the judicial proceedings of judge Garzon in 2002, are an aberrant tangle in which are mixed without any connection distinct historical phases to conclude in a prefabricated argument.

These outlandish judicial proceedings with such serious consequences should have caused a great commotion among the specialists in the history of ETA, but few in their day raised their voices, and those that did, like me, were ignored. Today they are proven facts in Spanish jurisprudence.

- At a political level. These summaries brutally invade into the double theme of the peace process and the “story”. Spanish centralism attributes the end of the violence of ETA to the action of the state security forces and to the moral force of the victims; for a great part of Basque society it is the fruit of the work of convincing by the Abertzale Left over ETA.

It is time to put together in the country a political and social majority that demands political measures: specifically, the application of the Fourth Recommendation of the Social forum that asks to adjust legality to reality, applying a transitional justice that eliminates the exceptional measures, in penitentiary policy and, in this case, criminal. The first of these measures must be the end of the application of the crime of belonging to a terrorist organization to those so-called “followers”: because these are peaceful, because they have brought about the abandonment of arms by ETA; and because, even if it coincides, in a perfectly legitimate way on the one hand, with the political objectives of them, one is now dealing with another organization.