Today has been a historical day for Human Rights defenders in the Basque Country, Catalonia and Spain. The European Court of Human Rights has rejected an appeal issued by Spanish government against the repeal of the so-called Doctrina Parot, a law which aimed to prevent prisoners convicted to large penalties from being released once the maximum possible sentence (30 years) they are supposed to serve has expired. Though the resolution by the ECHR is based only in a single case regarding ETA member Inés del Río, who had been eligible for early release since 2006 and applied the doctrine, nearly 60 members of the organization are likely to be released on the next months. Moreover, the sentence also determines that Del Río has been illegally jailed for nearly 7 years as her imprisonment was not due.
The Spanish High Court started applying the ruling in 2006, in order to prevent ETA member Henri Parot from being released after his maximum prison term was due. He had been convicted for carrying out several terrorist attacks and sentenced to a large penalty which legally expired that year, so the judges decided that prison benefits should apply only to the whole term instead of the maximum according to the law. Therefore, he and others who were given such sentences have remained in prison until today. In addition, the latest resolution was applied to them after once they were convicted, so it was eventually an enlargment of their prison terms.
It is evident that such decision has triggered a quite important controversy between defenders and opposers of it. For the one side, the Spanish Government, ruling party PP and main opposition party PSOE have expressed their disappointment because they think terrorism crimes will not be accuratelly punished. For instance, the government tried to put pressure on the single Spanish judge who had taken part of the resolution and stated that they would do as much as possible to prevent any attempt to "praise terrorism", while advocacy organisations like Herrira (which advocates for the end of dispersion and respect for prisoners' human rights) have been shut down and several of its members detained. Moreover, some of the victims of terrorism feel betrayed because of the sentence of the court, stating that their human rights and right to justice have not been respected. In fact, victims' organizations blame on the government for not having done enough to prevent such resolution and also request institutions and courts not to apply it.
On the other side, members from both Basque separatist left and the Basque Nationalist Party (EAJ-PNV, in Basque and Spanish), as well as other advocacy groups and Spanish leftist parties, have celebrated the court ruling as they guessed that Parot doctrine supposed a violation of prisoners' human rights. They also have requested Spanish government and authorities to apply it as soon as possible and release all prisoners whose term has expired. In addition, the abolition of the doctrine is seen as a positive contribution to the peace process in the Basque Country after ETA put an end to its armed struggle two years ago.
Regardles of the polarity that such a resolution can trigger, the fact is that Spain has been in evidence again because of the poor human rights record of the country. In fact, it has repeatedly been requested to persecute forced dissaperarances and illegal executions that had been carried out by Franco's dictatorship as well as blamed for having tortured many Basque separatists (the last accounts set that 10,000 people had been tortured since 1960), but the different governments have always turned a blind eye on these claims. However, the same people that turn a blind eye on these questions and rejects resolutions like the one issued by the ECHR claim that the possibility of holding a referendum of autodetermination in Catalonia does not respect the laws. With those reactions, it is even more clear that the Spanish concept of law is full of double standards on human rights and justice. But the fact is that, in this case, justice has prevailed over revenge.
On the other side, members from both Basque separatist left and the Basque Nationalist Party (EAJ-PNV, in Basque and Spanish), as well as other advocacy groups and Spanish leftist parties, have celebrated the court ruling as they guessed that Parot doctrine supposed a violation of prisoners' human rights. They also have requested Spanish government and authorities to apply it as soon as possible and release all prisoners whose term has expired. In addition, the abolition of the doctrine is seen as a positive contribution to the peace process in the Basque Country after ETA put an end to its armed struggle two years ago.
Regardles of the polarity that such a resolution can trigger, the fact is that Spain has been in evidence again because of the poor human rights record of the country. In fact, it has repeatedly been requested to persecute forced dissaperarances and illegal executions that had been carried out by Franco's dictatorship as well as blamed for having tortured many Basque separatists (the last accounts set that 10,000 people had been tortured since 1960), but the different governments have always turned a blind eye on these claims. However, the same people that turn a blind eye on these questions and rejects resolutions like the one issued by the ECHR claim that the possibility of holding a referendum of autodetermination in Catalonia does not respect the laws. With those reactions, it is even more clear that the Spanish concept of law is full of double standards on human rights and justice. But the fact is that, in this case, justice has prevailed over revenge.
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