12 December 2006


>The Basque political prisoner Iñaki de Juana, after completely serving
>his sentence (almost 20 years imprisoned), should be out of jail from
>the year 2003. But in the Spanish State, the times of sentences are
>elastic and malleable. As the former Justice Secretary said on 2005,
>it was necessary to find any way for keeping Inaki in jail although he
>had already served his sentence. With this stupid pretension a 96
>years sentence was requested based on two opinion articles. The
>prisoner started a hunger strike that lasted 2 months. He was fed
>against his will under an order of the Spanish National Court.
>Inaki gave up his stance when he knew that the prosecutor reduced his
>petition from 96 years to 6. But this is not what happened. The court
>took place and the prosecutor asked for 13 years. One day before being
>the condemnatory judgment to 12 years and 6 months of jail for two
>opinion articles known (November the 7th), Inaki again declared
>himself in hunger strike reiterating his decision for driving his
>protest to the extreme. He requested to the Prison Governor to remain
>in total isolation, renouncing to any contact with his family. Prison
>Institutions, trying to harden the situation, have requested
>permission to the Spanish National Court to place Inaki in a sharing
>cell with other prisoner.
>In this bulletin we want to reproduce pieces of an interesting opinion
>article published in Gara newspaper on 30 October by Manuel F. Trillo,
>Law Professor.
>Freedom of speech, amputated freedom
>I have listened the statement of an accused, judged because of writing
>two articles. In them he mentions some people who are prison officers.
>The prisoner complains about the treatment received from them?
>Is not understandable that a prisoner complains about the prison and
>the jailers? Does not the slave complain about how cruel is his
>master? And the master because he has to treat with a slave? All of us
>complain; some ones can to say it in low voice but other ones can
>shout it. Do not the prison officers complain about how hard is their
>job? But, the person who writes two articles naming his jailers is
>being judged just because of mentioning them. If I had the idea to
>publish that my boss, my bigwig is a rotten, would be myself object of
>criminal proceedings? I have listened very quietly Inaki's statement
>during the hearing. The tone was somebody's who is tired of so much
>grudge, who knows himself symbol of a personal and collective combat
>which took him to prison 20 years ago. The arguments were so
>convincing that they were un-attackable.
>It is really difficult to me to accept the double measuring stick: On
>October 27th, during the oral hearing, the extreme right wing
>demonstrated in front of the Spanish National Court cutting the
>traffic during more than an hour and they were not suppressed. Would
>have the police had the same consideration if Batasuna´s supporters
>were the people cutting Genova Street? From here I ask to the
>Government Vice President: Why you allowed the extreme right to cut my
>right to the free circulation? I only have sympathy for the Law.
>Because of that I understand that anyone who makes an offence pays
>with jail the crime. But I can not support that they make fun of us
>using and abusing the Law depending of the ideological colour of the
>people who violated it.
>There is something that has taken my attention completely because it
>has nothing to do with what was being judging and it is that the
>prosecutor, on certain moment, asks to the defendant: If you leave the
>prison, what would you do? But, prosecutor, how low can you get? You
>know that this is not the cause of the trial because here it is
>another question in the air: the publication of two articles. And you
>ask to the accused about something relating his future. Burgos
>prosecutor, tell me one thing: Do you know what will happen to you in
>three days time? Prosecutor, I am going a bit farther, do you usually
>ask the same question to the rapists, women batterers, corrupts, drug
>traffickers, ??
>I have also seen that they have allowed get inside the hearing room
>two individuals who uttered threats. The fact that these characters
>get access as a public but friends of the defendant were not allow to
>get in seems a nonsense to me. I am absolutely perplexed when I listen
>to the magistrate saying to take their identities and that they will
>be accused of disorders; come on please, both of them have uttered
>death threats, "look at me because this is the last thing you are
>going to see in your life". The threat was said in a tribunal and it
>was not a private offence; it is evident that the Judge and the
>prosecutor should have acted in consequence. Make your job. If the
>accused had pronounced this phrase in his articles, which one would
>have been the magistrate's and prosecutor's deduction?
>In the Spanish National Court the Freedom of Speech has been judged.
>The judicial operators know it; those who try to confuse the
>population know it. The discussion in this trial is the freedom to say
>that somebody is a rogue. This is the reason way this trial is not
>trivial. Fundamental rights are at stake. I can not imagine another
>sentence but absolution because two articles are not guns and words
>are not bullets. I hope the judge knows to ensure that the law is
>upheld. Otherwise, it would be a huge indignity.
>By way of conclusion
>While we are writing this bulletin, Iñaki has already lost six
>kilograms and is health, already deteriorate because of the previous
>two months lasting hunger strike, is getting worst by moments. His
>fellows in Aranjuez Prison are doing a rotary fasting in solidarity
>with the prisoner. The anti-repressive organism Askatasuna (freedom),
>has talked to the Government of Spain. Reminds it that "it is
>maintaining the policy to kill the prisoners and destroy the
>collective of Basque Political Prisoners following the guidelines of
>the anti-terrorist pact signed with the Popular Party? These are the
>principal obstacles to reach a definitive solution". And, referring to
>the Basque society: "It is the time to bring together strengths
>against every aggression and interferences".
>Basque Country, November 22th, 2006
>info@askapena.org // www.askapena.org

1 comment:

mirandateodoro said...