News & events
The case of Gari Ibarluzea
Gari was arrested on Sunday 14/03/2010 by the metropolitan police on behalf of the Spanish authorities under a European Arrest Warrant alleging “terrorist offences”.
You can watch a film about Gari's case here
Back in October 2002 Gari was arrested with another seven youths from the Basque Country, accused of taking part in specified acts of public disorder and sabotage. Gari was held under incommunicado detention. He complained of torture after this detention but Spanish courts show little interest in investigating the numerous complaints they receive. Many human rights organisations such as Amnesty International and the UN rapporteur on human rights have made complaints and recommendations but, instead of decreasing, these practices has been on the increase.
Gari's case is just one of many which has been taking place in the Basque Country since the intensification of repressive measures over the last decade. Gari is one of thousands of people imprisoned under the new Spanish anti-terrorist laws, which are being used against activists who have not been involved in any ‘terrorist’ activities.
Initially, these youths faced sentences between 32 and 96 years of imprisonment. By comparison, a convicted rapist and murdered of a young girl in a high profile case that took place around the same time was sentenced to only 12 years. However, in cases of kale borroka (street action that may involve burning of cash points or other public property) the prosecution use astonishingly severe sentences to coerce people into admission of culpability. They also use statements obtained by the police under duress, even if the defendants claim that they have been subjected to torture or ill-treatment during the police interrogation.
This was the case for Igor Zearreta and Egoitz Fernandez. They were arrested on similar charges by the Guardia Civil. Their sentences were negotiated in a plea bargaining process and reduced to less than two years which spared them from jail, but the Spanish judiciary didn't fulfil the legally binding accord and they ended up in prison. More than 250 people have been detained and imprisoned in similar circumstances, held from between five days to three years without trial and even tortured.
The UN special rapporteur on human rights on a mission to Spain in 2008 criticised this practice and stated:
Consequently, acts such as the burning of an ATM machine are interpreted as terrorist offences, when committed as part of organized street violence, known as kale borroka in the Basque language. Kale borroka is practised in Basque cities by gangs of youths that, according to the Spanish authorities, are outside the formal membership of ETA but nonetheless support it. Crimes within the scope of article 577 even when committed by minors, fall under the jurisdiction of the Audiencia Nacional and may result in prison sentences of several years, while the same acts committed outside the Basque country would in practice be treated differently and lead to a considerably lower punishment, if any.
Having been told that many young persons participating in kale borroka are not in any way supporting acts by ETA, and that this violence is directed against physical objects, not individuals, the Special Rapporteur is concerned that making a general link between kale borroka and terrorism might have counterproductive effects on the fight against terrorism. Aggravated prison sentences of up to 10 years, including for minors, might result in an escalation of violence and in pushing some individuals into the ranks of ETA.
The Spanish media has been backing the strategy of the Spanish Government ,presenting Gari as one of the most wanted ETA members, condemning Gari and violating his right of presumed innocence. His is not the only case were the media has been actively supporting the prosecution. Ainhoa Adin and Eneko Gallarraga were presented as the most wanted ETA members by the Spanish media when they were arrested. However their release was kept very quiet by the media.
Ainhoa was arrested in her home in Hendaye, where she lives with her partner and 3 children. According to the media she was one of the most wanted ETA members. The police raided her home and didn’t find anything. She was subsequently released with no charges against her. Eneko was also arrested following a Euro warrant issued by the Spanish courts. According to Spanish media he was also one of the most wanted member of ETA. On their release the media kept silent. In Gari's case, the police didn't even bother to raid his house, which is truly atypical in cases of terrorism. This probably means that the security forces already know he is not a threat to anyone.
The silence around Basque Inigo Makazaga's release from prison is even more serious. He was arrested in England in 2001 and was eventually released after spending 6 years in prison. At the time of the arrest he was accused of cooperating with an armed group, of possessing explosives and of conspiracy to murder. After spending 5 years in an English prison Makazaga was extradited to Spain. The prosecution asked for a 10 year sentence as well as a 300,000 Euro fine and a 10 year ban from living in his home town. Makazaga was only sentenced to 3 and a half years and was released. Gareth Peirce one of the most famous criminal solicitors in the UK said: “We have seen reports from the UN rapporteur of torture and realised there’s systematic use of torture and inhuman and degrading treatment of Basques. There’s a pattern here of fabrication of evidence that’s shocking. He would not receive a fair trial.”
Under this circumstances, it is not surprising that Gari failed to attend his final hearing. It is obvious to anybody who knows the situation in the Basque Country that he didn't have the slightest hope of gaining justice from the Spanish state, which has answered the legitimate demand of the Basque people for their national liberation over the years with nothing but more repression and violence. Unlike his friends, who accepted a lesser sentence in exchange of culpability, he decided to leave the Basque Country to restart his life in the UK.
Since then, Gari has been living a normal life in the UK, working in central London as a Chef and volunteering for the Basque Society in his free time. Until the day of his arrest, he made many friends and he was an active and committed member of the community, involved in social activities carried out in the open, in the public domain.
It is clear that the case of Gari is - as happens so frequently in the Basque Country – merely a case of political convenience. He is just one of the thousands of Basques who have to seek refuge in different parts of the world as a consequence of repression against their political beliefs and activities. The Spanish state uses extradition warrants as a means of silencing the voices of their political opponents in an attempt to control international access to the truth.
If extradited to Spain Gari faces an uncertain future. The physical conditions of Basque Political Prisoners are seriously deteriorating due to dispersion, beatings, reduction of hours outside prison cells, restrictions on visits and increased isolation. If he’s sent back to the Spanish state he is at serious risk of further persecution and torture (torture against Basques in Spain is reported yearly by AI).
The only thing that Gari is guilty of is of loving his country and his people and speaking out for their liberation.
Therefore we demand the release of Gari from prison right now!!!
Contact th Basque London Solidarity Campaign