Satoshi Noro

Director of of ex-prisoners’ support group Coiste na n-larchimi, Michael Culbert, has spoken out this week in support of Basque ex-prisoner Iñaki de Juana, who is fighting extradition to Spain.

Culbert said: “As an ex-prisoner and speaking on behalf of ex-prisoners in Belfast, we want to say that what is happening to Iñaki de Juana is absolutely abominable.

“We’re talking about a man facing jail, and possibly death, because somebody allegedly read a letter that said ‘On with the ball’.

“This is a political case – not a legal case. If it was a legal issue the Spanish authorities would have produced some evidence that Iñaki had committed an offence, but they can’t.

“I don’t know which is worse – the Spanish or British judicial systems – but I have to say the decision by a Belfast court to extradite him is appalling.

“Iñaki is a strong supporter of the Basque peace process, and of the Irish peace process. He moved to Ireland to begin a new way of life with his wife and he is entitled to do so.

“The people of west Belfast are very politically mature because of our own experiences of the repression of our basic rights, and I believe this community can see very clearly the political machinations behind this case.

“We believe that if the extradition proceeds there is no doubt Iñaki will be returned to jail – that is the Spanish government’s goal. I’d encourage everyone in west Belfast, and indeed everyone in Ireland, to get behind Iñaki as he appeals against this decision.”

Prosecution will not appeal against ruling

The Don’t Extradite the Basques Campaign has welcomed the news that the Spanish authorities will not appeal against last week’s High Court ruling that the extradition warrant against Arturo ‘Beñat’ Villanueva is invalid.

Mr Villanueva welcomed the decision and urged people to now support the efforts to stop the extradition of Iñaki de Juana.

Speaking today, Villanueva said: “I am obviously relieved by the news that myself and my partner can now get on with our lives here in Belfast, without the threat of facing time in a Spanish jail for my political beliefs hanging over my head.

“I would like to thank my legal team and the Don’t Extradite the Basques Campaign for their support during the past year. I have received an enormous amount of solidarity from the people of west Belfast, including community leaders, Assembly members and MEP Bairbre de Brun, and I would like to warmly thank all of them for this support.

“The case against me was motivated by malice and vindictiveness on the part of the Spanish authorities. There was no evidence provided that I had committed any crime, and it was obvious that I was being pursued for my political beliefs in favour of independence for Euskal Herria (the Basque Country).

“I would also like to express my support for Iñaki de Juana in his effort to remain in Ireland. Like myself, Iñaki is being targeted by the Spanish government for his political beliefs and the charges against him are nothing short of ridiculous.

“For Inaki to return to the Spanish prison system, where he is likely to face death, on the basis of such spurious charges would be a crime. We must all do what we can to prevent this extradition from proceeding.

“Today in the Basque Country, the Abertzale Left is engaging in dialogue to build a peaceful and democratic framework through which the long-running national conflict can be resolved. But instead of seizing this opportunity for peace, the Spanish authorities insist on pursuing punitive and unconstructive actions such as this.

“I would urge the Irish people to get behind the efforts to prevent the extradition of Iñaki de Juana for the sake of defending the basic human rights of the Basque people, which are being violated every day by the Spanish government.”

Confidence in Spanish judicial system ‘unwarranted’

The decision to allow the extradition of Basque ex-prisoner Iñaki de Juana to Spain is “grossly inhumane” and ignores evidence that the Spanish authorities are knowingly abusing the extradition process, spokesperson for the Don’t Extradite the Basques Campaign Kevin Morrison said today.

“The judge expressed confidence in the Spanish judicial system which we believe is unwarranted,” Morrison said. The Don’t Extradite the Basques Campaign would continue to support Iñaki through his appeal against the judgment, he added.

Risk of death
“During the hearing last November, psychological expert Dr Adrian Grounds testified that Iñaki would face a very serious deterioration in his health and likely, if not certain, death through hunger strike if he was extradited,” Morrison said.

Dr Grounds is a senior university lecturer at Cambridge University and an expert on the impact of imprisonment on the psychological health of detainees.

“During the hearing, the defence also pointed out that the Spanish authorities were knowingly abusing the extradition process because they knew they did not have any evidence against Iñaki, and that the case was politically motivated,” Morrison said.

“In court, Dr Grounds said that Iñaki’s previous experiences in Spanish prisons – including repeated beatings and being held in solitary confinement for more than 17 of his total 21 years in jail – had been extremely traumatic.

“The expert also cited the well-known abuses carried out against Basque political prisoners documented by the UN’s Committee on the Prevention of Torture as well as reports by Amnesty International and Human Rights Watch.

“This prison experience has left Iñaki suffering from post-traumatic stress disorder, depression and absolute exhaustion.

“Dr Grounds said that to return him to the Spanish prison system would very likely result in Iñaki going on a hunger strike to the death. He said that in his opinion, this would partly be a political act of protest, but it would also reflect Iñaki’s inability to return to the conditions that had caused his exhaustion and PTSD.

Vindictive
“The case against Iñaki is motivated by vindictiveness on the part of the Spanish government despite the fact that there is no evidence against him. The charges are spurious and absurd.

“The Don’t Extradite the Basques Campaign will step up its efforts to build awareness of the facts of this case, and public support for Iñaki during the appal process, in light of this ruling,” Morrison said.

During the November hearing, Edward Fitzgerald QC, defending, said: “Would it now be inhumane to put him back in custody on the basis of what someone says someone read out at a rally though no-one has the document? We say it’s grossly disproportionate and inhumane to do that.”

Spurious charges
More than 1,000 people have now signed the petition which demands that the British government reject the Spanish government’s extradition requests against Iñaki de Juana and Arturo Villanueva, including MEP Bairbre de Brún, journalist John Pilger, civil rights activist Fearghas Ó hÍr and lawyer Professor Phil Scraton.

The Spanish authorities are trying to extradite former prisoner and hunger-striker, Iñaki de Juana, from Belfast, where he moved immediately after his release in August last year, on charges of “glorifying terrorism”.

The arrest warrant is based on a single media report of somebody at a rally in Donostia/San Sebastian last August, which was celebrating de Juana’s release from prison, reading a letter that used the popular Basque expression “Aurrera bolie” (“Kick the ball forward”). The Spanish authorities claim this phrase constitutes a call for the continuation of armed struggle.

De Juana was not present at this rally and denies writing such a letter, which Spanish police admit they cannot produce.

Judge Tom Burgess ruled in March that “glorifying terrorism” was an extraditable offence that had an equivalent under the British Terrorism Act 2006. He said that he did not have to study the quality of the evidence against de Juana, as that was a matter for the Spanish courts.

The defence team argued two main points: that the Spanish authorities were knowingly abusing the extradition process, and that extradition would cause a disproportionate threat to de Juana’s health.

To sign the petition against his extradition, visit
http://www.gopetition.com/petitions/dont-extradite-the-basques.html

Sinn Féin MEP Bairbre de Brún has welcomed the ruling by the High Court in Belfast that it will uphold the original verdict made by Judge Tom Burgess in November, stating that an extradition warrant against Arturo ‘Benat’ Villanueva coming from the Spanish authorities should be rejected as it contains no particulars of any offence committed.

Speaking on Wednesday 24 February Ms de Brún said: “Today’s decision by the High Court in Belfast that the European Arrest Warrant issued by the Spanish authorities against Arturro ‘Benat’ Villanueva is flawed and details no particularities and is therefore invalid is the right decision and to be welcomed.

“A similar warrant issued against Inaki de Juana, another Basque living in Belfast, should be rejected on similar grounds as both are clearly politically motivated.

“These two men are being pursued for their political ideas and the extradition attempts on behalf of the Spanish authorities should be abandoned.

“It is Sinn Féin’s belief that there are now important developments happening within the Basque Country, through initiatives for the Abertzale Left to resolve the conflict and to pursue national and democratic rights through peaceful and democratic methods. The Spanish Government should grasp this opportunity instead of focusing on negative approaches such as these extradition cases.”

Campaign welcomes Basque extradition case ruling

The Don’t Extradite the Basques Campaign has welcomed the Belfast High Court ruling on Wednesday 24 February that there is no basis to extradite Arturo ‘Beñat’ Villanueva to Spain on ‘terrorism’ charges. The three-judge panel said the warrant was “couched in unacceptably vague and general terms”.

The campaign group is calling for an immediate end to extradition proceedings against both Belfast-based Basque men fighting for their right to remain in Ireland, Villanueva and Iñaki de Juana.

Campaign spokesperson Kevin Morrison said: “The High Court has made the correct judgement today. The case against Arturo ‘Beñat’ Villanueva is clearly politically motivated and seriously flawed in legal terms. We welcome the judgement and we urge the Spanish authorities to cease their vindictive pursuit of Villanueva and Iñaki de Juana and drop the extradition proceedings now.

“The High Court ruling supports Judge Tom Burgess’s original ruling in the Recorder’s Court last year that the warrant is flawed and lacking in sufficient detail and particularities of offences. The nature of the warrant, rejected now by both courts, demonstrates the politically motivated nature of the extradition attempt.

“The Don’t Extradite the Basques Campaign believes the extradition proceedings against Iñaki de Juana, which are also based on his political opinions and not any criminal offence, must now be rejected.”

Villanueva was accused by the Spanish authorities of being a member of Jarrai, a Basque pro-independence political youth organisation, from 1994 to 2000. Jarrai was banned by the Spanish authorities in 2005 and categorised as a ‘terrorist’ organisation in 2007.

Last year the Recorder of Belfast ruled that the warrant against Villanueva was “invalid” as it failed to provide any specific particularities of the offence alleged against him – membership of pro-Basque independence political youth group Jarrai between 1994 and 2000.

“An extradition warrant must contain particulars as to the circumstances in which the defendant is alleged to have committed the offence,” Morrison said.

“The warrant against Villanueva is completely lacking as to these particulars.

“Villanueva and Iñaki de Juana are being pursued by the Spanish authorities for one reason – their political ideas in favour of Basque independence. The Irish community should stand beside these two men and ensure this attack on basic civil rights by the Spanish government is rejected.”

The Don’t Extradite the Basques Campaign would like to warmly thank all those who have shown their support for the two Belfast-based Basque men fighting extradition to Spain throughout 2009.

The campaign has aimed to build public awareness and support in Ireland for the legal efforts by Iñaki de Juana and Arturo Beñat Villanueva to defeat the Spanish authorities’ extradition attempts.

We have also tried to raise awareness about the political context of the extradition attempts – of attacks by the Spanish authorities on political and civil rights in the Basque Country and the broad repression against Basque cultural, community and political organisations.

Since the campaign committee was launched in May, we have organised a petition that has now been signed by more than 1,000 people. We have also held a number of successful events involving hundreds of supporters – including public meetings, press conferences, protests, fundraising concerts and a sponsored walk of Black Mountain – all of which have helped raise awareness of the cases.

While the campaign received some good news in November, when the extradition request against Arturo Beñat Villanueva was ruled “invalid” by a Belfast judge, the Spanish authorities appealed against the decision in December. Both Arturo Beñat Villanueva and Iñaki de Juana are currently awaiting judgments (see below for an update on the defence cases).

At the same time, we have seen political repression escalate dramatically in the Basque Country over the past year.

We would like to appeal to you for your continued support in 2010 in building political support for the rights of Iñaki and Beñat to live free from political persecution in Ireland.

This year we plan to organise supporters in gathering many more petition signatures from the local community and presenting the petition to a representative from the Spanish government in Belfast.

There will be a public campaign meeting held on Thursday January 21 in the Culturlann on the Falls Road in Belfast at 7pm which all are welcome to attend.

The meeting will include an update from legal representatives on the defence cases; a political update on the situation in the Basque Country; and a planning component where we can discuss the way forward for the campaign, particularly building support for the petition.

We would like to urge all those who have supported us to come along to this meeting to discuss strengthening this important campaign in 2010.

Go raibh míle maith agat!

***
Update on cases

Iñaki de Juana’s hearing was held on November 12-13 and he is currently awaiting the judge’s ruling. Because the judge had already ruled that the charge alleged by the Spanish authorities of ‘glorifying terrorism’ was an extraditable charge and had an equivalent under the British Terrorism Law 2006, the basis of the defence’s argument was that the Spanish authorities were knowingly abusing the extradition process, and that extradition would cause a disproportionate threat to de Juana’s health.

Arturo Beñat Villanueva’s initial hearing was held on October 5 and Judge Tom Burgess ruled on November 18 that the European Arrest Warrant was “invalid” as it failed to provide any specific particularities of the offence alleged against him – membership of pro-Basque independence political youth group Jarrai between 1994 and 2000.

The Spanish authorities decided to appeal against the decision. A three-judge panel in the High Court heard the appeal on December 14 and Arturo Beñat Villanueva is now waiting to see whether the judges will affirm the original ruling that the extradition warrant was invalid.

On Monday December 14 the Spanish authorities’ appeal against the decision to throw out the extradition case against Arturo Benat Villanueva was heard in the High Court in Belfast.

Last month the Recorder of Belfast ruled that the warrant against Mr Villanueva was “invalid” as it failed to provide any specific particularities of the offence alleged against him – membership of pro-Basque independence political youth group Jarrai between 1994 and 2000.

The prosecution’s appeal claims that the charge of membership “should be enough” to have Mr Villanueva returned to face trial. However, it is clearly established in law that an extradition warrant must contain particulars as to the circumstances in which the defendant is alleged to have committed the offence – the conduct alleged to constitute the offence, time and place in which he is alleged to have committed the offence.

The warrant against Mr Villanueva is completely lacking as to these particulars; the judge’s ruling last month that the warrant was invalid was correct and the appeal should be rejected likewise.

The more fundamental issue here has not even been addressed yet in court – the fact that at the time of Mr Villanueva’s alleged membership of Jarrai, it was a legal organisation. It was not outlawed until 2005 and not categorised as ‘terrorist’ until 2007.

The youth organisation, with thousands of members, carried out public, peaceful political work in favour of Basque national and cultural rights, as well as on youth rights and social issues.

Mr Villanueva is being pursued by the Spanish authorities for one reason – his political ideas in favour of Basque independence. The Irish community should stand beside him and ensure this attack on basic civil rights by the Spanish government is rejected.

The prosecution in the Spanish authorities’ case against Belfast-based Basque Arturo ‘Beñat’ Villanueva will appeal against the decision of the Recorder of Belfast last month to throw out the extradition case. The appeal will be heard by a panel of High Court judges on December 14.

Judge Tom Burgess ruled on November 18 that the extradition warrant against Villanueva was “invalid”. He rejected the warrant, which claimed that Villanueva was a “member of an illegal terrorist organisation” (Jarrai) from 1994-2000, on the grounds that it did not include any particularities, or details of specific offences committed nor any information that might prove that he was a member of Jarrai.

“The Don’t Extradite the Basques Campaign condemns the decision to appeal the judge’s ruling as a vindictive act by the Spanish government,” campaign spokesperson Kevin Morrison said.

“There is no evidence that Beñat has committed any offence. More importantly, the original extradition warrant breaches the legal non-retrospectivity principle as it alleges he was a member of Jarrai between 1994-2000, when the organisation was legal. Jarrai was not criminalised until 2005 and not declared ‘terrorist’ until 2007.

“Appealing against the judge’s ruling will not overcome the fundamental flaws in the warrant – the breach of the non-retrospectivity principle and the lack of any particularities in relation to offences.

“The decision to appeal against the ruling shows the vindictive nature of the Spanish regime, which is determined to repress and criminalise all expressions of Basque aspirations towards self-determination. This takes place as the Spanish government continues to violate the human, civil and political rights of the Basque people daily.”

Mr Morrison said the Don’t Extradite the Basques Campaign would continue to campaign to build public support in Ireland against the extradition attempts against Villanueva and Inaki de Juana. De Juana’s hearing was held in November and he is awaiting the judge’s verdict.

Bairbre de Brún, Sinn Féin MEP, has welcomed today’s ruling by a Belfast court not to extradite one of the Basques, Arturo Villanueva, who the Spanish authorities were pursuing and has called for the extradition warrant against Inaki de Juana also to be rejected.

Ms de Brún said: “Today’s decision, ruling that the International Arrest Warrant issued against Arturo Villanueva is invalid, is to be welcomed and highlights the spurious and politically motivated nature of the charges brought against both Arturo Villaneuva and Inaki de Juana by the Spanish authorities

“The two men are essentially being pursued solely for their political ideas and the extradition attempts on behalf of the Spanish authorities, in both cases, now need to be wholly rejected.

“It further exposes the ongoing repression within the Basque Country where social, youth, media and political groups alike are made illegal and repressed with many members being imprisoned.

“It is Sinn Féin’s belief that the Spanish government should desist from such actions and focus upon exploring the unconditional declaration of support for a peaceful, political and democratic process by the Basque Abertzale Left grouping this week.“