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.
