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01/12 Prosecution appealing judge’s verdict

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.

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