64
Concerns in Europe: January - June 2001
AI Index: EUR 01/003/2001
Amnesty International September 2001
(Aragón). On 24 May a newspaper executive,
Santiago Oleaga Elejabarrieta, was shot dead in San
Sebastián while parking his car. He was financial
director of the Diaro Vasco.
A number of other journalists were killed or
injured by ETA in 2000, and journalist Gorka
Landaburu was injured in the hands and face when
opening a parcel bomb, thought to have been sent by
ETA, on 15 May.
Pardons and awards for torturers and abducters
In January 11 National Police officers and three Civil
Guards who had been convicted of torture were
included in a mass award of pardons to mark the
millennium. Shortly afterwards a posthumous medal
was awarded to Melitón Manzanas, former head of a
political intelligence police unit in San Sebastián
during the Francoist dictatorship. The police chief was
responsible for the torture of hundreds of Basques
during that time and was a known Gestapo
collaborator. He was the first targeted victim of an
ETA commando in August 1968. The award is made
to victims of politically-motivated violence.
On 29 January AI issued a statement warning that
“The award of pardons and honours for torturers sends
out a clear message - that violations of human rights
will not be effectively punished in Spain”. AI also
stated that the continuing failure to prosecute those
guilty of crimes during the 1980s’ “dirty war” against
ETA was sending torturers a similar message. AI
pointed out that it was not the first time that pardons
or honours for torturers had been granted or awarded
by the Spanish authorities, and reiterated its warning
that there was a climate of impunity in Spain, to which
nominal sentencing, lax enforcement of sentences,
poor standards of forensic medical reporting and the
perpetuation of incommunicado detention all
contributed. In 1998 AI had criticised the frequency of
pardons for convicted torturers and pointed out that, in
that year, 10 of the 12 convicted of the kidnapping and
illegal detention of French businessman Segundo
Marey - part of the “dirty war” - were almost
immediately granted a partial pardon - despite the
gravity of the crimes committed. By this means their
10-year sentences were immediately cut by two thirds,
while the remainder of their sentences was suspended
pending appeal to the Constitutional Court.
On 16 March the Constitutional Court rejected the
appeal made by 11 of the 12 - including a former
interior minister, José Barrionuevo, and a former
secretary of state for security, Rafael Vera - against
the judgment of the Supreme Court. This meant that,
theoretically, the latter two still faced outstanding
prison sentences of three years and four months.
However, on 30 May they, and three other high-
ranking officials of the Interior Minister, were allowed
to leave prison after only nine hours and are not
expected to serve any further time there.
24
Court judgments on torture
Recent court judgments have focused attention on
problems related to the identification or responsibility
of torturers. In March the Supreme Court annulled, for
the second time, the decision of the Court of Barcelona
24
With unusual speed, the prisons service of the Interior
Ministry granted them a special permit which
allows some prisoners
in the third (open) category, who have displayed good conduct, to
to acquit two Civil Guards of the death of a detainee
who died in August 1994, after a brutal beating, during
which a fellow detainee was also beaten. The Supreme
Court concluded that both officers were guilty - one of
beating the man and the other of permitting it. The
officers were first acquitted in 1996 of charges that
included homicide and torture. The Supreme Court
reportedly described the decision of the first instance
court as “obscure, ambiguous and imprecise” and
asked the Barcelona court to review its judgment.
However, in 1998 the court again acquitted the
officers. While recognizing that the detainee had been
beaten, the court felt there was not enough evidence to
establish how and why the death had occurred, and it
could not, therefore, apportion responsibility. The
Supreme Court responded that it was beyond question
that the detainee had died as a result of ill-treatment
and that insufficient account had been taken of an
autopsy report that had established this. It again asked
the court to review its verdict.
In April, in a reverse proceeding, the Supreme
Court annulled the conviction of two Civil Guards in
1999 for failing to prevent the torture of ETA suspects
Juan Ramón Rojo, Xabier Arriaga and Francisco
Palacios after their arrest in 1992. The Vizcaya court
concluded that, although it could not determine who
had actually committed the torture, the two officers
must have known that the detainees were being
subjected to torture or ill-treatment. The court held
that torture “cannot take place in silence” and the
marks of torture on the bodies of the detainees must
have been noticed. However, the Supreme Court
argued that it could not be certain that the officers
would have heard sounds of torture, or that they would
necessarily have noticed any marks.
A complementary factor presenting a danger of
impunity is the sheer length of time that may elapse
before torture trials are held. On 18 June, over 20 years
after 10 Civil Guards were first accused of torturing
seven Basque detainees, arrested in Zornotza
(Vizcaya) in November and December 1980, a trial
opened before the Court of Vizcaya. Some of the
alleged torture victims had already been convicted and
imprisoned for ETA-related crimes. Some of the
accused officers (who had not been subjected to
disciplinary measures during this time) had already
been convicted of other crimes of torture. The
extraordinary delay in bringing the case to court was
attributed to a variety of factors, including arguments
over judicial competence (such as whether a military
tribunal should try the officers) and a five-year
postponement of an identity parade. The prosecutor
had requested dismissal of the proceedings
(sobreseimiento) on the grounds that the identity of
substitute nights in prison with periodic appearances at the prison.