Xabier Atristain arrested in San Sebastian

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The Ertzaintza has arrested Atristain in the Old Town of San Sebastián, less than 24 hours after the criminal chamber rejected Atristain’s request for review and upheld the resolution that sentenced him to 17 years in prison.

Euskaraz irakurri: Xabier Atristain espetxeratu dute, Europari entzungor egin eta Gorenak zigorra berrikusteari uko egin ostean

De Ertzaintza arrested former ETA member Xavier de Atristain in San Sebastian last Thursday after the Supreme Court rejected his request for a review of his sentence following the European Court of Human Rights (ECtHR) ruling that denied his right to a trial with all the guarantees, since the court decision that prevented him from appointing a lawyer of his choice during a police interrogation was not sufficiently motivated, sources of the Basque Ministry of Security informed Europa Press.

The magistrates of the Supreme Court considered that, even apart from the statements to which the violation assessed by the ECHR relates, there is other evidence that would allow the same conclusion to be drawn on the facts supporting his conviction. Therefore, they concluded that it is not appropriate to review the sentence in this case.

In an order signed last Wednesday, the criminal chamber dismissed Atristain’s appeal for review and upheld the resolution sentenced him to 17 years in prison for belonging to an armed organization and for possession of weapons and explosives.

The Supreme Court made this decision after the prosecution refused to allow Atristain’s appeal. The magistrates have defended that – even without the statement made by the former ETA member at police headquarters – the conviction about the existence of explosives and weapons is based on other different sources of evidence.

In addition, he recalled that the ECtHR has already forced Spain to reimburse Atristain with EUR 12,000 for non-material damage and EUR 8,000 for costs and expenses to repair the damage caused by the violation of its rights, stressing that Strasbourg has not presented any arguments which allow “greater action for repair”.

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Source: EITB

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