The Criminal Chamber concludes that the evidence in which the authorship of the attack would have been obtained “with violation of their fundamental rights”, specifically after “application of electrodes by those officials who have guarded it to force him to explain.”
The National court Ha acquitted to which he was a member of the ETA Iratxe Sorzabal From a crime of destruction for the placement of an explosive artifact in 1995 on the border of Irún (Guipúzcoa), it proved that the authorship of this attack assumed when he was subjected to “poor treatment” when he was arrested by the Civil Guard.
In a sentence, the second part of the criminal chamber indicates that the evidence in the process, in particular the defense expert report, prepared by a forensic doctor of the Basque Institute for Legal Medicine, leads to the conclusion that the suspect was submitted to inhumane treatment during his detention of this and other sequence.
The office of the public prosecutor asked for the suspect, who was sentenced in 2022 to 24 and a half years in prison for a double attack in Gijón, a fine of 12 years in prison and to compensate for various amounts to the companies affected by the explosion.
The punishment, of which judge Fernando Andreu has been a speaker, argues that the Manuscript (Kantada) who wrote after that arrest, and in which Recognized the authorship of these and other attacks, it is void “Completely to have obtained by violating fundamental rights of the accused (Article 1.1 LOPJ) because it is a result of Sick treatment (application of electrodes) suffered during the arrest“
Poor treatment, he adds that they had the goal of issuing a statement in the terms, “without any other test of destructive accusation of the suspicion of innocence it promotes.”
According to herself, she reported in the process, During the five days he was held in dependencies of the civil protector, They forced him to learn from his head what he later wrote in a letter Focused on the ETA directorate, in which it gave details of different attacks.
The magistrates note that the office of the public prosecutor did not intend to base the conviction on those police statements provided under the violation of the fundamental rights, which they could otherwise not be, because the suspect did not ratify them in a judicial head office, where he was dismissed to declare that they were tendering in torture.
It was only in the ‘Kantada ‘ When the cause was reopened and the suspect was processed, the punishment notes.
However, it goes further that “the repeated manuscript, prepared for a few days after the detention, is not affected of the same nullity as the statement itself, even if it is indirect, because it did not produce the statement, the aforementioned letter would also have taken place.”
“In the present case, the manuscript is a clear reflection of the statements in the police headquarters and although it is true that data that was not offered in the headquarters are included,” this is not an obstacle to consider that one (the manuscript) is a consequence and a cause of the other (the police statement). “” Without the one, the other could not produce, “he says.
Sorzabal was arrested in 2001 Hernani (Gipuzkoa) and was then released, after which he fled to France, where he was re -arrested in 2015, together with the former Eta -ette David Pla.
After he was convicted for the first time in Spain in 2022, it was recently acquitted of the placement of a bomb on the El Altet Airport (Alicante), in 1995, and a few months ago a court of the national court reopened the summary for the murder in 1996 of the lower officer of the Ertza Dora attribues.
In this case, her defense also claimed that she confessed her participation in that attack for the torture she suffered during her first arrest in 2001.
Source: EITB
I am Ida Scott, a journalist and content author with a passion for uncovering the truth. I have been writing professionally for Today Times Live since 2020 and specialize in political news. My career began when I was just 17; I had already developed a knack for research and an eye for detail which made me stand out from my peers.
