José Fernando Centeno, father of the civil guard Raúl Centeno, murdered in 2007 by ETA along with his partner Fernando Trapero, has requested together with the association Dignidad y Justicia that the Audiencia Nacional verify whether the former leader of the terrorist organization Garikoitz Aspiazu Rubina, alias "Txeroki", is really using his semi-freedom regime to perform a job and volunteer work in Guipúzcoa. In case it is verified that he does not comply with these obligations, they demand that this regime be revoked and that he return to a stricter penitentiary situation.
The request, which Europa Press has accessed, is directed to the Penitentiary Surveillance section of the Audiencia Nacional after the newspaper "ABC" reported that the former ETA leader would not be attending the herbalist where he is registered. In light of this information, Centeno and the victims' association demand clarification on whether "Txeroki" is following the program for which the outings were granted.
Although in the document they acknowledge that "he cannot present such claims as established facts," they request the penitentiary administration and the Martutene Penitentiary Center (Guipúzcoa) to "provide the specific program" under which the semi-freedom regime was authorized, and that it be verified "the effective realization of the external activities."
They emphasize that "real, effective, and verifiable compliance is required" and warn that, if not, "it deprives the exceptional measure of justification" that allowed the Audiencia Nacional to grant "Txeroki" the semi-freedom regime last February. In their opinion, the maintenance of this penitentiary situation depends on strict adherence to the established conditions.
The request specifies that, if it is confirmed that the former ETA leader "does not attend the workplace, does not complete the workday, or fails to comply with the work activity as provided, the objective budget that justified the measure will have lapsed," therefore, they insist, "it should proceed to his revocation, with a return to the ordinary second-degree regime."
Centeno and Dignidad y Justicia emphasize that the verification cannot be limited to "only confirming the work registration, but to verifying the reality of the provision: effective workplace, functions, workday, clock-ins or attendance reports, responsible supervisor, remuneration, and any incidents since the beginning of the measure."
For this reason, they demand that "the authorized outdoor activities, their treatment purpose, schedule, time, center or entity of execution, and control system" be specified, in order to determine if the convicted person is complying with the obligations that allow them to leave prison.
Likewise, they request that a "copy of the documents that prove the effective labor provision since the beginning of the measure: contract, agreed hours, work reports, attendance or check-in records, payrolls, payment receipts, and communications or reports from the employer entity that are in the file" be incorporated into the file, so that there are no doubts about the labor activity carried out.
Furthermore, they demand that "all controls carried out by the Center, the Treatment Board, or any collaborating entity regarding attendance, punctuality, and effective execution of the labor activity; their results; and the incidents, absences, or non-compliances detected" be detailed, with the aim of evaluating the degree of monitoring of the program.
In the event that it is confirmed "that the labor activity was used as a basis for the specific treatment program or for the outings and is not being fulfilled in reality and effectively," or relevant "non-compliances of any essential activity of the program" are detected, the association Dignidad y Justicia and Centeno request that "the semi-liberty regime be revoked" and "the return" of "Txeroki" to the second-degree regime be ordered.