The Basque counselor of Justice and Human Rights, María Jesús San José, claims the full legality of the grade progressions and the flexibility of sentences through article 100.2 of the penitentiary regulation that are being granted to ETA prisoners. "I wish we could avoid the pain and suffering that these crimes have caused, but we certainly cannot do so by breaking the law," she states.
In Basque prisons, 107 inmates of the organization remain, and around 90% have submitted requests for "application of the rules of the rule of law that until a few years ago they fought against." Given this reality, she argues that "society must become aware" that, sooner or later, the inmates will be released from prison and the goal must be that "they come out better than they entered."
In an interview with Europa Press, San José emphasizes that "reintegration is a constitutional mandate and, therefore, a basic principle of criminal law," and clarifies that "it does not mean impunity or forgetfulness, but compliance with the sentence according to the law, taking responsibility for the act, with judicial control and guidance to avoid recidivism."
She also reminds that "we must not forget that those who are serving sentences will come out, will be on the street, will reintegrate into society, and it is desirable that they reintegrate better than they entered, if possible completely reintegrated, regardless of the crime they committed."
Regarding the discomfort of some victims' associations over the grade progressions and the application of 100.2 to ETA inmates, which they qualify as "fraudulent," she acknowledges that she is aware that "there is no punishment to compensate for the pain that the victims feel." Therefore, she insists that the Basque Government must be "especially rigorous" in each resolution it adopts. She reiterates that "I wish we could avoid the pain and suffering that these crimes have caused, but we cannot do so by breaking the law, because that is precisely what differentiates us from those who used violence outside the rule of law to impose a political project."
In any case, she emphasizes that her department's commitment "is focused on accompanying and listening to the victims, providing them with all the tools so that they understand that they are not alone" on the path "towards truth, justice, reparation, and recognition of their dignity."
The person in charge of Justice emphasizes that "decisions regarding penitentiary matters are not made lightly" and considers "a triumph of the rule of law that ETA prisoners are able to recognize the harm caused and adhere to that penitentiary legality."
Sincerity of the inmates and use of article 100.2
Regarding the possible lack of authenticity in the remorse of some inmates, she explains that "the technical teams in their reports, in their evaluations, take into account that there is coherence between the evolution of the inmate and their actions, between what they do and what they say." She adds that "if we thought there was fraud, if we thought that only benefit was being sought, no progression or application of 100.2 would be granted."
She details that "those who access a degree progression or 100.2 and go out to work or do some volunteer activity, because their treatment program advises it, continue serving their sentence and are not free." In this line, she emphasizes that her goal is "to achieve that ETA prisoners, when they leave prison, are not the same people who entered, that their discourse from the past does not hold, that they are able to internalize the harm they have caused and say that they should not have done it."
Response to the criticisms of the PP and application of the law
In the face of criticisms from the Popular Party, she recalls that "while he was in the Government of Spain, with President Aznar at the helm, only between 1996 and 1999 were around 200 prisoners transferred to prisons in Euskadi." She also points out that "there were 30 progressions to third degree in 4 years, there were releases, and all in a context where ETA was killing, extorting, kidnapping."
She also underscores that "one of the first decisions Aznar made as president was to pardon terrorists from Terra Iure, who were serving sentences for terrorism." In her opinion, "these decisions were made within the framework of the current legal system, in accordance with the penitentiary legislation that existed, just as it happens now. That is why I believe it is important for everyone to remember their past, to look inside their own house, before launching accusations at those of us who are working, complying with the law and with the sole objective of restoring coexistence in Euskadi."
The counselor firmly denies that there is an agreement between the Executive of Pedro Sánchez and EH Bildu to favor the release of ETA prisoners, as the PP claims. She asserts that "there is no privilege, there is no automatic right. If the incarcerated person does not meet the legally established legal or objective requirements, if there is no accredited evolution, if they do not take responsibility for the act committed, if there is no possibility of reoffending, and if they do not comply with civil responsibility, no permit, no change of classification, nor any progression of degree is granted."
In specific relation to article 100.2, San José recalls that it is "an individualized legal tool that is applied case by case based on technical reports and very specific circumstances." She details that "the technical teams analyze each file completely individually, attending to the fulfillment of objective requirements, personal evolution, assumption of responsibility, risk of recidivism, and possibilities of reintegration. They are professionals, and when they raise a question like this, it is because that evolution has been accredited."
For this reason, she maintains that the Basque Government is "strictly complying with the law, the decisions are motivated and subject to judicial control." She specifies that "in cases where they can be revoked or not authorized by the courts, it is not because the Administration has committed any irregularity or illegality, but rather that we are facing a technical or legal discrepancy within the framework of current law."
Regarding third degrees, she explains that "the time elapsed and the accredited evolution are evaluated." She asserts that "there is no discretion or arbitrariness there, because each one, both the Administration and, in this case, judicial control, decides where to focus and what their assessment and weighting is." She adds that there is a small group of ETA inmates who refuse to adhere to this reintegration itinerary and who will also leave prison upon serving their sentence, but "without having changed absolutely anything and having done no treatment that contributes to their reintegration."
Missing from the Transition and official secrets
Finally, San José supports the words of the general secretary of the PSE-EE, Eneko Andueza, who on the 50th anniversary of the disappearance of the former leader of ETA political-military Eduardo Moreno Bergareche, 'Pertur', demanded from the State "to do everything in its power to locate those who disappeared during the transition, and that anyone who knows something overcomes their fear and speaks up."
He considers that "it is a fundamental step" the reform of the Official Secrets Act. In his view, "we must be able to look at the past no matter how dirty and painful it is, and if we firmly believe that until we heal all those wounds we will not be able to weave a firm and solid coexistence, I do not understand what sense it makes to continue hiding documentation that could contribute so much to so many families like that of Pertur, that of Lasa and Zabala or to the families of the victims of Bahía de Pasaia, etc."