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The Basque National Liberation Movement (Basque: Euskal Nazio Askapenerako Mugimendua, "ENAM") is a term that encompasses all political, social and armed organizations which have as their goal the creation of a sovereign state which would include all of the Basque Country and Navarre, and be independent of France and Spain. Although this movement is currently synonymous with the separatist organisation ETA, it does have a history stretching back long before ETA's formation. The failure of politics to satisfy the desire many Basques have had for a return to self-governance, and the severe limitations imposed on the use of their language and expression of their culture by Franco, were contributory factors to the initiation of the latest armed conflict, headed by ETA.

The people who have been imprisoned over the past 40 years have mostly been linked to this armed struggle and have been convicted of terrorist activities, or for belonging to or having belonged to ETA or other organisations linked to it. Many will have taken part in ETA's violent campaign, and some have been convicted of murder.

History

The number of prisoners related to the Basque National Liberation Movement has varied over the years as can be seen in the following bar chart. It begins in 1978, after the amnesty of 1977, which made it illegal to bring to trial any Franco era crime, and also gave amnesty to all prisoners who had committed crimes with a political root during Franco's dictatorship and the Spanish transition to democracy.

The data for the bar chart comes from Etxerat, the association of family members of these prisoners, and the EPPK (Euskal Preso Politikoen Kolektiboa). However it should be noted that some prisoners choose not to be part of Etxerat, or have been expelled, and so the number of Basque National Liberation Movement prisoners is approximately 7% more than these figures. For example, in 2005 Etxerat reported 507 prisoners were held in Spanish prisons, while the Spanish prison service stated that there were 544 related to ETA.

For consistency the Etxerat figures have been used in the bar chart and they give a good indication of how the number of prisoners has changed over the years.

Current situation

According to Etxerat there are currently 427 people imprisoned due their activities in support of, or links to ETA terrorism. One is in Portugal, 91 in France and the remaining 335 are in Spain. Four are under house arrest, with the rest being held in prisons. 63 are women, and five of these have babies with them.

Dispersion policy

In 1989 the Spanish government began a policy of dispersion of Basque prisoners throughout Spain. The purpose was to restrict communication between ETA and its prisoners and to demoralise them. At the beginning some prisoners were even sent to North Africa and the Canary Islands, but during ETA's ceasefire in the late 1990s those prisoners were brought back to the mainland, and even after the ceasefire ended they were kept there. Several times prisoners have been brought nearer to the Basque Country as a response to an ETA ceasefire. For example, in September 1999, 105 prisoners were sent to prisons nearer the Basque Country in response to ETA maintaining its ceasefire for over a year. However, prisoners have also been sent further away in response to ETA violence.

The policy has been maintained over the years, generally sending the more dangerous or high ranking individuals to prisons furthest from the Basque Country.

2014 marked the 25th anniversary of this policy, which has been hailed as a great success by the Spanish government, especially in the light of the 2011 declaration by ETA of a permanent ceasefire. France has taken a similar approach, spreading the prisoners throughout the French prison system.

The families of the prisoners view this policy as punishing them, as they are forced to travel large distances to visit their imprisoned relatives. They say that the distances they need to travel cause stress, is financially draining and that every year there are accidents involving family members while travelling to or from prisons. Prisoners who are held in prisons with no other Basques feel they are effectively being put in isolation as in such a situation there would be no one else to talk to using their Basque language.

The maps below show where current prisoners are held.

There have been many demonstrations calling for all these prisoners to be moved to prisons in the Basque Country. Currently there is a highly publicised campaign calling for this. Its slogan is "Euskal presoak- Euskal Herrira" ("Basque prisoners- to the Basque Country"). It has widespread support within the Basque Country. Ill prisoners also regularly ask to be transferred to prisons in the Basque country. However, in the rest of Spain, there is a strong rejection of this campaign. Mariano Rajoy, the Prime Minister of Spain, said in 2011 that he would not consider ending the policy until ETA declares its disbandment.

EPPK

Euskal Preso Politikoen Kolektiboa (EPPK) is a collective which speaks and negotiates for, and has as members the majority of these prisoners.

Originally this role was played by La Comisión Pro Amnistía and La Gestora Pro Amnistía, both of which were dissolved after the general amnesty in 1978. In 1979 Gestoras pro Amnistía was created to take their place. After this was made illegal in 2001 Askatasuna took on the role, but was itself made illegal in 2002. In 2008 twenty-one members who had run Gestoras pro Amnistía were jailed for between 8 and 10 years each. In 2011 the former head of Askatasuna, Oihana Agirre was given a 12-year sentence.

Since the illegalization of Askatasuna the EPPK and Etxerat have spoken for the prisoners and campaigned for amnesty to be granted to them. The EPPK is said to control prisoners strictly and demand they follow its orders. Prisoners who refuse orders from the EPPK have been ostracized.

It is thought there are broadly 2 groups within the prisoner population. One group has long sentences yet to serve, who would prefer a group negotiation for amnesty. The other group consists of prisoners with less time to serve before being released, and they might be interested in applying for better conditions or for limited release.

In 2012 the EPPK was criticized by former prisoners for insisting on amnesty for all prisoners and denying many prisoners the option of improving their own situation through other legal means. In December 2013 the EPPK announced that it was dropping its long standing demand for amnesty of all prisoners, and so opened the door for prisoners to negotiate individually for better conditions.

However, in July 2014 it was reported that no member of the EPPK had begun individual negotiations, and it was believed that the EPPK was still following an alternative strategy.

High-profile prisoners

Rafael Díez Usabiaga, who was previously a member of the Basque Parliament and also of the Spain's Congress of Deputies, has been in prison since 2011. He was given a 10-year sentence, but on 9 May 2012 had his sentence reduced to 6½ years by the Supreme Court of Spain when it decided that he was not a leading member of ETA.

Until March 2016 Arnaldo Otegi, who was convicted with Usabiaga, was also held in prison. The campaign for his release received support from Desmond Tutu and José Mujica, amongst others.

Hunger strikes

There have been many hunger strikes by Basque prisoners. None have led to the death of a prisoner.

Here is a list of some of them:

• In June 1974 thirteen prisoners in Basauri prison began a hunger strike. It lasted 13 days.
• In September 1974 one prisoner in Zaragoza prison took part in a 16-day hunger strike and was hospitalized.
• In October 1974 thirteen prisoners in Basauri prison began another hunger strike.
• In December 1974 six prisoners took part in a hunger strike in Zaragoza prison.
• In September 1976 twelve prisoners began a hunger strike in Burgos prison to protest at the conditions of the prison and their treatment.
• In December 1976 eleven prisoners began another hunger strike in Burgos prison.
• In August 1977 seven prisoners from Carabanchel and Martutene prisons took part in a hunger strike.
• In May 1978 nine prisoners held in Pamplona prison held a 17-day hunger strike. It was to support the Pro-Amnesty week, and demand a general amnesty.
• In October 1980, 43 prisoners took part in a hunger strike to complain about harsh treatment in the prisons of Soria and Zamora.
• In September 1982, 74 prisoners in Puerto Santa Maria prison began a hunger strike.
• In February 1984, two prisoners in Fresnes prison, in France held a month-long hunger strike.
• In June 1986 almost 100 prisoners held in Herrera de la Mancha prison took part in a hunger strike to demand amnesty.
• In November 1987 over 100 prisoners from six prisons declared a hunger strike to protest "against the repression of the Basque people, and for political negotiations".
• In December 1988 three prisoners in French jails took part in a month-long hunger strike, and were hospitalized.
• In April 1991 seventy prisoners in Herrera de la Mancha prison began a hunger strike to complain about being separated from each other within the prison.
• In May 1992, twelve prisoners in El Salto del Negro Prison, in the Canary Islands, held a month-long hunger strike.
• In July 1992, nine prisoners in Puerto 2 prison, held a hunger strike to complain about conditions in the prison.
• In September 1994, 250 prisoners began a hunger strike.
• In July 1996 Iñaki Olaskoaga Múgica, imprisoned in Uzerche prison in France undertook a hunger strike to demand that Basque prisoners be imprisoned together in a Basque prison. After 23 days he was transferred to hospital.
• In October 1998 four prisoners in La Sante prison in Paris went on hunger strike to protest against the planned extradition of one of them to Spain after completing his sentence in France.
• In May 2000, 300 prisoners ended a 7 month long hunger strike.
• In August 2006 José Ignacio de Juana Chaos began his first hunger strike which lasted 63 days. It was to protest against him being accused of making terrorist threats in two letters written from prison just as he was about to be released after 17 years inside. In November of the same year he was given a 12½ year sentence for writing those letters. In protest at the sentence he began another hunger strike which ended on 1 March 2007 after 114 days. He began his third hunger strike in July 2008 in protest at the Spanish authorities confiscating the apartment his wife had bought from his mother, and where he was planning to live on leaving prison.
• In January 2010 Lorentxa Gimon began a hunger strike to protest against her isolation in the French prison where she was. It began before and independently of the mass hunger strike which began later in January.
• In January 2010 there was a mass hunger strike by all 742 prisoners belonging to the collective of Basque prisoners (EPPK). It was to complain about the policy of dispersion.
• In October 2010 six prisoners began a 15-day hunger strike in Murcia prison to demand that they all be kept in the same part of the prison, and to complain at the unhygienic conditions of the whole prison, including a plague of rats in the kitchen and dining room.
• In February 2012 Ibon Goieaskoetxea and Borja Gutiérrez began a hunger strike in protest of the imminent transfer of Goieaskoetxea to another prison in France.
• In August 2012 a hunger strike was begun to protest at the Spanish authorities refusal to let Josu Uribetxeberria, a jailed ETA member who had terminal cancer, from returning home to die. It began with 100 prisoners in Spain, including Arnaldo Otegi, and they were joined by 91 from French prisons. By 13 August 254 prisoners had joined the hunger strike.
• In October 2013 fifteen Basque prisoners in Seville prison began a hunger strike to protest against their incarceration so far from home and their families. Thirteen of the prisoners continued the hunger strike for 32 days.

'Via Nanclares'

'Via Nanclares' is a project to allow ETA prisoners to gain better conditions in prison and eventually to be released on condition they fulfill certain conditions. The core of these conditions is that they distance themselves from ETA, ask for forgiveness, and agree to pay compensation for their actions. Its purpose is to break the control the EPPK (Euskal Preso Politikoen Kolektiboa) has over these prisoners and the strict discipline it imposes. Part of this discipline for example, demanded that amnesty of all prisoners was to be sought, and that individuals could not seek ways to reduce their own sentences. Anyone doing so would be ostracized. The 'Via Nanclares' project was thought up by Alfredo Pérez Rubalcaba and set in motion by the then Prime Minister José Luis Zapatero in 2009. It takes its name from the old Nanclares de Oca prison in the Basque Country, where these prisoners were to be sent. In 2011 that prison was replaced by the new 720 cell Zaballa prison, built close to it.

With the change of government in Madrid in November 2011 the 'Via Nanclares' was temporarily closed, but is now in use again. It requires prisoners to:

• Distance themselves from ETA.

• Accept the sentence they have been given.

• Leave the collective of Basque prisoners (EPPK).

• Publicly denounce ETA and the use of violence.

• Ask for forgiveness from the families of their victims, if there are any.

• Agree to pay compensation, if damage has been caused.

• And lastly to collaborate with the Spanish judicial system in the fight against terrorism.

When ETA declared its permanent ceasefire in 2011 twenty two prisoners had opted for this option. However, Mikel Buesa claimed that 68 prisoners had started the 'Via Nanclares' by 2012, with 30 managing to be sent to Nanclares prison. The first to be released through the 'Via Nanclares' were José Manuel Fernández Pérez de Nanclares and Fernando de Luis Astarloa in 2012. Prisoners who have chosen this way to improve their conditions have all found themselves ostracized by the radical nationalist community they were formally part of. Many prisoners have been reluctant to pursue the 'Via Nanclares' for this reason.

The 'Via Nanclares' was closed at the end of 2011 when the Partido Popular won the general election. The new government initiated a different project to rehabilitate prisoners, but only one person used it.

In 2014 Spanish judges opened up the way for prisoners, who had been on the 'Via Nanclares' when the project was stopped, to continue the process. So far 3 have been given permission to leave prison during daytime, and a further 8 have been given permission to spend 18 days away from the prison in every 6-month period.

The Parot doctrine

In October 2013 the European Court of Human Rights (ECtHR) condemned Spain over its continued detention of Inés del Rio. She was due to be released in 2008 for good behaviour after 21 years in prison, but in 2006 Spain changed its rules to include what is now known as the Parot doctrine, and decided to postpone her release until 2017. The ECtHR declared that this was a violation of two articles (5 and 7) of the European Convention on Human Rights and ordered Spain to release her as soon as possible and to pay her compensation. The following day, on 21 October 2013, she was released from prison.

The Spanish government complained that this ruling would mean they would have to release dozens of ETA prisoners. In November 2013 Spain began releasing other prisoners, and in the end a total of 61 prisoners were released in the wake of this court ruling, including one being held temporarily in a prison in the UK.

There were several large protests held in Spain against the ruling by the ECtHR which were organised by the Association of Victims of Terrorism.

Torture allegations

Between 1977 and 2002 there were approximately 5300 claims of torture having been carried out by police on Basque prisoners. Since then there have been hundreds more accusations. Allegations of torture are mostly related to threats and beatings, and then to lesser degrees to suffocation, forced body positions, undressing and physical exercises. Different police forces are said to have different methods, with the Civil Guard being the more severe.

Torture is always claimed to take place in secret and so it is difficult to know if it has taken place or not. The Spanish Government insists that the torture claims by Basque detainees are false and are part of a tactic by ETA to gain political capital and sympathy. In 2008 a manual produced by ETA for its members was found, which instructed them to claim to have been tortured by the police if they were ever detained.

A United Nations report published in March 2004 stated that the fact that detainees are held incommunicado for up to 5 days allows abuses to take place, and advised the Spanish government to make changes to this practice.

One example of an alleged incident is that of Martxelo Otamendi, the editor of a Basque language newspaper, Egunkaria, who claimed in 2004 to have been stripped naked, blindfolded, touched with unidentified objects around his genitals, had an unloaded pistol fired next to his head, and was forced to stay standing for 3 days. Six colleagues who were detained at the same time also claimed to have experienced similar treatment. They were eventually released without charge after the newspaper had been put into liquidation and its assets sold.

Another example was the case of Fernando Elejalde Tapia who Amnesty International reported as a suspected case of torture. After being arrested he was transferred to hospital with "a fractured ear drum, four broken vertebrae in his back, bruising all over his body, blackened eyes, a kidney malfunction and was in a state of semi-consciousness."

Another case was that of Ms Leire Gallastegui, who claimed in 2001 to have been told to choose between "electrodes, her mother's arrest or a broom handle".

In December 2010 four Civil Guard police officers were jailed for torturing two men suspected of terrorist activities. The police officers were released in 2011 after appealing to the Spanish High Court, which judged the injuries sustained by the suspects to have been caused by a violent arrest.

In October 2014 the European Court of Human Rights criticised Spain for failing to protect prisoners from violence at the hands of the authorities. In particular the cases of Ms Beatriz Etxebarria Caballero, and Mr Oihan Unai Ataun Rojo were examined. It was shown that the Spanish authorities did little to investigate their claims of torture and ordered Spain to pay each compensation.

Escapes

There have been numerous attempts at escaping from custody. Of the 10 successful escapes, 3 have been from hospitals. The biggest involved 29 prisoners who dug a tunnel to escape Segovia prison in 1976. A film has been made based on it. The most recent escape was by Ibon Fernández Iradi who managed to flee the police station where he was being held in France in 2002.

Reintegration into society

When prisoners are released they are currently offered help by Harrera Elkartea, an organisation created in 2012, which helps them looking for work, sorting out their finances, paperwork and other issues. Some politicians have called for this organisation to be made illegal.

In its first 2 years Harrera Elkartea has helped 18 ex-prisoners back into work, 45 to get their driving license, and about 40 to get dental treatment and sort out eye problems.

Publications

In 2002 the Ataramiñe cultural association was set up to promote and publish literary work of these prisoners. Each year since then a book has been published compiling shorter works, and many other longer works have also been published.

Recent developments

In December 2013 the EPPK, which is the collective organisation negotiating on behalf of the prisoners, dropped its long standing demand for amnesty for all the prisoners, leaving the way open for individuals to negotiate individually for their release.

Also in December 2013, ETA declared that they recognised the "suffering and damage" caused by their actions, and also acknowledged the Spanish legal system. These two declarations were key demands from Madrid before any talks could start over the conditions of the prisoners.

In May 2014 the Minister of the Interior, Jorge Fernández Díaz said that the government would not consider the ending of the policy of dispersion unless ETA disbanded completely, or until the individual prisoners ask for forgiveness.

In July 2014 France agreed for the first time to transfer 2 prisoners to a prison near the Basque Country.

The Spanish government agreed in October 2014 to let members of ETA with Spanish nationality who are imprisoned in France, be transferred to prisons in Spain.

List of current prisoners

Naming mostly follows Spanish naming customs of christian name first, followed by the surname of the father, and lastly the mother's surname. The surnames which include the word 'de' are examples of compound surnames from Álava. French citizens just have one surname.

Last updated: 25 January 2016
Source: Etxerat

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104. "Harrera destaca los avances en la reintegración..." Diario Vasco, 18 May 2014, in Spanish. Retrieved 10 September 2014.
105. "Basque prisoners' shift raises hopes for peace". The China Post, 2 January 2014. Retrieved 1 August 2014.
106. "What now for ETA prisoner?". Euronews, 11 February 2014. Retrieved 2 August 2014.
107. "Interior reitera que mantendrá la dispersion..." El Mundo, 14 May 2014. Retrieved 2 August 2014.
108. "Francia acerca al Pais Vasco a los dos primeros..." El Pais, 9 July 2014. Retrieved 7 August 2014.
109. "El Congreso aprueba el traslado a España de..." Diario Vasco, 31 October 2014. Retrieved 4 November 2014.
110. "Un preso de la 'Vía Nanclares'..." El Mundo, 6 November 2013. Retrieved 24 October 2014.
111. "Victimas de Hipercor..." El Correo.com, 1 October 2014. Retrieved 27 October 2014.
112. "La Via Zaballa no es..." diariovasco.com, 12 March 2014. Retrieved 27 October 2014.
113. "El exetarra Ibon..." ABC.es 30 July 2014. Retrieved 28 October 2014.
114. "La Etarra arrepentida Carmen Guisasola..." elEconomista.es 19 December 2013. Retrieved 27 October 2014.
115. "Conceden doce dias de permiso..." ElCorreo.com 20 October 2014. Retrieved 28 October 2014.
116. "El etarra Pikabea..." ABC.es, 27 March 2014. Retrieved 27 October 2014.
117. "Suspenden los permisos..." El Correo.com 18 July 2014. Retrieved 27 October 2014.

External links

• Etxerat website in Basque and Spanish
• EPPK website in Basque

• Basque conflict
• Basque history
• Basque politics