Sunday, March 14, 2010

Acquittal and repair for Egunkaria

The recent history has known multiple abuses and committed nonsenses taking the struggle as an excuse against ETA. Some of this outrage were so sangrantes like the retreat of the right of passive suffrage to persons against whom some legal decision was not coming up in his against that it was endorsing such a decision, damaging the right of political participation (article 23 of texto-que-a·n-no-ha-entrado-en-vigor-en-sus-partes-mßs-importantes-conocido-popularmente-como - "Constitution - Spaniard") with a tool in the hand (the LOPP) that can only limit the right of association (article 22 of texto-que-a·n-no-ha-entrado-en-vigor-en-sus-partes-mßs-importantes-conocido-popularmente-como - "Constitution - Spaniard"). But of between all the injustices possibly he stands out (for his brutal and clear arbitrariness and his well-known despotism) the closing of the newspaper in Basque Egunkaria.
Seven years after the National Hearing was closing the newspaper, today there exists already neither accusation of the District attorney's office nor particular accusation. The process goes forward sustained on the popular accusation exercised by the “Association of Victims of terrorism” and the “Association Dignity and Justice”.
This one made breaks with the doctrine marked by the Supreme Court in the case Booty, when it was established that the popular accusations cannot ask for the opening of oral judgment when the District attorney's office and the harmed ones have desisted from the cause. In case of Egunkaria particular accusation never existed, and in the relative thing to the public accusation the District attorney's office takes three years supporting that there is no base to support the cause. What I conclude that for Booty it was not sufficient, it seems that yes it it will be in case of five of the persons in charge of Egunkaria.
For blush of the State that is said “about Right”, it is necessary to remember that five of the persons stopped by the case Egunkaria were imprisoned by this process during long periods of time (one of them more than one year and a half, and other one more than twenty-one months).
To the closing (that was considered to be "provisional" by the National Hearing, and that at first was six months) he was followed by extensions that have achieved the definitive disappearance of the way. There 180 human beings were working.
Today there begins the trial against two ex-directors and three ex-members of the council of administration of the newspaper Egunkaria, who should have the support of all the persons with a minimal democratic sensibility.
To finish, a few recommended readings:
On the case in general: a very good entry in “Great Whom It Includes”, where you will find a few interesting ties to the key questions of the process.
On the chiripitiflaúticas accusations of the "AVT" and “Dignity and Justice”: the article of Carmen Lamarca, titular teacher of Criminal law of the University Carlos III of Madrid.
[Related entry: "The permanent lynching in the Basque Country"]

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