The AN revokes the third degree to Xabier Atristain by not appreciating "unequivocal signs of disassociation" from ETA

They say that there is no record that it has contributed to "preventing the actions of associations that support terrorism"

MADRID, 26 Jul. (EUROPA PRESS) -

The National Court (AN) has revoked the third degree granted by the Department of Justice of the Basque Government to ETA prisoner Xabier Atristain as there are no "unequivocal signs of disassociation" with the terrorist group and not collaborating with the authorities "to prevent new crimes or impede the actions of associations that support terrorism".

In an order of this Monday, collected by Europa Press, the Criminal Chamber upholds the appeal filed by the Prosecutor's Office against the decision of the Central Penitentiary Surveillance Court to keep Atristain in the third degree "based on his statements of disassociation from the violence".

The Public Ministry appealed alleging that the ETA prisoner was sentenced to a total of 17 years in prison and that his pardon was not "expressive of a true process of repentance and repudiation for all his specific acts, without the disappearance of ETA and the preference for peaceful solutions and political defense of ideas can be understood as a sign of repentance and reflection on it".

Atristain's defense opposed the appeal, alleging that the prisoner would serve three-quarters of his sentence on April 18, 2024, that he has no direct victim and that he has made several criminal assumption writings, also highlighting his participation in activities in prison.

The magistrates now agree with the Prosecutor's Office and explain that, "in addition to not stating the unequivocal signs of disengagement", in their letter "it does not mention the activities carried out in collaboration with the authorities to prevent new crimes, identify other responsible and even in preventing the actions of organizations or associations linked to or in support of terrorism".

In this sense, the Chamber recalls that in May they already explained that the repentance letter was not "demonstrative of the recognition and assumption of the damage accused with his criminal activity, since it did not contain an express rejection of the criminal activity committed as a member of the terrorist band , limiting himself to making a generic statement of being sincere his pain and suffering for the victims of said terrorist organization".

It should be remembered that last March the Central Penitentiary Surveillance Court agreed to return Atristain to prison last March in application of the doctrine established by the Supreme Court, which establishes that the appeal of the Prosecutor's Office on the progression to third degree has "suspensive effect" until its resolution.

Judge María Reyes Jimeno applied the unified doctrine established at the end of last year by the Supreme Court. Specifically, the high court establishes that the appeal of the Prosecutor's Office will paralyze the release of the inmate "in the case of serious crimes. This paralysis, in particular, 'will be maintained until the resolution by the sentencing court, on a preferential and urgent basis, either said effect or the merits of the matter.