The former head of ETA Ata opposes being tried for the murder of Giménez Abad as he has not been handed over for these events

The National Court will have to decide whether to ask permission from France to be able to sit him on the bench

MADRID, 20 Ene. (EUROPA PRESS) -

The one who was the last military chief of ETA, Mikel Carrera Sarobe, alias 'Ata', has opposed being tried by the National Court for the murder of the former president of the PP in Aragon Manuel Giménez Abad for not having been handed over by France -- where he was sentenced to two life sentences-- for these facts.

Legal sources have explained to Europa Press that in the hearing held this Friday the defense of 'Ata' has ruled out giving up the principle of specialty, the only possibility that the AN could prosecute him without having to go to the French country beforehand.

This refusal has led the Prosecutor's Office to request the Criminal Chamber to go to France so that they can proceed against 'Ata'. The magistrates of the First Section must now decide whether to process a European Arrest and Surrender Order (OEDE).

It should be remembered that the head of the Central Investigating Court Number 1 prosecuted Carrera Sarobe and Miren Itxaso Zaldua, also an ETA member, for an alleged crime of terrorist murder committed in 2001 against Giménez Abad.

In their indictment, the family of Giménez Abad, who exercises the private prosecution, asks to impose penalties of 30 years in prison on Carrera Sarobe and Itxaso and the prohibition of approaching the city of Zaragoza to less than 1 kilometer for 5 years. In addition, they request that they have to jointly and severally compensate the widow and each of the four children of the leader in the amount of 250,000 euros to each of them.

Giménez Abad's relatives accuse 'Ata' of shooting Giménez Abad "in the back and at point blank range" "in the presence of his underage son." Itxaso, for his part, "waited in the vicinity of the place" while his partner carried out the deadly attack.

The Dignidad y Justicia (DyJ) association, which exercises popular prosecution, has requested that the same sentence be imposed for both ETA members: 30 years in prison. In addition, they ask that they not be able to approach Zaragoza and the place of residence of the widow and children of Giménez Abad, as well as to communicate or approach them for 10 years.

It should be remembered that 'Ata' already has two life sentences in France for the murder in 2010 of the French gendarme Jean Serge Nerin, who was the last fatality of the gang, and of the civil guards Raúl Centeno and Fernando Trapero in Capbreton in 2007 Specifically, the neighboring country established life imprisonment with the obligation that he spend at least 22 years in prison.

The ETA member was arrested on May 20, 2010 in a flat in Bayonne (France) together with two of his collaborators. He belonged to the tough sector of the ETA leadership and was a faithful ally of 'Txeroki', then in charge of commandos, in the confrontation he had with the late Javier López Peña, 'Thierry', the man who from the leadership of the 'political apparatus ' frustrated the negotiation with the Government of José Luis Rodríguez Zapatero.