28 March 2012
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Spain/Basque Country: European Democratic Lawyers
association criticises trial against prisoner support and human
rights organisations
On 19 April 2008
in Amsterdam, the European Democratic Lawyers (EDL) association
issued a statement in response to the start of trial 33/01 against
the Basque prisoner support and human rights associations Gestoras
pro Amnistia and Askatasuna, noting that it will monitor
proceedings and report any violation that may take place with
regards to the right to a fair trial and the free exercise of
the rights of the defence.
The statement recalls
that it has expressed concern for past proceedings (including
the recent 18/98 trial) initiated by the Audiencia Nacional,
the Madrid-based court that has exclusive competencies for trials
concerning terrorism, due to its use of an extensive interpretation
of the crime of terrorism and the application of emergency laws
that entail violations of the right to defence and presumption
of innocence.
Specific criticism of the 33/01 proceedings is levelled at the
searches in lawyers' offices without guaranteeing the respect
of professional secrecy and the confidentiality of lawyer-client
communications, the unjustified length of proceedings, the misuse
of preventive measures such as imprisonment for up to the legal
maximum of four years, and the suspension of the associations'
activities. One of the 27 people charged, lawyer Julen Arzuaga,
is a representative of Eskubideak in EDL.
The statement calls for the abolition of the Audiencia Nacional,
which it considers an "exceptional court", claims that
the right to defence is being criminalised in order to limit
it and rejects "the arbitrary and inadmissible extension
of the concept of terrorism to include public and democratic
activities that fall under the right of expression and the right
to a free political and social engagement".
Press release [original, in French]
Press release
[in English]
Press release
[in Spanish]
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