Spain: Galician nationalist youths accused of terrorism

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On 14 November 2005, ten Galicians were detained in Lugo, Vigo, Ourense and Compostela as part of Operación Castañeiras, carried out by the Guardia Civil's Information Group for Obtaining Information in A Corunha, in relation to their alleged membership of the Associació da Mocedade Independentista (AMI, Association of Youth for Independence). They are under investigation for terrorist offences including apología (justifying terrorism), causing public damage and disorders, resulting in their appearance before an Audiencia Nacional judge in Madrid (who has exclusive competence for cases involving terrorist offences).

In an article in Esculca bulletin defence lawyer, Guillermo Presa Suárez, gave an account of the police operation and explained the difficulties faced by the defendants. He noted that the use of trumped-up terrorist offences permitted the by-passing of the competent judicial authority in Galicia in favour of the Audiencia Nacional, which ordered that the content of investigations be kept secret. The serious nature of the charges was then used to justify subsequent searches, in which objects as varied as a Che Guevara poster, love letters, cash, social centre accounts and magazines were confiscated.

Presa Suárez details the defendants' changes of mood. Initial surprise and confidence, resulting from a precedent case against the left-wing nationalist youth association BRIGA, in which the Audiencia Nacional was called upon to intervene in relation to alleged terrorist offences, but had to return competence to a court in A Corunha. The prisoners' treatment was reportedly reasonable in A Corunha, but deteriorated once they were transferred in a police van to Madrid, as a result of the hostile attitude of officers in the General Directorate of the Guardia Civil. The men were forced to stand for several hours, suffered psychological pressure and insults (both personal and against the Galician language), were subjected to threatening interrogations and heard shouts and blows coming from the adjacent room.

The mood improved again in the Audiencia Nacional, because the judge was known for a strict interpretation of anti-terrorist norms, contrary to notions of the "criminalisation of scenes". The prosecuting magistrate did not ask for any of the defendants to be placed in pre-emptive custody, and they were released. The Audiencia Nacional subsequently decided to refer the case back to Galician courts, "meaning that the investigations do not involve charges of a terrorist nature, and showing that the Guardia Civil's Information Group tried to force" the situation, according to Presa Suárez. It is possible that a Galician court will reject the telephone taps, searches and e-mail account interceptions that the Guardia Civil sought to introduce.

"A Guarda Civil e O Poster do Che", Esculca, n.11, December 2005, pp.9-10; available at: http://www.esculca.net

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