THE JARRAI-HAIKA-SEGI TRIAL DOSSIER
0. – INTRODUCTION
The aim of this report is to explain the judicial attack on the Basque Pro-independence revolu-tionary youth organisations Haika and Segi. The judicial measures taken against Haika and Segi respond to specific political aims, therefore, we believe it is necessary to explain the politi-cal reasons impelling the Spanish and French states, as well as the details of the judicial proce-dure.
1. – CASE 18/98
Baltasar Garzà³n, judge of the 5th court of the National High Court (Audiencia Nacional) initiated the case 18/98. Later, judge Garzà³n started some other cases using the same arguments. So, nowadays the Audiencia Nacional has some cases connected: case 18/98, case Jarrai-Haika-Segi, case Pro-Amnesty Movement,…
The theory of Garzà³n says that all these cases should be included in case 18/98. Garzon says: “Every organization in the Basque National Liberation Movement is a part of ETA. ETA is who carries the armed struggle out, but other political and social organizations complete this activ-ity.” Every operation was included in case 18/98 (Egin, AEK, Xaki,…), but the 4th Court of Audi-encia Nacional, which was the one that had to listen the allegations of the defences, freed the people arrested in the first operations. This made Garzà³n open different cases for the next op-erations.
With this cases they pretend to judge political and social activities. They say that with these cases they are trying to find terrorist activities, but it is clear that there is no one. In the politial operations they didn´t find any explosive nor arms, no one is charged with murder, and, finally, no one is part of any armed organization. They are only charged with political and social activi-ties, but Garzà³n says that these activities help ETA. Until today, you had to have a direct rela-tion with ETA to be considered a collaborator. Nowadays you only have to do an activity that Garzà³n thinks is helping ETA to be charged with terrorist activity. This is how they are trying to criminalizate every political and social activity.
It is the subjective interpretation of these activities what has started those cases. Garzà³n changes what used to be “legal”, to be considered “illegal”. The social and political activities of many organizations begin to be considered as terrorist activities. People charged in these cases used to do public work, speak in press conferences,… But suddenly, without any change in the penal code, thir work is illegal.
The way Garzà³n works is very simple. Garzà³n chooses an organization. The next thing to do is to investigate this organization, what is so easy because all of them are public organizations: they look for documents (public documents), they record conversations, they identify people in meetings,… This is the way they work to get “criminal evidences”.
The judge takes the evidences, and investigates using his theory about ETA and a subjective reading of the penal code. This is how they turn political and social activities into crimes. The Spanish state says that every organization trying tochange the “legal” status of the Basque Country is working for ETA. Garzà³n says that ETA created all these organizations.
Garzà³n takes a historical event as a basis for his theory. In 1974 ETA was the only revolution-ary independentist organization, but when Franco died the Spanish state began to legalize some groups. Using this lettle freedom, people started to create different groups that dealt with different problems from an independentist and socialist point of view. This is the reason given by Garzà³n to prove that all these groups have been created by ETA, to achieve its objectives.
Another consequence of the operations is the closure of the premises of many organizations, and the theft of their material (computers, documents,…),what has difficulted the activities of these organizations.
Some companies and 3 media (Egin newspaper, Ardi Beltza magazine and Euskaldunon Egunkaria) have been closed by the police. And 5 organizations or political groups and their activities have been banned: Xaki, organization for international connections; Jarrai-Haika-Segi, youth organizations; Ekin, organization which dealt with many people´s problems; Gestoras Pro Amnistàa/Askatasuna, organization fighting for the amnesty and political prisoner´s rights; Udal-biltza, national institution created by local councillors and mayors from the Basque Country.
The Spanish state wants to destroy the work made by these organizations. So, nowadays, to put a poster about the Basque political prisoners, to criticise the hard situation of youth,… are illegal activities.
This is a summary of the work of Audiencia Nacional:
– Case AEK/Companies (March 1998): AEK (organization for the teaching of Basque lan-guage to adults) and other companies were investigated and accused of giving money to ETA, and 12 people were arrested. 11 of them were imprisoned, some companies were closed and a lot of workers lost their jobs. In 2001, Garzà³n realised that it was impossible to find a link between ETA and AEK, and sent the case to the ordinary court of Bilbao, because of some alleged economic irregularities.
– Closure of Egin and Egin Radio (June 1998): Garzà³n said that this newspaper and this radio were the voice of ETA in the media. Orain SA and some other companies were closed, and the workers lost their jobs. 15 people were arrested and 8 were imprisoned. All of them have been released on bail.
– Case Xaki (January 2000): It was the organization that was in charge of the international connections of the Basque National Liberation Movement. 11 people were arrested and 6 imprisoned, and it was banned. They have been released on bail.
– Case Ekin (September 2000): This organization´s aim was to stimulate people´s struggles and fights. Garzà³n says that this organization is the political head of ETA. 20 people were arrested, and 18 imprisoned charged with membership of ETA. After some months all of them were released on bail.
– Joxemi Zumalabe Foundation (October 2000): This foundation stimulates the connection and relation between social organization and movements. Garzà³n says that they are trying to break the current political status. 10 people were arrested and 6 imprisoned. All of them have been released on bail.
– Haika (March 2001): Organization accused of being the youth movement of ETA. 19 young people were arrested , and 20 imprisoned. Some of them are still in prison.
– Pepe Rei journalist (April 2001): Director of Ardi Beltza magazine. Similar case to Egin and Egin Radio case. He was imprisoned and released on bail.
– Gestoras Pro Amnistàa (october 2001): It fought for the rights of the Basque political pris-oners, for the human rights and against repression. 13 people were arrested, 11 impris-soned and this organization was banned.
– Zabaltzen (November 2001): It is a publisher of books, discs,… related to the Basque cul-ture. There is no charge against this company but its premises were searched and some documents were stolen by the police.
– Askatasuna (February 2002): This organization was created to replace the banned Ge-storas Pro Amnistàa. It was also banned and 5 people were arrested. Some of them are still in prison.
– Segi (March 2002): This youth organization, created with the same purposes as Haika, was also banned. 12 people were arrested and 11 imprisoned. All of them are still in prison.
– Batasuna (April 2002): Garzà³n says that Batasuna is just a big company of ETA. 15 people were arrested and 10 imprisoned. The police searched some companies and “herriko taber-nas” (cultural and gastronomic associations of the Basque National Liberation Movement). In June Batasuna was charged with the costs of the damages caused by the street fighting. 109 bank accounts and 75 premises were confiscated.
– Euskaldunon Egunkaria (February 2003): The Audiencia Nacional says that this newspa-per was created by ETA and worked for ETA. 10 people were arrested and some premises were searched. Arrested people were tortured by Civil Guards. 3 of them were imprisoned and the newspaper was closed. Some months later all of them were released on bail.
– Udalbiltza (April 2003): It is the national assembly of the local councillors and mayors of the Basque Country. Garzà³n says that it was created by ETA and works for ETA. It was banned and 8 people were arrested and imprisoned. All of them have been released on bail.
2. – THE ATTACK AGAINST THE BASQUE YOUTH
25 years ago, a new Basque revolutionary youth organisation was created. It would go on to influence the history of both the Basque youth movement and of the Basque Country itself. A number of youth organisations sprang up during the second half of the 70s, but on May 6, 1979 Jarrai was founded. It was a new organisation which would reinforce youth agency and organi-sation in the struggle towards independence and socialism. From then on, the need for youth agency and the tendency to get organised were to take root with ever increasing strength within the Basque youth. These feelings would lead young people to create a large number of youth organisations with various aims and fortunes. The common characteristic of these organisations was that they all had a commitment to tackle young people´s problems from a revolutionary and pro-independence stance.
Every youth organization had a different way of working and struggling. But all of them fought for the rights of the youth and to create an independentist revolutionary alternative for the young. They fought against the precarious situation of the young, against drug adiction, for the non-submission, and for the rights of young people. Those and other youth struggles have been a priority in the Basque Country for the last 3 decades.
Nevertheless, the contribution made by these pro-independence, revolutionary youth organisa-tions goes further than the struggle for youth rights. We can say, humbly but proudly at the same time, that the fact that the flame of the struggle continues to warm those at home and burn the enemy is partly thanks to the ongoing struggle carried out by the revolutionary pro-independence youth organisations. Young people have historically been at the front of the struggle for freedom. This has been essential upon countering the attacks by the Spanish and French states and upon moving forward in the Basque national construction process.
The states have realised that the activity of the Basque youth organisations has kept the flame alive. This is why there is one thing that has never changed, unfortunately, throughout these 25 years; in one way or another, all the young generations involved in the struggle have had to suf-fer fierce repression. It is impossible to understand the struggle of the youth movement without taking into account the ominous shadow of repression. The states and the powerful economic elite in the Basque Country have always given but one answer for the youth movement: repres-sion and more repression. They have used different repressive means depending on the politi-cal context and the aims of each period. Therefore, Basque youth organisations have always had two main duties. On the one hand, they have moved the struggle of the youth towards in-dependence and socialism forward; on the other hand, they have had to respond to repression. The bravery and tenacity shown by the youth movement as well as its ability to respond to re-pression have been an example for the Basque Liberation Movement and for many other sec-tions of society. All this has not only been an example for others, it has also shown the futility of repression and served to overcome the various repressive strategies implemented.
Nevertheless, the Spanish and French states have never ceased in their persecution against young Basque activists. A number of members of Haika and Segi have been arrested, tortured and jailed for daring to get organised and work towards independence and socialism. Being a member of Haika or Segi has become a serious crime of terrorism for the states that oppress the Basque Country. Thus, members of Haika and Segi prosecuted by the fascist judge Balta-sar Garzà³n are at risk of receiving long jail sentences. The members of Haika and Segi are not the only ones under the threat of such repression. Any youth who dares to struggle for a differ-ent world, in the Basque Country and elsewhere may find the crosshairs of the state on their backs. France, Spain and the Basque economic elite have never let up in their attempts to crush the struggle of the Basque youth. The young activists held in French and Spanish jails and those who have had to flee their homes are the clearest and most painful proof to the re-pression suffered by the Basque youth. They are also the most patent example of young Basques´ will and commitment to struggle. Through activism, commitment, organisation and struggle, we shall achieve a free Basque Country with free young people. Long live youth or-ganisation and struggle! Forward to freedom!
2.1 HAIKA, THE FIRST NATIONAL BASQUE YOUTH ORGANISATION.
2.1.1 GENERAL INTRODUCTION
The birth of Haika
Haika was founded at the Gazte Topagunea (Youth Encounter organised by youth organisa-tions Jarrai and Gazteriak) celebrated in Kanbo (a small village in Lapurdi, (one of the Basque provinces under French administration) during the 20th, 21st and 22nd April 2000. right from the beginning, it benefited from the experience and human capital accumulated by Jarrai (which worked solely in the south of the Basque Country) and Gazteriak (which was active only in the north of the Basque Country) during their 20 year and 5 year existence, respectively. However, the origins of the first national youth organisation must be sought further back, during the years of joint reflection and cooperation between Jarrai and Gazteriak; years during which joint activi-ties and discussions led to the need to take a step forward in the building of the Basque Coun-try.
Haika was also founded in a specific historical context, the main feature of which was the exis-tence of a real opportunity to overcome the legal frameworks that divide the Basque Country into two states and three administrations and to create a new framework for the Basque Coun-try, based upon its national rights: territoriality and self-determination. Thus, in this context, the greatest contribution to the liberation process by the young people of the Basque Country was to create national instruments with a scope that overcame the administrative and territorial bor-ders imposed by the French and Spanish states. Their main contribution was to build a youth organisation which would overcome the division generated by partition and allow Basque young people to respond in an organised and unified manner to both the attacks on our country and the youth problems that become intensified through the repression suffered by the Basque Country.
That was the contribution made by thousands of young people from all over the Basque Coun-try. Together with Jarrai and Gazteriak, they aided the birth of Haika. Haika was able to articu-late real dynamics and initiatives, with a national outlook, with an aim to tackle both the national construction of the Basque Country and youth rights issues. From its very inception, Haika be-gun a constituent process, named Amaiur, which sought to discuss and decide the main lines of activity of the new youth organisation.
Towards the end of the Amaiur constituent process, on March 6th 2001, the Spanish state car-ried out a police raid against Haika, which involved the arrest of 21 young Basques. The answer came immediately: “days of struggle”, protests, the national demonstration in Bilbo (which was the largest demonstration ever called by a youth organisation in the Basque Country), the macro-concert in Oiartzun, etc. Two months later, in May 2001, the Spanish state outlawed Haika. During its short life, Haika carried out two campaigns that have become part of Basque history: Fascists, oppressors of the Basque Country! (a campaign against those responsible for oppression in the Basque Country) and the massive campaign against the EU Heads of State Summit in Biarritz in October 2000.
The aims of Haika
a) A youth alternative
The main reasons for the existence of Haika are to create an alternative that will make a fun-damental improvement of the situation of the Basque youth possible and to struggle in favour of that alternative. Responding to the severe living conditions of young people in the Basque Country, defending youth rights and building a new social model, based on independence and socialism, which will guarantee our personal sovereignty are all part and parcel of the aims and activities of Haika.
Our activity stems from our belief that young people are protagonists and active agents in the liberation process. Therefore, by underlining the strategic importance of the Basque Youth Movement for national construction, we aim to build a Youth Movement that is able to respond to the severe problems and living conditions experienced by young Basques.
Haika is a confluence of young people who want to be free in a free Basque Country. Haika is made up of young people who have undertaken a commitment to the defence of youth rights and the national construction of our country, overcoming all the obstacles, divisions and difficul-ties imposed on our country.
Therefore, insofar as we are a national youth organisation, Haika is a national tool for young people to take on the challenges posed by the needs of the Youth Movement and the Basque Country. Disobedience towards the states, conquering areas of life dominated by the state, liv-ing with independence, being the masters of our own ship, building alternative lifestyles, liberat-ing lifestyles, are all reflections of the leap required in the struggle for life as free young people in a free country.
b) Tasks of Haika
Activating young people around the cause of independence and socialism, defending the fun-damental rights of the Basque Country, defending youth rights, improving the current poor living conditions of young people, mobilising the Youth Movement around the issue of national con-struction; these are the tasks Haika must fulfil.
Identity of Haika
Young. Young people are a specific group within society; a group that must solve its own prob-lems. It is Haika´s duty to respond to these problems. Haika is not a youth organisation solely in that its members are young people, but in that it defends the will and the future of young Basques.
National. Villages and cities. Industrial areas and rural areas. The coast and the hinterland. Haika is an organisation for every place and every situation in the Basque Country. It will be a youth organisation to overcome the barriers imposed upon us and will allow us to live and struggle as young Basques.
Revolutionary. Building a new model of society will be everyday work for Haika. A model based on the defence of women´s right, a fair distribution of wealth, sexual freedom, against those who become rich by making us poor. Our aim is an economic model which will seek equality, solidarity and a balance with nature. This model will be based on involvement of the people. These are the reasons why Haika considers itself to be a socialist organisation and will struggle against injustice and the new methods of exploitation created by the capitalist system.
Internationalist. We know we shall never be truly free until relations amongst the peoples of the world are based upon freedom and solidarity. Building independence and socialism is our contribution to the liberation struggles around the world. Therefore, Haika will seek to develop relations with youth organisations from the oppressed peoples of the world.
Euskaldun. Euskara (the Basque language) is identity. Euskara is the people. Euskara is the most wonderful tool young Basque people have. Being Euskaldun is not merely mastering the language. Our way of being, our language, our customs and our culture are the main exponents of Basque identity. That is why Haika is a Euskaldun organisation. That is why Haika is commit-ted to bringing the Basque language to all sections of society.
A movement, more than an organisation. Haika aims to be as diverse as Basque youth is. Full of the wealth of diversity. That is why Haika wishes to open its doors to anyone who strug-gles for the freedom of the Basque Country and who wishes to tackle youth issues in an organ-ised manner.
Pro-independence. If the Basque Country is to continue to exist, the only option is independ-ence. If this country is going to survive, we must guarantee the instruments that will allow our development. We strive for independence because we wish to act with our own voice and our own identity. We shall not wait fro the grand day to arrive. We are committed to living every day, from the beginning, with an attitude of independence.
Feminist. On the road to the Basque Country of the future, in the face of the double oppression Basque young women suffer, we are committed to building and struggling for a social model based on gender equality on a daily basis. This is a task for all Haika activists, not just young women. Haika seeks to have a feminist outlook that integrates theory and practice.
The activity of Haika
a) Towards the Basque Youth
Our project is not restricted to young people in the liberation movement. Haika offers its Youth Alternative to the whole of the Basque youth. Clearly, we realise that severe living conditions do not solely affect Basque pro-independence young people and the attack by the states is di-rected at the whole of Basque youth.
Therefore, Haika takes into account the complexity and diversity of the Basque youth and must develop its priorities and its communication strategy accordingly.
b) Towards the Basque Youth Movement
Haika is wholly committed to the Youth Movement. Our means, strength and discussion must be tools directed at strengthening and aiding the Youth Movement. Haika defines itself as a tool for the Basque Youth Movement.
In this effort, the naturally occurring spheres for direct communication are a priority. If we are to be a tool for the Youth Movement, the best way to be so is to strengthen and therefore be active in the diverse expressions and groups that exist within the Youth movement.
d) Towards the Basque Left-Wing Pro-Independence Movement
Haika must make sure the Basque Left-Wing Pro-Independence Movement is conscious of youth issues and uses its means to face the existing problems. In order to do so, Haika must be the link that guarantees fluid communication between the structures of the Basque Left-Wing Pro-Independence Movement and the various expressions in the Youth Movement.
e) Towards Basque Society
Youth issues and problems must not be limited to the spectrum of the Basque youth. Haika must show the responsibility of society in these problems and make sure society gets involved in youth issues. Because different social agents have different levels of responsibility and strength, our attitude towards them will vary, from communication to development of alliances.
2.1.2 THE ATTACK ON HAIKA
On 06/03/01 judge Baltasar Garzà³n ordered the arrest of fifteen young people, allegedly mem-bers of HAIKA, as they were considered, because of their belonging to HAIKA, “to integrate” the armed group ETA. On 06/03/01 the police operation, ordered by judge Baltasar Garzà³n, was carried out against the youth organization HAIKA, resulting in the arrest of fifteen young people and their having their homes searched as well as the youth organization´s premises in Bilbao, Gasteiz, Hernani and Iruñea.
The accusation against the arrested people was to consider them to be part of the armed group. All of them were taken to Madrid, under incommunicado detention, in order to declare and to regula…¬rize their situation – we will come back to this matter later. In addition to these fifteen young peo…¬ple, Alejo Moreno and Amaia Arrieta presented themselves, voluntarily, at the Audi-encia Nacional on kno…¬wing that their homes had been searched, after making a statement they were remanded in custody. Another two young people, Gartzen Garaio and Egoitz Là³pez de Lacalle, were arrested two days later, as in the others´ case, gave a statement and were re-manded in custody. Police spokespersons said that “HAIKA is the youth organization of ETA. They start by throwing stones, later Molotov cocktails, followed by handling a gun or planting a car-bomb”. The Home Office Minister congratulated himself for the arrests, saying that HAIKA “is the school of people belonging to ETA and a seedbed for the terrorist organization”.
On the other hand, on 07/03/01, Asier Tapia, member of HAIKA, was arrested after holding a press conference in which he criticised the arrest of his comrades, being accused – just for par-tic…¬ipating in this press conference – of being integrated in the armed group, apology of terrorism and induction to urban struggle.
-On 11/03/01, after the statements, the prosecution attorney requested unconditional and com-mu…¬nicated prison for the first fifteen arrested, considering the youth organization as the “affili-ated com…¬pany of ETA”. Garzà³n confirmed the unconditional prison order on 20/03/01, as ac-cording to the Court, the documentation in the proceedings “completed by that found in the search of the premises of HAIKA, shows the legal transcendence of the events and deeds and the extreme seriousness of the young people`s behaviour”.
– On 01/05/01, Garzà³n declared HAIKA-JARRAI illegal, “as an integrated part of the same ter-rorist organisation ETA leads, and that is complemented by KAS-EKIN”. One of the points on which he bases his decision is the evidence, throughout history, that several members of Jarrai or Haika have been, after leaving the organization, “arrested and summoned in legal proceed-ings for belonging to or colla…¬borating with the terrorist organisation”- in other words, with ETA. For all the above, Garzà³n deduces that both youth organisations constitute but one “appendix integrated in the terrorist structure of ETA” and he also states that they “are complementary in their activities and provide each other with new members”. After mentioning several public meetings held by these organisations which “coincided with violent actions”, he remarks “the link between Jarrai-Haika and urban struggle is beyond any doubt according to the revised documents. It is the ideal structure to undertake this complement of armed struggle, which nec-essarily means a terrorist activity, whether in support of ETA or in agreement with it”. And he continues saying: “Although it may be possible to carry it out in an isolated or independent way, it is unlikely that when an illegal activity is carried out systematically, in a coor…¬dinated way, with similar aims, an urban guerrilla structure, with identical or similar results, with the same means, it can be developed throughout the Basque Country and Navarre outside the control of ETA and, therefore, be unrelated to the illegal aims of the terrorist organisation”.
– On 30/04/01 the summary secrecy was lifted.
– Among the accused, and as we have pointed out before, was Carlos Iñigo Blasco, whose ar-rest could not be carried out at his home address and later took place in France.
– On 19/12/01, the attorney requested his arrest in relation to these proceedings, out of a total num…¬ber of thirty people, the ones initially arrested plus eleven people more. Following the attor-ney`s indi…¬cations, on 22/02/02, judge Baltasar Garzà³n accused Arturo Villanueva, Carlos Iñigo, Olatz Dañobeitia, Olatz Carro, Ugaitz Elizaran, Igor Ortega, Amaia Arrieta, Igor Suberbiola, Ga-razi Biteri, Garikoitz Etxebarria, Aiora Epelde, Asier Tapia, Gartzen Garaio, Mikel Ayllà³n, Igor Chillà³n, Alejo Moreno, Egoitz Là³pez de Lacalle and Patricio Jimbert of “integration in the terror-ist group” within this summary 18/01.
Likewise, he accused Ibon Meñika, Arkaitz Rodràguez, Amaia Maestre, Izaskun Lesaka, Jorge Jesús Urbiola, Maider Alonso, Ainara Frade and Sonia Jacinto of “collaboration with the terrorist organisa…¬tion”. In spite of being already accused, these last six people were never requested to give a state…¬ment related to the summary due to which the youth organisations Jarrai, Haika and Segi are now ille…¬gal; no measures were adopted against them.
Contrary to attorney Enrique Molina`s request, the judge did not accuse Unai Lizaso, on consid-ering that “there is not enough evidence at this stage of the process”. He neither acts against Ana Lizarralde “as she is being processed for integration within a terrorist organization under Summary 18/98 for her responsibility towards EKIN”. He agrees, regarding the same person, to send evidence -authenticated copy of the attorney`s request of accusation, “to be taken into ac-count when assessing her eventual res…¬ponsibility as a member of ETA-EKIN-JARRAI”. The same criteria are applicable in the case of another person whose accusation was requested by the attorney: David Pla, open in another court, for “being a member” of ETA. Finally, and in rela-tion to MP Jon Salaberria, the judge sends a copy of the documentation kept in this summary to the Superior Court of Justice of the Basque Country – we should remember here that Salaberria is a member of the Parliament, and subsequently, he has a spe…¬cial status – for “his supposed link to EKIN”.
According to his thesis, Garzà³n holds that “only by means of a structure integrated by ETA-KAS-EKIN-JARRAI-HAIKA-SEGI, is it possible to develop and mantain a global violent strug-gle”, at the same time he states that “it is accredited that the accused people are members of Jarrai-Haika and if this is inte…¬grated in ETA-EKIN, and this is an illegal terrorist association, it is clear that those people belong to or collaborate with a terrorist organization”.
Reasons for the proceedings
The ultimate reason upon which the proceedings against this youth organisation are based is, again, the theory of “splitting” (or double membership). JARRAI was founded at the end of 1979/1980 and, in the beginning, had of course the consent or support of the BNLM, and probably, of ETA itself. That is why according to the court`s logic, it automatically becomes an instrument for ETA. Notwithstanding, the court has no evidence -and does not look for it either: the automatic application of its interpretation about what “splitting” is, is enough – that, during the last ten or fifteen years, any type of direct relationship between ETA and this organization has existed.
On the other hand, the accusations of the court against JARRAI-HAIKA are basically two. On the one hand, that it promotes the urban struggle, in a similar way as EKIN does -ideological man…¬agement. To this the court adds the fact that several young people arrested and accused of having taken part in the urban struggle were, also, members of JARRAI-HAIKA. Following the interpretation criteria used in other occasions, the court refused to limit the responsibility for the participation in such activities specifically to the person, and considers the entire group -the or-ganization itself- responsi…¬ble.
Another accusation made is that JARRAI-HAIKA is the seedbed or the provider of members for ETA. On the one hand, it is based on the fact that notes sent by the organization for recruiting members were found in the hands of one of the arrested. It is easily understood that the said accusation, from our point of view, should affect the person directly accused. And, on the other, it is supported on the objective fact that some of the members of ETA arrested during the last years had previously belonged to JARRAI-HAIKA. The case can be easily explained, in socio-logical terms, as it is unders…¬tandable that an older person who decides to join ETA, should have had concerns in his youth that may have led him to become a social militant, such as the mem-bers of JARRAI-HAIKA. The Court goes beyond this and makes JARRAI-HAIKA responsible for the later behaviour of its ex-members.
Finally, another of the imputations made against this organization is that one of incurring in the alre…¬ady mentioned figure of “finger-pointing” by publishing posters or calling demonstrations in which the direct responsibility of certain people in various matters is denounced (politicians in positions of power, police officials, people working for the media, judges or attorneys…). In other occasions what can be understood just as a simple denunciation is understood as a provocation for ETA to act against those people.
2.2 SEGI, BASQUE PRO-INDEPENDENCE REVOLUTIONARY YOUTH ORGANISATION
2.2.1 GENERAL INTRODUCTION
Birth of Segi
In view of the lack of an organisation to bring together Basque pro-independence revolutionary young people, the Gazte Bilgunea (youth assembly made up of many activists from the youth movement) that had been created in order to respond to the ban against Haika called for a process to set up a new youth organisation. Segi was thereby founded at the meeting which took place in Iruñea on June 16th, 2001. As its first main event, Segi organised the Youth Days throughout all the areas in the Basque Country, which brought together over 23,000 young peo-ple. Segi was to work in the defence of the Basque Country and youth rights: it published a booklet with a pro-independence discussion of the drugs issue and organised hundreds of talks based on the booklet; Segi published the now famous Don´t worry, be happy! poster, mobi-lised against drug-trafficking centres, began the Terrorismoa zuena, faxistak! (what you do is terrorism, fascists!) campaign which included a hunger strike in Iruñea, days of struggle, a march to Brussels, occupations of Spanish and French embassies throughout Europe…… on February 5 the Spanish state outlawed Segi and one month later it carried out a police opera-tion, arresting 12 young men and women. However, Spanish law cannot stop the Basque youth. Basque young people continue to rise to their feet. The answer to the ban and the police opera-tion continued at the Youth Encounter at Elorrio, the largest youth encounter ever.
Despite the non-stop onslaught of the states Segi managed to keep the struggle up. During the summer of 2002 Segi organised Youth Brigades to visit Corsica and Ireland and exchange knowledge on the conditions of young people. At the beginning of the school year the Matxi-natuen Korrikaldia (Rebels´ March), travelled the whole of the Basque Country spreading the call for disobedience to the oppressor states.
During the Mountain March from Algorta to Gernika, over 2000 young people came together to denounce the fascist attitude of the state. This march ended in Gernika with a massive politi-cal event in support of the recently created AuB election platform. The local and regional elec-tions of 2003 witnessed the ban on scores of election platforms and thousands of citizens de-prived of their right to vote. Yet again, young people were at the forefront of the protests.
Due to the attack by the states and social change, tendencies within the youth community and the conditions for struggle had changed. In order to asses the new situation and to design the best way to answer, Segi organised its first national debate process: “Amuarrainak begi bi, sei eskailuk hamabi” (a Basque saying meaning many wits are better than one; literally: a trout has two eyes, six minnows have twelve).
Both Segi and the youth movement in general keep active, moving forward. Without the youth movement, things would not be as they are in the Basque Country. Young people continue to be a disadvantaged community. Our situation has not improved, quite the opposite, over recent years persecution has increased. There is no lack of reasons to join the struggle.
Aims of Segi
Segi´s main aim is to build a free and socialist Basque Country; this is the only real alternative for young people to be free in the Basque Country. Therefore, Segi´s aim is to build freedom for young people together with freedom for the Basque Country, through the struggle of the youth. In order to do so, we join the struggle of the Basque Left-Wing Pro-Independence Movement and we are committed to develop national construction through our work.
Therefore, Segi seeks to organise and direct the forces of the youth towards youth struggle. In other words, to work on the issue of living conditions with an integrated outlook, to develop the defence of youth rights, etc. the organisation´s main task and duty is to offer and implement an integral alternative to respond and transform the currently intolerable situation of the youth in our country.
Identity of Segi
A Youth Organisation. Because as well as being made up of young people, its field of work is that of youth issues. Insofar as young people are a distinct and specific section of society, they have distinct and specific issues and problems; Segi is a tool for involvement in those issues and for building alternatives. A youth organisation is a mouthpiece for a youth community with-out rights.
A National Organisation. Despite imposition and denial, regardless of the fascist states, our country is the Basque Country. Over and above the borders they imposed on us, we are an or-ganisation that works throughout the whole of the Basque Country. Segi is active in the districts, neighbourhoods and towns of our country regardless of partition. This youth organisation carries out its duties bearing the different situations in mind.
A Pro-Independence Organisation. The only way in which the Basque Country can survive and for us to develop as a nation and as individuals is by obtaining freedom, in other words, independence, for this country. Segi is a patriotic and pro-independence organisation and its activity is based on an independence point of view.
A Revolutionary Organisation. Segi strives for a new social model. Segi works towards build-ing a society that is far from the claws of any capitalist system or imposition model. We work for the defence of mother earth, for solidarity, for sexual freedom, for equity and redistribution of wealth on a daily basis. In the same way as we struggle for the independence of our country, we also struggle for all citizens´ personal independence. There can be no free country without free citizens. Segi wishes to support relations among countries and active solidarity. We stand in solidarity with those who struggle for national and social liberation. The best contribution to revolutions round the world that the Basque Country can make is to achieve Independence and Socialism.
A Socialist Organisation. We strive for a socialist model of society, the only kind of system or social model that can bring about a situation of equality and freedom.
A Basque-speaking and pro Basque language organisation. Euskara (the Basque lan-guage) is the identity of our country, the heart of our country. Euskara, the language of our peo-ple, is the unique and extremely valuable tool for communication among young people across our country. Segi is committed to achieving a Basque Country and a Basque youth that live in the Basque language; therefore Segi´s internal and external activity will take place in Basque.
A feminist organisation. Segi opposes the oppression young women suffer; it is building a so-ciety based on equality on a daily basis. Our youth organisation is committed to integrating a feminist outlook throughout its struggle. Segi defines itself as a feminist organisation.
More of a movement than an organisation. Our youth organisation is larger than the number of activists actually working in it. Any young person who considers him or herself to be a Basque patriot and left-wing is welcome in Segi. Any young people who are prepared to make a commitment, no matter to what an extent, will find a space in Segi. Segi must offer structures and struggles that allow for different levels of commitment. Any young left-wing Basque patriot will be welcome in Segi.
Segi´s Activity
a) General Activity
Segi´s main focus is on youth issues. Taking the Basque youth´s problems as a starting point, Segi seeks to build an alternative that will solve the problems of the youth.
b) Towards the Basque youth
Segi´s activity is not limited to the young people who agree with the youth organisation´s political project; it is directed at the whole of the Basque youth. Segi works for the benefit of the Basque youth. We must manage to turn youth issues and problems into problems that affect society; young people must be able to participate in the Basque liberation process as a distinct commu-nity, highlighting our concerns and problems. Our message must be clear, understandable and plural.
c) Towards the Basque youth movement
Segi must seek to offer tools to the youth movement; to create projects that will strengthen the various struggles. Segi must create and nurture instruments which will be useful to the youth movement. If we are to achieve joint work and accumulate forces, Segi must be able to com-municate with the youth movement, to create alliances and to organise inclusive and wide-ranging activities.
d) Towards the Basque Left-Wing Pro-Independence Movement
Segi activists are activists in the Basque Left-Wing Pro-Independence Movement, therefore, the struggles, concerns and problems of the Basque Left-Wing Pro-Independence Movement are Segi´s too. Segi activists´ attitude towards the Basque Left-Wing Pro-Independence Movement and towards its activists must be based on respect. We are committed to struggle and be active in unity with the activists in the Basque Left-Wing Pro-Independence Movement.
e) Towards Basque society
Segi seeks to build a new social model. It wishes to transform current social values as a step towards independence and socialism. We seek to build a society based on solidarity, social jus-tice, equality, sexual freedom and respect for mother earth. Segi´s activity seeks to transform society beginning by the youth. Segi must get society to become conscious of the situation young people currently suffer.
f) Internationally
Think global, act local. The Basque Country is our local field of struggle, but in the same way as events in Europe and round the world affect us and condition us, we must manage to condition these events. Therefore, the international arena is a space with many opportunities for struggle. We must seek international alliances and relations according to our interests and projects. Among other aims, these must strengthen Segi as a reference, undermine the legitimacy of the French and Spanish states, develop joint work dynamics and spread solidarity.
Segi´s duties
a) The defence of the Basque Country and the youth
At the same time as defending all the rights that we are denied because we are Basque citi-zens, through disobedience and refusing legitimacy to the imposition, Segi must take steps to-wards building our rights. Segi shall seek to create a social wall to protect the Basque Country and the youth community from the attacks of the states. Segi will reinforce youth unity and the consciousness and pride of being young as a way to confront attempts to terrorise and deacti-vate young people in our country. Segi will oppose attempts to achieve surrender and repen-tance of young prisoners by offering them full support.
b) Developing a youth strategy and building the youth movement.
It is Segi´s duty to build a strong, revolutionary youth movement that will make a youth strategy possible. Developing the youth movement and activating the Basque youth in a way that will allow this as well as building tools that will be useful for national construction are also funda-mental duties of Segi.
2.2.2 THE ATTACK ON SEGI
– On 05/02/02, within Preliminary investigation 172/01, an edict was dictated against the people accused of belonging to SEGI, proceedings by which the organization SEGI was declared ille-gal, upon being consi…¬dered as the successor of the previous JARRAI-HAIKA.
– Using this decision as a basis, on 08/03/02, judge Baltasar Garzà³n would undertake a new opera…¬tion against twelve young Basque people, basing the search and arrest proceedings on the same thesis as the illegalisation of SEGI activities was based. For this new case, Baltasar Garzà³n started new proceedings, called Preliminary investigation 172/01. Within these SEGI is considered an organ…¬ization within “the ETA-EKIN network” and “it constitutes the continuity of the also illegal organization Jarrai-Haika”, because their aims -independence and socialism- characterization -“revolutionary orga…¬nization fighting for an independent and socialist Basque Country facing the capitalist system that exploits the youth”- and their structure “are identical”. He recognizes that in the following investiga…¬tion, people “appear as leaders of Segi, because of their having appeared in public as members of the said organisation” and because of “controlled telephone conversations by which it is evident that they are the ones making decisions, organiz-ing activities and ordering others the performance of different jobs and assignments”, as well as because of the “attendance at meetings of organic nature”. He holds that the arrested people are “the maximum leaders” of Segi and manage “their activities, related to the urban struggle, threats and coercion to people linked to the Law Administration, Police, Guardia Civil, compa-nies and other kinds of people opposed to ETA-EKIN”.
This accusation, within Garzà³n´s proceedings, was echoed by the Minister of Interior, Mariano Rajoy. In a media appearance in Madrid, he accused the arrested people of “the elaboration and diffusion of posters with a threatening content towards town councillors”, as well as of “damages” in temporary work agencies. He also stated that “the activity of the leaders of SEGI provides more people supporting the ETA cells”. He also added that “the operation has dam-aged a very important part of ETA`s network, which is not just its cells”. He insisted on the thesis of the Spanish Government and pointed out “the importance of undertaking an anti-terrorist fight in an integrated and global way”.
After giving their statements to the judge on 11/03/02, Garzà³n accused all of them “of a possible crime of integrating the organization ETA-EKIN-SEGI”, as well as 46 crimes of “terrorism by in-duction”. In the text, Garzà³n considers “the calls [to demonstrate] made by the leaders of SEGI, which were in turn carried out by members of SEGI, who respond in their activity to the subordi-nation and rank criteria of the terrorist organization ETA-EKIN-SEGI, (…) producing damages because the induction goes directly and espe…¬cially addressed to obtain this effect” as “direct and sufficient induction which can be deemed crimi…¬nal”. That is to say, the imputation of the 46 crimes of terrorism -such as urban struggle actions with the aim of damaging private or public property- does not attempt to establish a direct and personal rela…¬tionship between the arrested and the events, but to attribute these to those arrested for the mere fact that they are people who have made public calls to demonstrations, or have made public state…¬ments which are in-terpreted by the court as a real orders for the carrying out of the mentioned actions.
During his appearance before Judge Baltasar Garzà³n, David Lizarralde Palacios and Aiboa Casares Etxebarria denounced having suffered ill treatment during the three days they were held under incom…¬municado detention at the police station in Madrid.
Reasons for the court action
The same as those for the attack on Haika.
2.2.2.1 EXTRADITION PROCEDURE AGAINST ENEKO AIZPURUA
After escaping the police operation whereby several Segi members were arrested, held incom-municado and jailed, Eneko Aizpurua took refuge on the northern side of the border. On April 19th, when he was hanging a banner up in the street in Baiona, the French police asked to see his ID and proceeded to arrest him. In the police station, they informed him that the Spanish Audiencia Nacional had issued an international arrest warrant and he was jailed in Agen prison.
From the moment of arrest, the Spanish state had 40 days to issue an extradition request. No request was issued in that time; nevertheless, Eneko was not released. The Agen court in-formed Eneko that, since there had been no request made in the period stated in law, the inter-national arrest and detention order had expired. However, the Spanish state had issued a sec-ond international arrest and detention warrant so the Agen procurator sent Eneko back to jail.
Regardless of the legal procedure, 45 days after Eneko´s arrest, the Spanish state issued an extradition request against Eneko, charging him with being a member of Segi. The French state acted against procedure in matters of international law twice. Firstly, because after forty days when no extradition request had been made they were obliged by law to release Eneko, and secondly because once the international arrest warrant had expired, it was against the law to keep Eneko in jail for the same reason.
Because of the breaches of the law during the proceedings, Eneko´s lawyers requested his re-lease. As a result, on June 19th, 2002, the Agen court ordered Eneko´s release. It is important to highlight the special treatment Eneko was subject to during the two months he spent in jail. Be-cause he was considered a dangerous terrorist, the jail placed him under a three-month isola-tion order. Because of his being held in this special situation of isolation, Eneko had tremendous difficulties in terms of receiving mail, permission for visits and studying. The head warden told Eneko these special measures were due to orders from Paris.
Although the Agen court released Eneko, the extradition proceedings went ahead. The case was tried in Agen court on September 25th, 2002. Around 200 people took part in the protest organised by Segi outside the court. As well as young people from the Basque Country, mem-bers of several Basque organisations, such as LAB a trade union), Askatasuna (a prisoners support organisation) and Batasuna (a political party); from Occitan (Anaraman au Patac) and members of various French parties (LCR, Motivà©s Platform from Toulouse) and trade unions (CGT) took part in the protest.
On October 2nd, 2002, the Agen court agreed to extradite Eneko to Spain. His lawyers ap-pealed, but to no avail. Eneko´s extradition proceedings are about to end. The French State Council has the last word and can issue the extradition order any time now. Eneko is in danger of being extradited for being a member of Segi, the youth organisation.
These events are a good example of how France is involved in the ongoing Spanish offensive against the whole of the Basque Left-Wing Pro-Independence Movement. By accepting the ex-tradition request France accepts the logic of the 18/98 judicial assault and gives support to and promotes a repressive strategy that has outlawed a number of organisations and meant the ar-rest, torture and imprisonment of hundreds of Basques. Refusing extradition would have been contrary to the logic of the joint Franco-Spanish repression strategy against the Basque Left-Wing Pro-Independence Movement. It is not surprising to see the French state agree to a Span-ish extradition request that is based solely on political criteria.
2.2.2.2 EURO-ORDER AGAINST HARITZA GALARRAGA, AMAIA REKARTE AND YVES MATXIKOTE
The judicial procedure we know as the Euro-order is merely a way to make extradition proceedings easier and quicker. Extradition proceedings could take months or years and this meant that there was a good opportunity to organise a defence, organise protests, raise consciousness of the issues and inform all kinds of social agents. In view of the problems they had with these long extradition proceedings, the states in the EU decided to make them faster and simpler. With the Euro-order, extradition proceedings are re-duced to a few weeks and the means for defence are restricted.
Spanish judge Baltasar Garzà³n issued a Euro-order against Basque youths Haritza Galarraga, Yves Matxikote and Amaia Rekarte last April. On May 12th, the French state proceeded to arrest the three youths from Lapurdi. They were released on the same day but the extradition proce-dure did not stop.
The Euro-order against the three Segi members was a qualitative increase in the joint Franco-Spanish repression strategy. It will be the first instance in history of France applying extradition or a Euro-order against Basques with French citizenship. Indeed, France has always refused to open extradition proceedings against Basques with French citizenship.
These events caused much disappointment and anger in society. These became protests and following a meeting among many political parties, trade unions and social organisations, an im-pressive calendar for protest was agreed. As well as calling a protest at the trial against Haritza, Yves and Amaia, a nationwide demonstration was organised for May 29th in Baiona. Nearly all shades of political opinion were represented at that demonstration, as well as a large number of music bands and youth centres.
On May 25th, the trial on the Euro-order against Amaia, Haritza and Yves was conducted at the Pau court. One week later, the court published its decision to reject the Euro-order. The judge stated that the protests had had no bearing on the decision; however, it is clear that the social rejection of these proceedings opened up a debate within the authorities. The protest campaign made clear to Basque society that this was a very serious issue and that managed to mobilise large numbers of people. This made the French state uneasy. They believed they would be able to carry out the proceedings against the three youths quickly and quietly. In fact, the authorities found themselves in a far more complicated position than they had anticipated.
Nevertheless, this was not the end of the Euro-order. The fiscal, following orders from the minis-try of justice, appealed the decision made by the Pau court. The French high tribunal, the ap-peal court in other words, had forty days from June 7th to reach a decision on the Euro-order against the three Basques. There were three options, the appeals court could ratify the decision made by the Pau court, it could have annulled this decision (in this case the trial would have had to be conducted again in a court other than the one in Pau) or it could have ordered the proceedings to begin again and finally hand Amaia, Haritza and Yves over to the Spaniards. Thanks to the social mobilisation, the French High Court decided to finally reject Baltasar Garzà³n´s request.
Despite this decision being a small victory, we can be sure that there will be further steps taken on the road opened up by the case against Amaia, Haritza and Yves. The case of this Euro-order is an example of the repressive steps taken by the French state against Basque youth activists. The French state has seen a good opportunity to persecute the Basque Left-Wing Pro-Independence Movement in the three Basque provinces under French administration on the back of the Spanish strategy of repression. France has opened up the season to persecute anyone who dares to struggle and work for the Basque Country, using the new measures passed by the EU, such as the Euro-order. Indeed, the French state is implementing a strategy that has the same repressive consequences a outlawing organisations and carrying out raids against Basque activists, although it seeks to avoid the contradictions and rejection these ac-tions would cause in society. In fact, by applying the Euro-order, France can try to get rid of Basque activists without causing too much of an uproar in society.
