The National Court has acquitted the Iratxe Sorzabal Etarra of a “terrorist” crime for the placement in 1995 of an explosive artifact in the border passage of the Santiago International Bridge of the town of Irún (Gipuzkoa). The Second Section of the Criminal Chamber has detailed in the sentence, published on Thursday, which Sorzabal “was submitted to inhuman treatment during its arrest”, so the manuscript (Kantada) where Etarra confessed after the arrest the authorship of the crime is null “full right to have been obtained by violating fundamental rights.” The sentence is based on the evidence practiced at the trial, especially in the expert report of the defense prepared by a forensic doctor of the Basque Institute of Legal Medicine.
Sorzabal He is a relevant member of the band, was one of the three people who on October 20, 2011 read the statement of the definitive cessation of the violence that led, seven years later, in the dissolution of ETA. She was arrested in 2001 in Hernani (Gipuzkoa), but then she was released by ensuring in judicial headquarters that her confession before the agents made her under torture. Sorzabal fled to France and in 2009, the police found in an ETA Zulo a handwritten letter (known in the Etarra jargon as Kantada) who wrote after five days detained. In it he narrated to the direction of the band everything he had told the authorities. It was then that the case was reopened and processed.
In 2015, she was arrested in the Gaul Ibarla commandin which it was allegedly integrated. Among them, the murder of Ertzaina Ramón Doral, in 1996; and that of the policeman Eduardo López Moreno, in 1994. He was also involved in the placement of five artifacts in December 1995 in the English Court of Valencia, whose outbreak caused the death of a woman, Josefina Corresa. However, except for the Gijón attack for which she was sentenced to 24 years in jail for the Supreme two years ago, the rest of the summaries against her were filed or provisionally dismissed, as confirmed by legal sources.
The judgment published on Thursday details the chronology of the arrest of 2001 and medical reviews during the days after arrest that certify that the Etarra presented injuries: “The doctor describes a dermatosis, which she refers to having been produced by the application of an apparatus. that confirm the non -existence of acute bone lesion and the contracture of trapeze in possible relationship with chronic process (…) global evaluation: there is a very high degree of concordance between physical and psychological evidence with the allegations of torture and/or ill -treatment. “The magistrates conclude that” there is, therefore, the evidence, beyond any doubt that, during their detention, sorzabal electrodes by those officials who guarded her, and this in order to force her to declare, which means an obvious violation of her fundamental rights. “
The Chamber recalls the doctrine of the Supreme Court on the matter, which indicates that “the evidence obtained directly or indirectly violating the fundamental rights or freedoms will not take effect.” The judges indicate in the judgment “that the Fiscal Ministry does not intend to base their conviction based on the police statements provided under the violation of the fundamental rights of the accused.” They also add that Sorzabal “He did not ratify such statements in judicial headquarters, where he just declared that they had been under torture.”
The case was provisionally dismissed until the Kantada In 2009. “The manuscript is a clear reflection of the statements provided in police headquarters and although it is true that data that did not offer in said headquarters are included, and that it is more precise in offering data and details than the declaration provided during the arrest”, this “is not an obstacle to consider that one (the manuscript) is a consequence and brings cause of the other (the police declaration) so it is not possible to preach the sanitation of the first. of disconnection of antijuricity.
