AMNESTY INTERNATIONAL
AI Index: EUR 41/011/2002 (Public)
News Service No: 160
12 September 2002
Embargo Date: 12 September 2002 10:00 GMT
Spain: The right to peaceful protest must be upheld in Basque Country
Ahead of Saturday's demonstration in support of the suspended political grouping
Batasuna in Bilbao, Amnesty International urged the Spanish and Basque authorities
to ensure that fundamental rights to freedom of expression and peaceful protest
are not undermined by recent legal moves that appear to prohibit such protests.
On 2 September, following the suspension of Batasuna*, an investigating
judge issued a court order that appeared to widen the scope for the prohibition
of "any gathering or demonstration", either by groups or by individuals, held
with reference to Batasuna or its suspension. The judge stated that the
order suspending Batasuna's activities included those that were either directly
or indirectly driven or inspired by Batasuna, or its members or leaders.
Any symbols, logos, posters, placards, announcements, etc., referring to
Batasuna, were also prohibited.
A further court decision of 6 September reportedly stated that demonstrations
by other parties or individuals were not covered by the prohibition on demonstrations
by the Basque nationalist grouping. The precise scope of the various measures
nevertheless remains unclear and the Basque Government has come under attack
for allowing a peaceful demonstration to go ahead last weekend.
Amnesty International recognizes the right of the Spanish and Basque governments
to ensure the safety of all persons within their jurisdiction. It has also
repeatedly and unequivocally condemned ETA's continuing campaign of killings
of civilians, as well as the numerous acts of politically motivated intimidation
or of life-threatening "street violence" that have been committed through
the years.
"However ETA's abuses must not be used to justify undermining fundamental
freedoms. When faced with grave human rights abuses it becomes all more important
to uphold such freedoms," Amnesty International said.
The organization is concerned that the court order of 2 September could
be interpreted as an order prohibiting any peaceful protest against the various
current moves to make Batasuna illegal. If this is the case, fundamental rights
to peaceful protest and to freedom of expression would unquestionally be
violated.
"The Spanish and Basque authorities should clarify this point and ensure
that such internationally recognized rights will continue to be protected,"
Amnesty International urged.
Background
On 26 August an investigating judge attached to the National Court ordered
the suspension for three years, extendable to five years, of the political
and economic activities of Batasuna, on the grounds that it formed an important
and intrinsic part of the structure of ETA. At the same time the Spanish
Parliament formally requested the Spanish Government to apply to the Supreme
Court to make Batasuna illegal. The Attorney General separately submitted
a request to the Supreme Court for the dissolution of Batasuna.
The Batasuna coalition, formerly known as Herri Batasuna and subsequently
as Euskal Herritarrok, was formed in 1978 and since then has operated as a
legal parliamentary party. The order to suspend Batasuna follows the entering
into force earlier this summer of the revised law on political parties (Ley
Orgánica de Partidos Politicos). According to the law's Article 9,
a political party will be declared illegal if it fails to respect democratic
principles and constitutional values; if it systematically harms fundamental
rights and freedoms by promoting, justifying or exonerating attacks against
the right to life and integrity of the individual, if it foments, facilitates
or legitimizes violence, or complements and supports the actions of "terrorist
organizations.**
Shortly after the order suspending Batasuna was issued, Amnesty International
was informed that the Bilbao office of a Basque group which works against
torture, Torturaren Aurkako Taldea (TAT), was closed by Basque autonomist
police. The police also closed the office of a group run by the relatives
of Basque prisoners (Etxerat!!).
*Batasuna is a parliamentary coalition of political parties widely regarded
as the political expression of the armed Basque group Euskadi Ta Askatasuna
(ETA).
** Concern about certain aspects of the Law on Parties was expressed by
the Spanish Section of Amnesty International in May 2002 ("Comentarios de
la sección española de Amnistía Internacional al proyecto
de ley orgánica de partidos politicos"). In particular, AI stated
that the ambiguity of some wording in the law could lead to the outlawing
of parties with similar political goals to those of armed groups, but which
did not advocate or use violence.