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On the path to peace respect prisoners´ rights

25.March 2013 | International Declaration on the Basque Country

Twelf international known human rights experts from different countries demand from Spain and France "new steps to go on towards a political solution to the conflict". Piedad Esneda Cordoba Ruiz from Colombia, Bill Bowring from Great Britain, Nelly Maes from Flanders, Nora Morales de Cortiñas from Argentina, Essa Mossa from South Afrika, George Mavrikos from Greece, Michael Tubiana from Algeria, Alexander Moumbaris from Egypt, Padre Alberto Franco from Colombia, Javier Giraldo Moreno from Colombia, Peter Madden from Ireland and Marjorie Cohn from the United States of America ask Spain and France to end their exceptional measures and respect prisoners' rights.

Declaration in English language:

On October 17th, 2011, the International Conference for the Resolution of the Conflict in the Basque Country took place in Donostia-San Sebastian. The great majority of Basque socio-political agents took part in it, as well as a wide and relevant international representation headed by the former Secretary General of the UN, Mr. Kofi Annan. As an outcome of the conference, the so-called Declaration of Aiete was presented, the declaration was named after the site in which the conference took place. In the Declaration of Aiete, international agents proposed a process of dialogue and negotiation, prior declaration of a definitive cessation of armed activity on the part of ETA. ETA’s declaration came a few days later, creating a unique and historic opportunity to address the causes as well as the consequences of the conflict.

This new scenario, reinforced after over twelve months since ETA’s definitive cessation of armed activity, however requires new steps to go on towards a political solution to the conflict. It is time to put an end to the exceptional measures put in place until now. These measures have not only become useless but also counterproductive. The cessation of armed activity must be responded with political measures to create the conditions for achieving a just and lasting peace.

For all those reasons the signatories and promoters of this International Initiative demand from the Spanish and French authorities the following initial measures to consolidate the peace process:

  • The end of the policy of dispersion, arbitrary measure applied to Basque prisoners and their transfer to prisons close to their families.

  • The release of prisoners to whom the Spanish courts apply the Doctrine 197/2006 (also called “Parot Doctrine”); as well as the release of those prisoners who can be eligible for parole.

  • The immediate release of seriously ill prisoners who according to current legislation should be set free in order to receive adequate treatment for their illnesses.

  • The immediate release of Arnaldo Otegi and all the imprisoned for their mere opinion or political activity, developed in political parties, youth organizations, and social movements or in the media. The dismissal of the processes related to this issues, as well as, the removal of all the European arrest warrants that may have been issued for actions of the same type.

    • What should prevail today is the construction of a political space for dialogue and not the resort to the use of police’s and justice’s usual measures.

    It is time to build peace, it is time to build a future based on human rights, justice, truth and reparation for all those who have suffered throughout the conflict.

    Website onthepathtopeace.eu
    International declaration and short vita of the endorsers in English, French, Spanish, German and Basque language:
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    Download PDF (542kB):
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    Endorsers

    Piedad Esneda Cordoba Ruiz
    (Colombia, 1955)
    Lawyer, Member of the House of Representatives of Colombia (1992-1994). Senator for the Liberal Party of Colombia (1994-2010). Nominated for the Nobel Peace Prize (2009). Spokesperson of "Colombianos y Colombianas por la Paz".

    Bill Bowring
    (Great Britain, 1949)
    Lawyer and Law Professor at Birkbeck College, University of London. International Secretary of the Haldane Society of Socialist Lawyers. President of European Lawyers for Democracy and Human Rights, Member of the Executive Committee of the Bar Human Rights Committee of England and Wales, of the Council of Liberty and a Trustee of REDRESS Trust.

    Nelly Maes
    (Flanders, 1941)
    Deputy for the Volksunie Party in the Belgian Federal Parliament (1971-1977 / 1985-1991). Senator (1978-1981 and 1991-1995). Member of the Flemish Parliament (1995-1998). Member of the European Parliament (1999-2004). President of the European Free Alliance (2004-2009). President of the Flemish Institute for Peace, a dependent organism of the Flemish Parliament.

    Nora Morales de Cortiñas
    (Argentina, 1930)
    Militant and HumanRights defender in Argentina. Cofounder of the MothersofthePlazadeMayo - FoundingLine. Doctor HonorisCausa from the FreeUniversityofBrussels and from the University of Salta in recognition of her trajectory in defence of the economic and social rights of the Argentinean population.

    Essa Mossa
    (South Afrika, 1936)
    Lawyer specializing in Human Rights (1962-1997). Judge of the Grand Chamber of the South African Supreme Court (1998-2011). Founding member and executive of the National Association of Democratic Lawyers and President of their Human Rights Committee. Secretary of the Constitutional Commission of the African National Congress (ANC).

    George Mavrikos
    (Greece, 1950)
    Trade Unionist. Current Secretary of the World Federation of Trade Unions (occupying this position since 2005), Secretary General of the General Federation of Greek Workers (1993-1997). Deputy in the Greek Parliament for the Communist Party of Greece KKE (2007-2012).

    Michael Tubiana
    (Algeria, 1952)
    Recognized lawyer and activist in favour of human rights. President of the French Human Rights League (2000-2005). Current Honorary President of the Human Rights League.

    Alexander Moumbaris
    (Egypt, 1936)
    Militant and trade unionist against Apartheid. Arrested in 1973, for his work against Apartheid. He was sentenced to 12 years in prison. Recognized activist against imperialism and colonialism.

    Padre Alberto Franco
    (Colombia)
    Colombian missionary priest. Recognized activist for Human Rights in Colombia. Executive Secretary of the Interecclesiastical Commission for Justice and Peace.

    Javier Giraldo Moreno
    (Colombia, 1944)
    Colombian Jesuit priest. Founder of the Inter-congregational Commission for Justice and Peace, integrated by 45 Catholic religious congregations. Secretary for Latin America for the Permanent People’s Tribunal (1989-1991). John Humphrey Freedom Award (1997), given by the Canadian human rights group Rights and Democracy in recognition of his struggle in favour of human rights.

    Peter Madden
    (Ireland)
    Lawyer. President of the CriminalLawCommittee. Member of the Access-to-Justice-Committee and representative of the Criminal-Bar-Association. He directed the legal team that represented the families of the majority of those killed and wounded on Bloody Sunday in Derry. He currently represents the families in search of a just and reasonable compensation. Nominated Human Rights Lawyer of the Year (2000) by the organization Liberty/Justice.

    Marjorie Cohn
    (United States of America)
    Ancient Former President of the National Lawyers Guild of the United States. Professor of criminal law and proceedings, evidence and international legislation on human rights at the Thomas Jefferson School of Law in San Diego, California. Expert on international human rights and the foreign policy of the United States.