>>>> Overview and Links on the Spanish-Basque conflict <<<<
+++ June 30, 2009: (seven-judge) Chamber of the European Court of Human Rights in Strasbourg confirms unexspectedly
the banning of the Basque party Batasuna and of two election platforms within the spectrum of the left Basque
independence movement by the Spanish state +++ European Court of Human Rights endorses infringement of basic
civil rights +++ contradiction to position of UN Human Rights Commission +++
Batasuna: With regard to the judgement
delivered by the European Court of Human Rights of Strasbourg
We do not accept the content the judgement of the (seven-judge) Chamber of the European Court of Human Rights in Strasbourg on the appeal presented by Batasuna with regard to its banning by the Spanish State, as well as the banning of candidates and lists for the local and European elections. In political terms, it does not contribute anything to the political settlement of the Basque conflict, but just the opposite. We believe that it is a clear step backwards for fundamental rights and freedoms in the European framework which can affect other progressive organisations in the future if they raise questions about the legal framework of the states in which they act.
Unfortunately the Court has accepted the reasoning and arguments initiated by the Government of Mr. Aznars Popular Party, with the consent of the PSOE, in order to prevent solutions in the Basque Country and to put in place a situation of permanent confrontation.
We recall that the "Law on Political Parties" which was created ad hoc in order to ban Batasuna (and later on other political organisations supported by or related to the Basque pro-independence left-wing) came into being under the cover of the antiterrorist offensive initiated by the Bush Government and, more specifically, within the framework of a PP Government that supported and encouraged the war against Iraq, together with the USA and Great Britain - a war whose consequences we all know - a total war against terrorism which permitted clear violations of fundamental rights and unacceptable restrictions on those rights.
In our understanding, apart from the political influences that underlie the assessments or considerations of the Strasbourg Court's judgement, it endorses an infringement of the basic rights to political action and representation.
It is surprising that those who have still not condemned the dictatorship of Francisco Franco, those who have reconciled their political action with acts of State terrorism (the PSOE and the GAL), are the ones who are pleased about a judgement that, as far as we understand, DOES NOT CONTRIBUTE any solution to the basic problem that underlies the legal controversy: the continuation of a political conflict between the Basque Country and the Spanish state. Paradoxically, this judgement which points out that there are links between ETA and the Batasuna political party happens to reinforce an important conflict at the very heart of the European Union, as the same logic forces us to accept the existence of some 150,000 to 200,000 people who support and are linked to an organisation described as terrorist, in a country with three million inhabitants located in the centre of Europe.
Once more, the pro-independence left-wing wants to undertake a political analysis with a view to the future on a legal decision, a decision that appears to be contaminated by the long shadow of the Spanish state.
The Basque pro-independence left-wing has been committed and will continue with its clear and unequivocal commitment to a scenario of peace and democracy, based on non-violence and democratic rights for one of the oldest nations in Europe. It is a commitment that, notwithstanding the tragic events of different nature which we have always taken into consideration, we have kept and will keep.
Therefore, we do not consent to many of the suppositions and references of the judgement; on the contrary, we consider that it justifies the actions of a state which has not hesitated and does not hesitate to violate basic rights through special laws (Antiterrorist Law, life imprisonment masked under the Parot Doctrine, Law on Parties…).
Sincerely, we believe that the Chamber's judgement is regressive, as it justifies new violations of basic rights of the citizens of the Basque Country. It is a backward step for all European citizens. It is a judgement that endorses security approaches to the detriment of rights and freedoms. Let us point out that, for instance, the judgement bestows the force of law on the resolutions of the Council of Ministers (of the Spanish state) concerning lists of terrorist organisations, even though this had been denounced by the Parliamentary Assembly of the Council of Europe in the Dick Marty report.
The lawyers acting on our behalf will analyse the judgement and will probably lodge an appeal to the Grand Chamber (17 judges) of the European Court of Human Rights, given that the Chamber which delivered the judgement declared on the advisability that these subjects, due to their importance, be analysed by the Grand Chamber - something the Spanish government is opposed to.
We would like to launch a declaration of confidence in Basque society - in the political, trade union and social space, which confides in the pro-independence left-wing the role of guarantor of the development of a new process of political dialogue that will allow for progress towards truly democratic scenarios.
In spite of all this, Batasuna is still committed to political and social change in the Basque Country, to a serious democracy, to a process of dialogue and negotiation which will give rise to a new scenario for an inclusive peace within the country.
The best response, beyond the legal one, is to keep on working so as to provide a new political opening for the social majority which wants a political and social change in the Basque Country.
We do also reassert before the European community that there is no other way of settling the Basque conflict apart from inclusive dialogue and political negotiation, in a situation of non-violence and goodwill, leading to an agreement that recognises the democratic right of Basque citizens to decide on their own future, just as the European citizens of Ireland, Scotland, the Faroe Islands, Greenland, Flanders or other countries.
Restriction of rights will never be a way to bring peace. But, in spite of the difficulties that are imposed to us, we reaffirm our commitment to reach a just and lasting peace for the last European conflict. So be it.
International Relations
03-07-09
>>>> Overview and Links on the Spanish-Basque conflict <<<<
