News

Euskaldunon Egunkaria to stand trial [30/07/2009]

Euskaldunon Egunkaria to stand trial

Spanish National Court dismisses request for case to be dropped

In a writ published today the Criminal Chamber of the Spanish National Court has ruled in favour of bringing the Egunkaria case to trial. In a hearing held on 23 June the defence counsel Iñigo Iruin and Jose Mari Elosua, and the Prosecutor Miguel Angel Caballero requested that the case be permanently dropped, but the Chamber dismissed these requests. Consequently, the trial will be taking place (the date has not been specified).

The defence counsel and prosecutor presented two different types of argument when asking for the case to be closed. They were both dismissed by Judge Javier Gomez-Bermudez presiding over the panel of judges. Firstly, the defence counsel had argued in favour of the case being closed saying that it should be regarded as having been judged, and that there was no evidence of any crime. Secondly, they argued that the popular prosecution brought by the organisations AVT and Dignidad y Justicia lacked legitimacy. Neither were allowed by the Chamber, and there is no possibility of appealing against the ruling, either.

On 20 February 2003 on the instructions of Judge Juan del Olmo of the Spanish National Court Spanish Civil Guard officers closed down the premises of the Basque-language newspaper Egunkaria and arrested ten people: Joan Mari Torrealdai, Iñaki Uria, Txema Auzmendi, Martxelo Otamendi, Pello Zubiria, Xabier Oleaga, Xabier Alegria, Fermin Lazkano, Luis Goia (who died in 2006), and Inma Gomila.

In the presence of the judge, Uria, Oleaga, Otamendi, Alegria and Auzmendi complained that they had been subjected to torture and ill treatment. The five of them filed claims, which have all been dismissed.

This PEN Centre has on more than one occasion denounced the Egunkaria case. During the Congress held in Bled (Slovenia) in 2005, the International PEN Club unanimously passed a motion tabled by the Basque PEN Centre. The General Meeting called on the Spanish Government to have the case brought against Euskaldunon Egunkaria dropped in the interests of freedom of the press and expression. Since that congress the International PEN Centre has continued in support of the case being dropped. Moreover, all the people indicted have been made honorary members of the English and Catalan PEN Centres.