The European Court of Human Rights has dismissed the application for annulment of the sentence of five convicted persons in the Bateragune case for belonging to ETA
The Strasbourg Court has dismissed the lawsuit brought against Spain by Arnaldo Otegi, Sonia Jacinto, Rafa Díez, Mira Zabaleta and Arkaitz Rodríguez for the annulment of the sentence imposed on them for belonging to ETA.
The European Court of Human Rights has unanimously decided not to admit the lawsuit brought against Spain by the five persons tried in the Bateragune casein 2024 for the review of the case, ordered by the European Court of Human Rights itself.
The Strasbourg Court has dismissed the lawsuit brought against Spain by Arnaldo Otegi, Sonia Jacinto, Rafa Díez, Mira Zabaletaand Arkaitz Rodriguezfor annulment of the sentence imposed on them for belonging to ETA.
In 2018, the Strasbourg court ruled that the defendants had not had a "fair" trial in the "Bateragune case," which is why Spain was found to have violated Article 6.1 of the European Convention on Human Rights.
On that occasion, the European court ruled that the five members were not tried by an impartial court in the 2011 trial in which the National High Court found them guilty of belonging to ETA.
In December 2020, instead of declaring the judgement of the National High Court of 16 September 2021 null and void, and therefore annulling the criminal records of the plaintiffs, which they requested, the Supreme Court annulled the judgement of the first instance of 2011 and ordered the trial to be repeated with another court.
The plaintiffs then filed an application for amparo. In January 2024, the Constitutional Court declared the Supreme Court's 2020 ruling null and void. The Court of Guarantees ruled that the repetition of the trial would violate the fundamental rights of the plaintiffs. But when that Supreme Court ruling was annulled, the effects of another Supreme Court judgement handed down in May 2012 were upheld.
Now, in response to the new complaint of the five accused members, the European Court of Human Rights has concluded that the TC's ruling "was based on grounds within its jurisdiction and did not distort the consequences of the previous judgement itself." "It has therefore concluded that the plaintiffs' complaint is unfounded and must be dismissed."
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