Spain • • • 🌿 Progressive

Acto de víctimas del terrorismo en España, con asistentes y pancartas en un espacio público
Erick Prometeo Media

Victims Demand a Final Trial Over the 376 Unsolved Murders

The Observatory of Victims of Terrorism asks parties for a large judicial process inspired by Nuremberg to judge all those responsible and clarify the 376 ETA…

--- The context --- The Observatory of Victims of Terrorism (OVT) has launched a set of demands ahead of the general elections on November 29 to reverse the impunity of the ETA network. It asks parties to promote a large judicial process, inspired by the Nuremberg trials, that judges all those responsible for the 376 murders still unsolved in Spain. --- The facts --- The OVT asks to investigate the 376 murders that carry no criminal reproach, close to 40% of all ETA crimes. It urges the Attorney General's Office and the Ministry of the Interior not to hide behind prescription, because victims have the right to know the truth. It proposes creating a catalogue of cases and appointing a specialised Chamber Prosecutor for Human Rights and Victims of Terrorism to coordinate the search for those responsible. It argues that the rule of law must hold a final-point trial that ends the legacy of violence forever. It denounces a comparative grievance in the Democratic Memory Law, which allows acts of Francoism to be investigated as crimes against humanity, imprescriptible and not amnestiable, but not ETA crimes. It calls for amending Law 29/2011 to catalogue the group's attacks as crimes against humanity. It demands tracing the assets of those convicted to cover the compensation for their attacks. It denounces that the lack of asset investigation has allowed continued fraud that forced the General State Administration to pay more than 886 million euros in civil liability. --- The positions --- The OVT recalls that the horror of the German Nazi period ended with the Nuremberg trial, where all the wrongdoers were judged. Those tribunals prosecuted 24 of the main Nazi leaders and established that due obedience did not exempt anyone from criminal responsibility. It denounces the constant humiliation of victims through tributes to terrorists and proposes fines of between 10,001 and 150,000 euros for welcome acts for prisoners, with temporary closure of the establishments that host them and loss of public subsidies for up to ten years. --- What remains unknown --- The available information does not detail which parties will take up these demands or how a judicial process of this scale would work in practice. Nor does it state what response the Attorney General's Office and the Ministry of the Interior will give to the request. --- Unanswered questions --- Will the parties commit to promoting a judicial process inspired by Nuremberg? Will the catalogue of cases be created and the specialised Chamber Prosecutor requested by the OVT be appointed? Will ETA attacks be catalogued as crimes against humanity? --- EPM analysis --- The proposal combines truth, justice and reparation: investigating what remains unclear, cataloguing the crimes as crimes against humanity and tracing the assets of those convicted. Its strength lies in placing victims at the centre of the debate. 📌 EPM Take: In EPM's view, the central claim is the right of victims to know the truth about the 376 murders without criminal reproach, and that right should not depend on prescription. A rigorous catalogue, a specialised prosecutor and investigation of the assets of those convicted are concrete and verifiable steps. The reference to Nuremberg expresses a demand for complete judicial closure, whose viability parties and institutions will have to define within the guarantees of the rule of law.
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