Spain • • • 🌿 Progressive

Fachada de piedra de un juzgado español con columnas y escalinata
Erick Prometeo Media

Prosecutors appeal again Olarra Guridi's third-degree status

Prosecutors at Spain's National Court appealed the new third-degree grant to former ETA military chief José Antonio Olarra Guridi, approved by the Basque…

--- The context --- Third-degree prison classification is a legal figure in Spanish law that allows an inmate to serve part of a sentence in a semi-liberty regime, always under judicial control and with verifiable requirements. The new grant to José Antonio Olarra Guridi, former head of ETA's military apparatus, has reopened the debate on how, when and with what guarantees that figure should apply to people convicted of terrorism with very long sentences and victims still present in collective memory. --- The facts --- The Public Prosecutor's Office at the National Court filed an appeal before the Central Penitentiary Surveillance Court against the decision of the Basque Government's Department of Justice and Human Rights to move Olarra Guridi up to third degree. The measure had already been revoked in July by the National Court, which held that the consolidation of positive factors supporting the inmate's individualized reintegration prognosis still had to be verified. Olarra Guridi was sentenced in 2007 to 1,253 years in prison for the 1995 attack in Vallecas (Madrid) against a Navy van, with six dead. He was later sentenced to 1,000 years for ordering the attack of November 6, 2001, against Undersecretary for Science Policy Juan Junquera, which left 95 injured, although the undersecretary was unharmed. Less than three months after the revocation, the Gipuzkoa prison again proposed the progression and the Basque Government approved it. --- The positions --- The Basque executive explained that the decision responded to the inmate's personal reflection, required by prison legislation and assumed by him, accompanied by a correct evolution of his behavior, according to facts confirming it. The prosecution, by contrast, considers the grant premature: it recalls that the Court revoked the progression only five months ago at the Public Prosecutor's request and that the short time elapsed does not allow a weighed study of the inmate's evolution. --- What remains unknown --- The ruling of the Central Penitentiary Surveillance Court on this new appeal is still unknown, as are the full technical reports supporting the Gipuzkoa prison's proposal. No monitoring calendar has been made public either, nor the concrete conditions that would accompany the semi-liberty regime if the progression were ultimately upheld by the court. --- Unanswered questions --- Will the Court consider that the time since July is enough to prove a consolidated evolution? What weight will the gravity of the crimes and the reparation of harm carry in the decision? Will additional conditions and controls be set if the third degree is maintained? --- EPM analysis --- The case concentrates a tension proper to the rule of law: reintegration is a legal mandate, but its application demands reasoning, sufficient time and rigorous verification, especially in terrorism crimes. The prosecution also stresses the criminal typology, the scarce reparation of harm given the meager amounts with which the inmate is meeting his liability, and the excessively long period until his final release in 2032. 📌 EPM Take: In EPM's view, the decision adopted by the Court must be fully reasoned, public in its grounds and verifiable in its data, because regulated reintegration is only legitimate when each requirement is proven with solid reports, reasonable observation periods and effective controls, and because victims and society need to verify that no progression is granted through administrative inertia, but after an individualized, transparent evaluation subject to the judicial control that Spanish prison legislation itself provides for such serious cases of terrorism nationwide.
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