The court that in the National High Court resolves appeals in penitentiary matters is analyzing the appeal filed by ETA member Jon Etxeberría Oiarbide against the Court’s decision that denied him a three-day permit. He has requested a new report from the Treatment Board of the Álava prison, where he is located after being approached last summer, and which he has already reported favorably upon release.

In a ruling to which ABC had access and for which Judge Ricardo de Prada, recently incorporated into the First Section, was a rapporteur, it is specifically required that “the Treatment Board and the technical team of said center rule again on the current situation of the prisoner and circumstances that could be relevant in his prison evolution, so that the court can rule in real time» to decide on the relevance of that ordinary permit.

Etxeverría Oiarbide, who has already served a sentence in France as a member of ETA, is sentenced to nine years in prison for depositing weapons. He entered prison in December 2017 and was in the El Dueso prison, in Cantabria, until in August 2021 the Ministry of the Interior decided to bring him closer to his place of origin and transferred him to Álava.

That approach was communicated in the month of August and it was on that same date, that is, when he had just arrived at the prison, when the Treatment Board of the Alava center reported in favor of him enjoying an ordinary three-day exit permit. duration, which was appealed on the fly before the Penitentiary Surveillance Court.

By order of December 20, 2021, he was denied release from prison with a decision that the same Court of the National High Court confirmed last March. Now, his defense has appealed to the First Section of the Criminal Chamber, considered the main containment dam for prison benefits to ETA members not sufficiently justified until the departure of Concepción Espejel, who presided over the Section and is now part of the Constitutional Court .

It is to resolve this appeal that the section, made up of magistrates Ricardo De Prada, Francisco Javier Vieira (President) and María Riera Ocáriz; has once again requested the Treatment Board to rule on the evolution of ETA. Leaving evidence in the ruling that claims information of the fact that his first assessment was favorable to him enjoying a three-day permit.