The National Court will not appeal the third diploma granted by the Basque Government to the ETA member Luis Mariñelarena Garcia.
It was the latter who assassinated the socialist leader Fernando Buesa and his escort, the ertzaina Jorge Diez Elorzathrough the explosion of a car bomb. This happened in 2000, in the city of Vitoria. In 2002, Mariñelarena was sentenced to a century in prison for this crime. And this week, the recently elected Minister of Justice and Human Rights of Basque Country, Mary Jesus Saint Josephof the PSOE, granted him semi-freedom.
The prosecutor of the National Court Carlos Garcia Berro He chose not to contest this political decision, even if his criteria, in this case, are the same as those defended by his predecessor in power, Carlos Bautistawho left the prosecution a few weeks ago and signed with a law firm.
If the granting of the third degree has been the subject of an appeal, the Central Prison Surveillance Court, whose president is the judge Jose Luis Castrowould have had the last word on that.
As established by a judgment of the Supreme Court of 2022, from this date, the simple presentation of an appeal by the prosecution against the advancement of rank in favor of a member of the ETA immediately paralyzes his semi -freedom. Until that year, things didn’t happen like that.
As EL ESPAÑOL exclusively reported, the Prosecutor’s Office will not appeal the semi-freedom granted to the ETA member. Harriet Iragifound guilty of the murder of Luis Porteroprosecutor of the Superior Court of Justice of Andalusia (TSJA). This crime occurred in Granada in 2000. Iragi and Mariñelarena embody the first two third degrees awarded by María Jesús San José as Basque Minister of Justice. And the Public Prosecutor’s Office, unlike on other occasions, did not appeal to any of them.
Murder of Buesa
In the early hours of October 17, 2000, the National Police arrested Mariñelarena during an anti-terrorist operation that resulted in the dismantling of the Aranba Commandoto which this one belonged. Officers arrested six other people and seized explosive materials, weapons and documents.
That year, Luis Mariñelarena was only 25 years old and previously part of the Order Iturenresponsible for the assassination of the socialist leader Fernando Buesa and the member of the Ertzaintza who accompanied him in his escort duties, Jorge Díez.
According to fiscal sources from EL ESPAÑOL, García Berro’s predecessor, Carlos Bautista, agreed with him on the criterion of not contesting the third diploma that was going to be granted to Mariñelarena.
Likewise, the latter benefited from the regime provided for by article 100.2 of the Prison Regulationswhich looks like a third degree.
This model allows an execution of the sentence that does not strictly comply with the second degree, the most widespread regime for prisoners in Spain, but rather combines its characteristics with those of semi-liberty (third degree).
However, the benefit of the provisions of article 100.2 must be justified on the basis of a specific treatment and reintegration program which could not otherwise be carried out.
In addition to being found guilty of Buesa’s murder, Luis Mariñelarena was sentenced in 2007 to an additional 22 years in prison for the attempted assassination of the president of the Alava Provincial Delegation, Ramón Rabanera.
Mikel Buesa: “That doesn’t surprise me”
In statements to EL ESPAÑOL, Mikel Buesa, brother of Fernando Buesa, criticized the granting of the third diploma to Mariñelarena. “It didn’t surprise me at all,” he assures this newspaper, before describing it as “concessions of the PSOE to the heirs of ETA [EH Bildu]“Decisions like these, in favor of ETA prisoners.
Since July 2021, competence in penitentiary matters has depended on the Government of Basque Country. During the previous legislature, they were in the hands of the PNV. Currently, and after the agreement between the jeltzales and the Basque socialists, once the last regional elections were organized, the Ministry of Justice and Human Rights depends on the regional branch of the PSOE. More precisely, by María Jesús San José.
