Juana Balmaseda, president of the commission that analyzes possible cases of police violence that occurred in Euskadi between 1968 and 1999, will announce this Wednesday in the Basque Parliament that 93 other people have been recognized as victims over the past year. This is the exercise with the most new identifications since this work began within the framework of the 2016 law to supplement the regulations on terrorism and on civil war and dictatorship and which includes cases of murdered, injured by police intervention or torture. In total, there are now 240 confirmed police victims (35 in 2021, 46 in 2022 and 66 in 2023) and 417 files remain awaiting analysis.
Balmaseda appears in the House to present the annual report of the commission, whose composition has undergone some changes following the change of government and other departures. According to the report already provided, twenty of the new cases occurred during the dictatorship, but 73 of them, a large majority, occurred after the death of Francisco Franco in 1975 and in some cases well before democracy. A compensation volume of 1.92 million euros was agreed for this new batch of victims, of which 810,000 correspond to deaths. On the contrary, 20 out of 93 are not entitled to any financial compensation and 39 received 5,000 euros or less.
The report that Balmaseda will present to the Chamber highlights that 75 of the 93 cases concerned cases of torture or ill-treatment and requests that public prominence be given to this reality both in Álava, Biscay and Gipuzkoa and in other possible travel to centralized offices in Madrid. because it was something isolated. Two of the torture cases also “resulted in death.” An additional component of sexual violence is noted when the detainees were women. The commission will defend that it is “remarkable” that a large number of those arrested were released (thirteen without appearing in court, thirteen after testifying, three without having been tried,…) despite the serious initial accusations. There are complaints against the state security forces (41 from the Civil Guard and 42 from the National Police and previous bodies) but also three against the Ertzaintza.
Nine of the victims “were shot and wounded” by officers on duty or parapolice groups. There are also reports of injuries caused by smoke bombs, rubber bullets or other riot control equipment. The consequences? “Very serious vision loss and cosmetic damage,” for example. Some cases also fall under terrorism since it is considered proven that they were victims of attacks perpetrated by organizations such as the GAE (Spanish Armed Groups), the Spanish Basque Battalion (BVE), the Armed Liberation Organization National Against Marxism and Separatism (OAMAS) or the Armed Organization for National Liberation Against Marxism and Separatism (OAMAS). GAL itself (Anti-Terrorist Liberation Groups).
An exhumation
The annual police casualty report reveals that there is one case in which the exhumation of a corpse was carried out to provide resolution as security. This is an episode that occurred in Hondarribia in May 1974, in the final stretch of the dictatorship. ETA members Roque Méndez and José Luis Mondragon were shot dead by Franco’s forces. Only Méndez’s family appeared before the commission. The “plausibility” of the “official version” of the authorities of the time is called into question. The exhumation of Méndez’s skeletal remains “clearly shows” that the investigation was not complete and that the police acted disproportionately in shooting these two people. “The data obtained from the exhumation carried out support, with a sufficient level of probability, the hypothesis of an extrajudicial execution,” indicates the commission, which benefits from the support of the Aranzadi Scientific Society, whose visible leader is coroner Paco Etxebarria. a specialist in this type of case since his participation in the elucidation of the crime of Lasa and Zabala during the years of the “dirty war” against ETA.
Méndez is not the only member of ETA or his entourage to appear on the list of victims. There are 28 in total, plus three relatives, two people who “regularly” visited those who fled to France and one participant in the “kale borroka” acts. Also 22 activists or sympathizers from the entourage of what was Herri Batasuna, the current Sortu. There are also members of CCOO, EGI -the youth of the PNV-, LAB, Euskadiko Ezkerra or the EMK or Revolutionary Workers’ Organization, now defunct. There are also victims without any affiliation – and who even demand that it be made clear that they have nothing to do with ETA, like the one tortured by Ertzaintza who regrets that her data is still associated with terrorism on Google – and nine minors when the events occurred. One of those recognized was 97 years old and died within days of learning she was going to be added to the list.
The commission will raise in Parliament, as it does in its annual report, that greater dissemination of these cases in the media and in society would be desirable. In this document, they expressly request that efforts be made to make this reality known throughout Spain. They even offer English versions of the surveys or offer an “international seminar”. They thank the previous government for organizing annual public tribute events, but demand that the new government be involved “at the highest level”. In 2023, some voices regretted the absence of the Lehendakari, Iñigo Urkullu, at the recognition ceremony organized at the Kursaal in San Sebastian.
The body created to analyze the requests of potential victims is asking for more collaboration from certain institutions to obtain data to make a decision, particularly those from public archives. Likewise, he believes that he does not have sufficient means to undertake his work. “Without the forensic team, the commission would be paralyzed, since its opinions are mandatory in each case. The enormous workload they bear has – at this stage incomprehensibly – no recognition from the Directorate of Administration of Justice or the Basque Institute of Legal Medicine other than in hours face-to-face meeting. […] The forensic doctors and psychologists worked for almost four years in an exemplary manner, with exceptional results, and free of charge with extraordinary and generous dedication of their free time. But the situation is untenable. Since the work began four years ago, this problem has been alerted. “Time is up,” he calls on the new Executive. The PES-EE assumed the portfolio of Justice and Human Rights. It was precisely under the government of Patxi López that the first approaches were made to these victims. Idoia Mendia was an advisor in the sector and hired Manuela Carmena, who would later become mayor of Madrid, as an advisor.
The commission also recalls that this law – contested by the right in Euskadi and Spain, believing that it tries to obscure the fact that ETA was the main perpetrator by highlighting other violence – should be reformed to improve the policy compensation. Likewise, he does not forget that hundreds of agents of the state security forces tried to divert his meaning and asked to enter as victims. Around 523 complaints were inadmissible, 473 from civil servants and 50 from other ETA victims. 86 filed administrative appeals – all rejected – and 21 kept the fight in court. It is estimated that the 417 pending cases could be analyzed and resolved within a maximum period of four years, after which the commission would cease its functions.
