The National Audience (AN) agreed to archive the file of the kidnapping and assassination of Ermua advisor Miguel Ángel Blanco in 1997 for the former ETA leader Soledad Iparrraguirre, alias “Anboto”, considering that the facts are prescribed.
In an order collected by Europa Press, the Criminal Chamber accepts the appeal of the former gang leader – to which the prosecution has adhered – because, “failing this, the principles of legality, legal certainty, “non-retroactivity of standards favorable sanctions and prohibition of arbitrary action by public authorities.
The magistrates of the Fourth Section accepted the dismissal of “Anboto”, but are waiting to rule on the appeals of former gang leaders Miguel Albisu Iriarte, “Mikel Antza”, and Ignacio de Gracia Arregui, “Iñaki de Renteria”. What is predictable is that, as with “Anboto”, they will also accept the file for them, according to legal sources consulted by Europa Press.
Judge Manuel García Castellón prosecuted four former members of the ETA Executive Committee – the three mentioned above and José Javier Arizcuren, alias “Kantauri” – finding that the conditions required for author-mediator status were met because of the domination of the organization. That is to say, the former leaders of the gang were involved in the murder when, as senior leaders, they could have prevented it.
The “Kantauri” case is excluded from this hearing, since the former leader of the terrorist group was already prosecuted for these events, the kidnapping and assassination of Miguel Ángel Blanco, by judge Eloy Velasco in 2016, when they had not passed 20 years. since the murder. Regarding the applicability of the 2010 reform of the Penal Code, which made murders resulting in death imprescriptible, the prosecutor in charge of the case, Carlos García Berro, argued that it could not be applied to the case given that the events occurred in 1997, therefore there can be no retroactivity of the legislative modification. “Any procedural rule which involves the restriction of rights can never have retroactive effect”, he stressed, before concluding that even if he knows that his position is “unpopular”, he considers that it is “more important to defend the guarantees of the rule”. of the law (… .) and not tolerate a reduction of the guarantees that protect everyone,” defended García Berro.
