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The Prosecutor’s Office will not appeal the third degree granted by the Basque Government to the ETA member who killed prosecutor Luis Portero

This is how EL ESPAÑOL was able to discover it. This Tuesday, we learned that the Ministry of Justice and Human Rights of the Basque Government, in the hands of the socialist party Mary Jesus Saint Josephgranted semi-release to this prisoner.

And the prosecutor of the National Court Carlos Garcia Berro chose not to contest this political decision. If he had done so, the Central Prison Surveillance Court, whose president is the judge Jose Luis Castrowould have had the last word on the third diploma awarded to Iragi.

As established by a judgment of the Supreme Court in 2022, since then, the simple presentation of an appeal by the prosecution against the progression of rank in favor of a member of the ETA immediately paralyzes his semi-freedom. Until now, this was not the case.

According to judicial sources reported to EL ESPAÑOL, the reasons given by the prosecution for not contesting semi-freedom are multiple: the prisoner has served three quarters of his sentence, he signed a letter of forgiveness with express mention of his victims , he has a poor prognosis for recurrence, who has dissociated from ETA and who has maintained good behavior in recent years.

The same sources detail to this newspaper that the decision not to appeal this third degree is also shared by the former head of these cases within the National Prosecutor’s Office of the Court, Carlos Bautista. However, the latter has just signed with a law firm and García Berro has replaced him.

Criminal career

Harriet Iragi killed the general prosecutor of the Superior Court of Justice of Andalusia (TSJA) in 2000. He shot her in the back at the door of her house. The ETA member was convicted for these events in 2002.

Also, for two other assassinations: that of the PP councilor of Malaga José Martin Carpena and that of the doctor and colonel of the Air Force Antonio Emilio Muñoz Cariñanos.

Since the end of 2022, Iragi had been serving his sentence in Basauri Prison, where he was transferred on that date by the central government. Since that same year, it is the Basque Government which has held powers in prison matters, it is therefore the autonomous Executive which issues the third diplomas.

Iragi, as part of the Erraia ordercommitted the three assassinations in Andalusia and the same year 2000.

Guardian, to Marlaska: “He’s lying”

In statements to EL ESPAÑOL, Daniel Porteropresident of the Dignity and Justice association for victims of terrorism, criticized the granting of the third degree to his father’s murderer.

He also criticized the comments of the Minister of the Interior, Fernando Grande-Marlaska, who assured that Iragi’s semi-freedom had been “approved by a judge”.

As provided for in the General Prison Law in its article 76, the Surveillance judge intervenes to resolve appeals, where applicable, against progression or regression in grade.

“It is false that the decision to move on to the third year was approved by a judge. It is a political decision,” complains, in a conversation with this newspaper, Daniel Portero, who is also a PP deputy in the Assembly from Madrid. “What we are experiencing in terms of prison policy, we have never experienced before. The Government is kidnapped by ETA-Bildu and its blood votes“, he laments.

However, Interior sources tell EL ESPAÑOL that the fact that the Prosecutor’s Office did not appeal corresponds to their conception of judicial approval. “If there was no appeal, it is because the prosecution agrees and that is judicial review“, defend the aforementioned sources. “The Public Prosecutor’s Office is an extra-prison authority which controls the Administration”, they conclude.

However, the supervisory judge did not participate in the entire process of granting the third degree to Iragi, who only acts, in cases like this, to resolve appeals against this prison benefit.

For its part, the association Covite, chaired by Consuelo Ordóñez, requested that the prosecution appeal Iragi’s third degree, which will not take place. According to Gregorio Ordóñez’s sister, in the case of this ETA member there is no “repentance for his crimes.”

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