THE CONSTANT INFRINGEMENT OF RIGHTS PRODUCED BY THE DISPERSIÓN
DISPERSIÓN

THE CONSTANT INFRINGEMENT OF RIGHTS PRODUCED BY THE DISPERSIÓN
The infringement, the Spanish and French States maintain steady with dispersion policy is uninterrupted. The infringement list is endless. On the following lines, we will mention some.

The right to communication:
With the dispersion policy it is neither possible to achieve the right to communication nor to fulfil the rules which develop that right in the Spanish and French States. Not only because of its economical spending but also because of the impossibility of spending the whole week on the road.

To continue with what we have said ahead, we have to mention the big quantity of accidents that take place. Up till now this year, there have been 16 accidents caused by the dispersion policy (3 per month) and 44 the people affected. Since this policy began, there have been 16 the relatives who have died. It has to be marked that only last year two relatives died (Leo Esteban and Karmele Solaguren). In that year dispersion policy has caused 40 accidents and 102 have been the affected people (Irantzu Abad, M.L.L., Jose Luis Gerra... are the ones who have been at death?s door, dozens of people affected of several importance and dozens also people who have put up with high economical charges on their cars...). It is not any fussiness the economical charge that dispersion causes. Taking into account French and Spanish regulations in respect to communications, as well as its application with the dispersion policy in force, it means each family has an average of 1.675.44 euros of economical charge a month (278.770 ptas.), without counting the costs produced by the lost labour hours, accidents, obstacles, misfortunes...

In this section we also have to mention all those relatives that due to health problems, be advanced in years... can?t drive those kilometres to be with their beloved. Mention at the same time those relatives, daughters and sons who are very young and go far so many kilometres with all their consequences both physics and psychologicals.
Not being enough, the right to communications is more and more restrictive. In the Spanish State they have put limits to communications with the closest people, vis a vis communications have been moved to working days ( during the week), in a lot of prisons the partner?s family is not considered of family link... In the French State, Basque Political Prisoners have forbidden for long months and even years the communication with close friends, the dispersion policy causes more and more isolation and loneliness (a prisoner for prison). Both states maintain dispersion measures to cause great suffering among relatives.

Conditions in which exiled people are not better; in London, Belgium and Mexico. We can mention for example Jon Lopez Gomez who is in prison in Belgium: in a cell without toilet, doing his business in a bucket (24 hours a day), without natural light, only visits from direct relatives and being able to write only to his lawyer. It does not matter if it is day or night, each hour the small window on the door of the cell is open and the light switch on, with this it is impossible to sleep...

The right to protection:
The policy practised against our relatives reaches even the point of infringing the right to a defence in good conditions, being the consequence that to prepare a trial there are too many restrictions imposed for the communication lawyer, client.

The right to health:
We will mention the rights which belong to prisoners and which are infringed systematically:

- The lack of health care. Disinterestedness from doctors and prison officials. In many cases, it?s a question of proffesional irresponsibility. An inhuman behaviour, such as gynaecology examination. Ill people?s rights are not respected, confidentiality and intimacy are infringed. There aren?t any medical records in front of infections. When Basque political prisoners are changed of prison, medical expedients disappear or arrive very late. To make diagnosis even in serious cases, the period of waiting is endless. Examinations with reliable specialists aren?t allowed. Everything carries within a great risk as it could be about a serious illness.

- The limit to the right to a proffesional health assistance. The obstacles and prohibition for the application of that right, even when that same regulation is governed by law (LOGP , art. 36.3 and RP, art. 212.3). Those examinations with reliable proffesionals have been deprived of authority by the management of the prison as well as by DGIIPP and Juzgado Central de Vigilancia Penitenciaria in Madrid.

- The non-existent relation that prison?s doctors and officials have with the reliable doctor. When extrapenitentiary examinations with reliable doctors are forbidden , these doctors put in contact with the prison?s doctor to inquire about the patient?s situation (Basque Political Prisoner) to follow up his/her health problems and in most cases these attempts don?t bear fruits, as they are not contrasted with the treatments. It is so that Processing Treatment Committees (doctors, psychologists, educators,security agents...) of prisons become an obstacle for the health adequate assistance for the prisoner.

- The follow up of the pathology. Due to the geographical distance and the denial to the examination with a reliable doctor, this puts in touch with the prison?s doctor by telephone, while with the prisoner he/she has to do it by writing communication which is censored each time. To do it this way involves the great difficulty for the proffesional at the time of doing the diagnosis, over all if it is about any mental disorder.

- Limits to apply number 92 article. The penitentiary law which talks about setting prisoners with incurable diseases free, is not applied. Reliable doctors request the release from prison with regard to the analysis and diagnosis made and to treat those patients properly outside, but this doesn?t have a positive answer. There we have the examples of Jon Agirre Agiriano, Bautista Barandalla and Bautista Barandalla.

The first one has spent 24 years in prison, and up to 24 hours a day, he spends 23 in a tiny cell. As a consequence, he has got a big weakening on the lumbar vertebras: he?s got diabetes and high-blood pressure; his aches started about the year 1998, but the discovered was maintained until the year 2005. Nowadays, he is in Langraitz prison, he has been taken to Donostia to be operated and to give him an adequate treatment. His lawyers has asked for the 92 article.

To the second prisoner mentioned, some months ago doctors diagnosed kidney cancer. Nowadays he is in Langraitz prison, he has been taken to Donostia?s hospital for the operation and treatment and his lawyers has asked for the interruption of the sentence.

The third one is in prison in Iruñea with an incurable disease (ulcerous colitis ). They are treating him at Iruñea?s hospital and his situation could be said to be in a way "stabilized". In its day his lawyers have asked for the application of the 92 article, but the Penitentiary Vigilance judge, Isabel Huesa Gallo, didn?t estimate it, more because of revenge from state than for humanity reasons.

Dispersion, isolation galleries and beatings
The prison classifies the prisoners in terms of different stages. In theory this classification is made with a view to the behaviour the prisoner has in regard to the prison and this carries some of other life conditions.

The 54% of the Basque Political Prisoners is on the first stage, the classification which has more restrictions. So 25% of the Collective is sentenced to live on isolation regime. These should be special and limit measures in time, thus demanded by international experts, classifying those regulations as cruel, inhuman and degrading. However, many Basque Political Prisoners suffer it for years. Something to be taken into account is the farther prisoners are from the Basque Country, the bigger quantity of them who are in isolation galleries. In the Basque Country?s prisons we hane 11 relatives and none of them is in isolation galleries. So that we understand that distance and isolation have a direct relation.

Isolation = extermination
The fact that our relatives? Collective has not been dominated ideologically, is what carries to have prisoners in such hard conditions. What is a department or a special module It is a place different from the others, in terms of architectural level, regime and sensorial. A place to repress those prisoners considered "very dangerous" by prison officials, places which are not made for people to spend a long time there. They are departments, modules or cells with very hard life conditions that affect physically and psychologically to prisoners. Their main feature is isolation and loneliness 24 hours a day, endless restrictions to make being maltreated easy by official prisoners, being these in charge of those departments and in general, the most inclined to violence and cruelty.

The average in the last years is of 20 beatings per year, the ones that our relatives? Collective has had to endure (Spanish and French prisons). Taking into account their own laws, none of our relatives have the conditions to be maintained for many years in those isolation galleries. So, the fact that it is done shows that the political extermination is applied depending on the political struggle that maintain the Spanish and French States against The Basque Country.

Dispersion and the rights to language and education
The right to study ata the Basque Country University has been denied to our relatives? Collective. They can only study ata UNED (University at distance) and thus since the year 2002, being the exception those Basque Political Prisoners who are in the French State, although Spanish Government has already lodged an appeal, so that even these prisoners will not be able to conduct their studies at the Basque Country University.

The fact of having to study at UNED ( open university) means :

- Not being able to study in Basque.

- It will not accept students who are in the French State.

- It does not give the possibility of studying the courses students want, so that those courses students began before and they did not finish can not be continued, they have to start new ones.

- It is known that UNED Madrid does not have a proper functioning and moreover if the students are in prison... Continuous changes/ removals to take the exams...

The change in law for our relatives, carries with it an infringement of rights, being of seriousness the favt that they can not choose the course and they can not study in Basque. Dispersion itself is a big obstacle to study, but longing for vengeance and hatred does not know limits, every imposition is little and to this the prohibition to conditions that would make possible the study, culture access, education... is added.

In relation to the language (Basque) letters, magazines, newspapers ... everything arrives very late. It is the imposition of the non-Basque, the denial to the right to live in Basque. We have to mention that our relatives are punished because they speak in Basque at court, or for example Pello Zelarain, prisoner in Villena (Alicante), who has communications in Basque forbidden both with his relatives and friends. Other example is that of Karlos Apeztegia (Jaen) punished with isolation days because he spoke in Basque with his little daughter.

Changes in law in the Spanish State
Basque prisoners who were sentenced before the year 1996 will spend a longer time in prison than social prisoners. The limit time in prison was of 30 years to which days were reduced (sentence reduction) because of studies, taking part in activities, both for the end of the sentence as well as for going out in probation. This last option has always been denied to our relatives? Collective, even when law established that possibility. As conclusion, the sentence served is total, longer time that other people in prison.

In 1996 a new law which denied any kind of redemption started, so social and political prisoners had to serve the whole sentence. However, the first ones with a limit of 20-25 years while the second ones with the limit of 30 years.

Last changes came during the years 2002-2003. First with the creation of Juzgado de Vigilancia Penitenciaria in Madrid (High Court). Thus, this same High Court controls the fulfilment of the punishments; state?s deterrent meassures do not need any change, they are maintain as a legal way and thay leave our relatives without rights.

In terms of the third stage classification (with a view to probation), a new law is imposed; this law will be only applied to those who become betrayers, apologize to their victims and pay for the established fines. Although this is a new law and of no application to our relatives who were sentenced by the previous law, it is applied to them.

Without the mentioned requirements, it is impossible to go out in probation. If it is not enough , the 3/4 parts of the sentence are not applied to the limit sentence (20-30) but to the sum of all the sentences.

These changes in law affect also to two other sections. On the one hand, the limit of 30 years in prison, passes to 40. It is so, that it is put into practice that sentence Aznar said ("that they languish in jail") which with life imprisonment becomes real. On the other hand, the previously quoted Government behaviour; the prohibition of studying at the Basque University, having only the possibility of studying at UNED,open university.

Political Statute
Between the years 2001 and 2002, our relatives? Collective had a long and deep internal debate, making more specific their repratiation aim: the request of some conditions, so that the Collective, as a political agent as it is, would be able to take part in debates and agreements in the search of a democratic solution to the political conflict.

It is so, that we, relatives of the Basque Political Prisoners, taking into account everything , demand that to the above- mentioned Collective, their rights to be respected; their gathered in the Basque Country, be able to organize, to be able to be in contact with other agents outside and to be able to take part in all the political debates and agreements.

To make all this real, it is essential first, that the states infringemegnt on rights end, the end of the dispersion and to take meassures, so that the Collective can make contribution with total normality. At last, we demand that the extermination policy which is applied to our relatives (that is a consequence of the political conflict that exists in the Basque Country) takes a step towards the solution applying policies such as those which recognize and apply the political feature of our relatives, understanding with it, that apart from finishing with our and our relatives rights infringement, this would carry with it dialogue and agreements, taking as example the National Debate Meeting in which among other agents, the prisoners? Collective, Etxerat... take part.

Political Statute :

Essential rights

- No to torture and cruel treatments; no to isolation and beatings.

- Right to health; freedom for prisoners with serious illnesses.

- Right to communication ; no to auditing and limitation.

- Right to the language; the right to live in Basque.

- Right to education ; NO TO OBSTACLES TO STUDY-

Political rights

- Right ti gather them in the Basque Country.

- Right to organize.

- Recognition to talk.

- Right to be in touch with different agentsd.

- Right to take part in all the debates and political agreements.