The judge of the National High Court Jose Luis Calama has decided not to prohibit the acts of support to ETA prisoners that Etxerat and Sare have called for New Year’s Eve in Pamplona and Arrasate-Mondragón and that include a tribute to Henri Parot, explaining that these are calls for “the expression of opinions that disturb or shock various sectors of society”, but that before they are carried out and it is verified if any crime has been committed, they do not have a fit in criminal law.
“The elements that we have at this moment show that It is the expression of a desire for prisoners to get closer to the Penitentiary Centers of the Basque Country, without entering into the justification or praise of the actions for which they are deprived of liberty, conduct protected by the right to free expression in the field of criminal procedure. “Thus, it has concluded that” there is no evidence whatsoever that allows to affirm, with the requirement that in Law is required to be able to restrict the fundamental rights of the citizens recognized constitutionally, which has occurred or is going to produce any crime, in the acts of summoned “.
In this sense, he stressed that “it should be the competent governmental authority who must decide whether the condemnation denounced complies with the regulations for its celebration.”
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In addition, he recalled that “only Parliament is entitled to define crimes and their legal consequences,” emphasizing that judges cannot make “an extensive or analogical interpretation” of the crime of glorifying terrorism.
However, it has urged the State security forces and bodies to carry out the pertinent control and monitoring of these acts so that, if in the course of them other acts that could constitute crimes take place, “they proceed to identify and, where appropriate, detain their perpetrators “, something for which – it stands out – they do not require a court order because it falls within their” legal obligation “.
Reference-www.elperiodico.com