A Basque killer is to be extradited to Spain to face charges of justifying terrorism, a Belfast court ruled today.
Jose Ignacio de Juana Chaos (54), has already served a jail sentence for his role in 25 murders.
Lawyers for the Spanish authorities are seeking to have him brought back to Spain to face fresh charges.
Judge Tom Burgess, the Recorder at Belfast’s Laganside courts, said: “All courts are more than conscious of the statements and pressures that emanate from many sources without the judicial system, but there is no reason to believe that the judicial system of Spain is any less robust in carrying out its duties without fear or favour.”
The accused, who was on bail in Belfast, is being sought over the contents of a letter read out at a rally in San Sebastian in August 2008. The message was allegedly given in his name, with the charge against him heavily dependent on the Basque phrase “aurrrea bolie”, which translates literally as “kick the ball forward”.
The offence was allegedly committed at a gathering in San Sebastian, Spain, following his release from prison after 21 years for terrorist offences. He faces the possibility of a two-year jail sentence if convicted of the public justification of terrorist actions which caused humiliation and intensified the grief of victims and their relatives.
The Spanish issued a European arrest warrant in November 2008 which was dealt with today at the Recorder’s Court.
According to a Court Service spokeswoman, the recorder said the underlying principle of the procedure was that the receiving court should, unless contrary evidence is placed before it, have confidence in the system of the administration of justice in the country seeking the arrest and extradition.
He said he is obliged to place trust in the judicial procedures of Spain unless and until evidence is placed before him that De Juana would not receive a fair trial and would not have his European Convention on Human Rights entitlements respected.
The defence had argued his extradition was issued for the purposes of prosecuting him for his political opinions and, if extradited, he might be prejudiced at this trial or punished because of his views. His lawyers said De Juana’s mental condition was such that it would be unjust or oppressive to extradite him, and his extradition would not be compatible with his rights under the European Convention.
De Juana claimed that the Spanish court had been influenced by the victims’ group that lodged the complaint leading to the arrest warrant. But the recorder said there was no evidence to suggest that the judge in Spain was doing anything other than carrying out his obligation to investigate the complaint.
Lawyers for the Spanish authorities denied he would be exposed to inhumane treatment.
The judge said it was not the case that De Juana will inevitably be sent to prison on his return. The recorder concluded that it is for the Spanish judicial authorities to consider the impact of imprisonment, either on remand or conviction, on De Juana’s mental condition.
He was also satisfied that there was no evidence to suggest that the Spanish authorities would seek to put him on trial for any offence other than that which is included in the arrest warrant, or that it would seek to exceed its sentencing power.
The judge reiterated that no argument had been placed before him that would indicate that De Juana would not get a fair hearing in Spain.
PA