Spanish Penal Code (Organic Law Nov 23rd, 1995), Article 18.1, paragraph 2nd:
Apology is, to the effects of this Code, the exposition, before a group of people or by any MSM, of ideas or ideologies that praise the crime or its author. Apology will only constitute a crime as a way of provocation and, if by its nature and circumstances is a direct incitement to commit a crime.
On 2001 Otegi gave a speech in which he praised the gudari ("Basque soldier") Olaia Castresana who was killed by the explosion of the bomb which she was going to explode on next days. He also told young people on the meeting to follow her example.
The criminal process to judge him for these facts had been postponed on several occassions.
The day was fixed for yesterday. But Otegi was not in the trial. When asked, he said that he could not reach Madrid because of the weather.
The President of the Tribunal asked the Police to make sure that these circumstances were true. And he sent the Police to catch him.
The trial was held but:
The Prosecutor of the National Court Fernando Burgos has retired the accusation against the speaker of the illegalised Batasuna Arnaldo Otegi, for whom the Prosecutor's office was asking for 15 months of jail in the provisional accusation based on a crime of praising ETA terrorist Olaia Castresana. That supposses his acquittal because of the retirement of the accusation and the archive of the cause, as there were no other accused part in the process.
This Prosecutor was the same one who asked only for the 2nd grade to De Juana Chaos.
Spanish Justice Minister Bermejo has declared that this is a normal decision and the PP critics are just interested. PP politicians have declared that this is a humiliation for the State.
Rueda de prensa de Pernando Barrena y Marije Fullaondo en San Sebastián. (Foto: EFE)
Pernando Barrena, the speaker from illegalised Batasuna, has accused the Government of not fulfilling the "signed" obligations to easy the truce that ETA declared just a year ago. "We know the ones who signed that agreement", he has pointed out the "political agents", included ETA, should be responsible, and "easy the dialogue". Also here.