A FORMER member of the Basque terrorist cell ETA who fled to the UK has been jailed for six years after he was extradited to Spain in May 2017.
Antonio Troitiño Arranz was released 'in error' in 2011 after 24 years in jail for his role in, among others, the bus bombing in Madrid's Plaza de la República Dominicana in the 1980s, which led to the deaths of several Guardia Civil officers.
He was not due to be released until January 2017, in accordance with the 'Parot Doctrine' in force at the time.
This doctrine meant that early release earned for 'good behaviour' – one day deducted from a sentence for every two full days of work carried out in prison – applied to the actual sentence awarded, rather than the custodial term.
In the case of ETA terrorists, sentences have often run into hundreds or thousands of years, meaning no amount of work whilst behind bars would grant them early release; however, the maximum custodial term a prisoner in Spain can serve at present is 30 years.
The 'Parot Doctrine' was condemned by the European Court of Human Rights (ECHR) in Strasbourg in October 2013, meaning early release days earned through working in prison were to be applied to the custodial term required to be served – the maximum of 30 years – rather than the sentence, if this was longer.
Although only an advisory verdict, Spain considered itself morally obliged to apply it, leading to several notorious killers – including Miquel Ricart, convicted for the multiple rape, torture and murder of three teenagers from Alcàsser (Valencia province) in late 1992, and Troitiño's ETA colleague Inés del Río Prada – were immediately released.
Troitiño had been freed in 2011 after earning six years of early release 'credits', but Spain decided to apply the 'Parot Doctrine' retroactively, requiring him to return to prison.
By then, however, he had fled to London.
ETA had provided him with six different fake ID documents bearing different names, two driving licences and two Spanish health cards, so he could live under assumed identities to avoid capture.
The cell also provided him with accommodation and shelter in the house of another ETA member, Iñaki Lerín, in the British capital.
It would take until 10 months ago before Westminster Court agreed to extradite him due to a number of legal loopholes – at the time of his sentencing in Spain, 'terrorism' was not a specific crime in the UK, and it was initially alleged he would not get a fair trial on home turf.
Troitiño declared that since he had left prison in 2011 and set up home in London, he 'received no orders from ETA' and 'would not even pass the time of day' with them if he met them on the street.
His flight was in anticipation of the Parot Doctrine being abolished, and after ETA had already announced a ceasefire.
The terror cell's last attack was in Palmanova, Mallorca in summer 2009, and its last major blast was on December 30, 2006 at Madrid airport T4 car park.
But National Court magistrates Concepción Espejel, Jesús Eduardo Gutiérrez and Nicolás Poveda consider Troitiño had joined ETA again once he was out of prison, and that the mere possession of fake ID supplied by the organisation was proof of this.
The magistrates, however, consider that the accused's only involvement in terrorism was 'latent reintegration', not involving 'any contact with weapons' or criminal activity, merely 'placing himself at the disposal' of the organisation.
According to the court, the so-called 'Collective of ETA Refugees', as the terror cell names them, do not have any access to guns or explosives, but are known in many cases to have 'provided material, financial, legal and documentary assistance' to members who leave Spain.
Troitiño's 'situation', as a 'refugee abroad', automatically 'exonerates him from actual terrorist activity', the court says, given that ETA only ever operated in Spain for reasons relating to Basque independence and reunification, but 'did indeed allow him to participate in providing institutional support and to assist other members on the run', meaning Troitiño is still considered to have 'acted in favour of the organisation'.
Troitiño was initially facing 11 years in jail upon extradition, at the recommendation of the prosecution, but his non-material role in terrorism means this has been reduced to five years, 11 months and 29 days – one day short of six years.
After this, he will be electronically-tagged and kept under court surveillance for two-and-a-half years.
Troitiño can appeal to the Supreme Court if he wishes – the highest contentious audience in Spain – although if this fails, his only recourse is to attempt to claim his rights under the Spanish Magna Carta have been breached and file an interpretation request to the Constitutional Court.
After that, having exhausted Spain's court hierarchy, Troitiño would have to appeal to Europe.
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