FUNDACIÓN VÍCTIMAS DEL TERRORISMO 95 - ENGLISH

41 THE AVT ATTENDS THE PRESENTATION OF THE DOCUMENTARY ON THE MURDER OF MANUEL GIMENEZ ABAD T he Association of Victims of Terro- rism attended the presentation of the documentary Por la espalda. Historia de un atentado (From Behind. Story of an Attack), focused on the mur- der of Manuel Giménez Abad by ETA on May 6, 2001, in Zaragoza. The event, held at Zaragoza's Cine Pa- lafox before the documentary's televi- THE TRAP OF ARTICLE 100.2 OF THE PRISON REGULATIONS E Article 100.2 of the Prison Regu- lations was created as an exceptio- nal measure to make the serving of sentences more flexible in specific cases. In practice, however, it has become an al- ternative channel allowing certain ETA prisoners who do not meet the require- ments for third-degree classification to leave prison for a large part of the day, sometimes for more than eight hours. Since prison powers were transferred to the Basque Government, around fifty ETA prisoners are believed to have bene- fited from this formula. Currently, of the approximately 120 prisoners belonging to the terrorist organization who remain in prison, around 18 are under Article 100.2 and close to 50 are in third-degree classification. In practice, this means that more than half of them leave the prison facility daily or, in some cases, spend hardly any time there. This is not a new situation. Already in 2007, this article was used in the case of Ignacio de Juana Chaos, a historic ETA member, in the context of a controversial hunger strike that ended with his transfer to a hospital. Since then, the Association of Victims of Terrorism (AVT) has war- ned of the risk that a tool designed as ex- ceptional might become a disguised way of granting third-degree status. For this reason, the AVT is calling for legal reform that would allow victims to appeal both the application of Article 100.2 and decisions on third-degree clas- sification, thereby strengthening judicial control and victims' participation in the- se processes. The debate has recently returned to the fore following a judge's decision to reject the application of Article 100.2 to the ETA prisoners known as "Anboto" and "Txeroki," after identifying technical de- ficiencies in its granting. The judge also raised the need to change the law so that such measures require prior judicial au- thorization. At present, the decision is applied immediately after administrative approval and is reviewed by a judge only afterward. The AVT continues to criticize the Bas- que Government's prison policy — both under the PNV and currently under the PSE — arguing that it focuses more on finding legal channels to facilitate the release from prison of those convicted of terrorism than on guaranteeing jus- tice for victims. The Association insists that reintegration must be accompanied by effective cooperation with justice and recognition of the harm caused. In short, the use of Article 100.2 raises a fundamental issue that goes beyond the technical: how to balance the flexibility of the prison system with victims' rights and ensure that prison policy does not end up emptying terrorism sentences of their meaning. sion premiere, was attended by AVT board counselor Miguel Folguera and the Association's delegate in Aragon, Lucia Ruiz. The documentary reconstructs the in- vestigation of the attack and focuses on the search for truth and justice, while also recalling the human and political figure of Manuel Giménez Abad. The production had the cooperation of the AVT and included the participation of Antonio Guerrero, the Association's lawyer. By attending this event, the AVT reaffir- ms its commitment to the memory of victims of terrorism and to all initiatives that help preserve their remembrance and prevent forgetting.