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Basque 100.2 Flexibility for ETA Inmates Faces Prosecutor Challenges and Victims’ Reform Push

Prosecutors say brief time under the measure fails to show sustained rehabilitation following the disclosure of 15 beneficiaries.

Overview

  • ABC published a list identifying 15 ETA prisoners currently benefiting from article 100.2, a flexibility provision applied by prison treatment boards and approved by a supervisory judge.
  • The Fiscalía de la Audiencia Nacional has appealed decisions that would have advanced at least four of those inmates to third-degree open conditions, according to ABC.
  • ETA convict Asier Arzalluz Goñi moved on February 10 to the step prior to conditional release, a progression the Fiscalía is contesting on the grounds he spent only three to four months under article 100.2.
  • The Basque Department of Justice confirmed that Juan Ramón Carasatorre obtained semiliberty in January under article 100.2, allowing weekday daytime release with nights and weekends spent in prison.
  • The AVT urged changes to penitentiary law to ensure victims are notified and can appeal 100.2 authorizations, citing AVT data that the Basque Government has approved 113 third-degree progressions since 2021 with 20 reauthorized after revocation.