The National Court has opposed the clemency request of the former chief of police top Basque Henry Pamies and the inspector José María Ballesteros , sentenced to a year and a half in prison and four disabling to give the ETA tip that occurred in the ‘Pheasant’ Irun (Guipúzcoa) bar.
In two reports submitted to the Ministry of Justice, the trial court of the Third Section of the Criminal Division is opposed to full or partial pardon request and ensures that “is not equitable grounds or social utility “ for the award of the degree of grace.
With regard to the criterion of justice, the third of the worth of pardons, the judges cited the judgment of the Constitutional Court September 22 declaring null “interception of oral conversations via microphones” in interpreting the constitutional scope of Article 579.2 of the Criminal Procedure Act.
The judges Guillermo Ruiz Polanco, Antonio Diaz Delgado and Clara bayarri remember that one of the tests that took into account the sentence was a verbal conversation recorded , held between the bar owner Pheasant, Joseba Elosúa, and her husband Carmelo Luquin, which was played at trial . This, say the judges, “presumably” have been highlighted by the convicts in its appeal before the high court so that will have to be the one who decides regarding the presumption of innocence.
conversation, captured a beacon installed on the car Elosúa the May 4, 2006, the owner of Pheasant and her husband are that who had tipped them off was a ‘txakurra’. “It’s hard for me … I call you one …. you say a ‘txakurra’ … to warn you to it … they are going to flirt!” Said the owner of the establishment. Elosúa explained that the person who saw him said, “and I have told my partner”. “Partner. They are fags or timber” replies Luquin.
The Office of the National Court, meanwhile, spoke in the same direction in two reports last October 21. The prosecution then held that the conviction of two officers not “disproportionate” because the criminal act of which they were found guilty “represents a breach of the duties of reverse and loyalty imposed by law in their capacity as public officials” .
The prosecution also highlighted the “serious prejudice” to the tip of the ETA’s extortion network, which occurred in the ‘Pheasant’ Irun bar on May 4, 2006, and generated “prejudice” caused by its action against this network operation . His conviction upheld by the Supreme Court, a year and a half in prison and four of disqualification for the offense of disclosure of secrets, is stayed pending resolution of his appeal for clemency.
Written chief prosecutor also showed that neither PAMIES Ballesteros and have taken initiatives or later attitudes to his conviction that may justify support for clemency. So stood the two policemen did not provide the “ the evidence necessary for the prosecution of other suspects ” courts of the crimes for which they were convicted.
A life dedicated to eradicating terrorism
In his clemency petition, the Commissioner Henry Pamies has recalled that “dedicated” his life to “eradicate” terrorism, having participated in the dismantling of more than fifty brands successors of ETA Batasuna command , groups and street violence. In fact, he had a leading role in the decryption of the ‘papers Susper’, which led to the arrest of more than 150 people in different operations.
He and Ballesteros were highlighted who have devoted his life to the fight against terrorism and sacrificed their family and personal life to the common good and the disappearance of terrorism.
Legal sources have indicated that the reports are forwarded to the Ministry of Justice, which must react. Fellow Pamies and Ballesteros, now retired, delivered in September half thousand signatures from the Ministry of Justice of citizens who supported clemency agents including victims of terrorism, police, Basque businessmen were ., lawyers and academics
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