The Penitentiary Regime for Terrorists in Spain: The Prison as a Weapon against the ETA

Cano Paños, Miguel Ángel

The Penitentiary Regime for Terrorists in Spain: The Prison as a Weapon against the ETA - 2013.


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The sort of violence displayed by terrorist organization ETA is one of the most terrible problems suffered by Spanish society in decades. As a consequence of terrorist atrocities, Spain, like many other legal systems in Europe, has inforced an important set of punitive measures against this type of crime—developing a situation of exceptionality concerning the repression of terrorism. Paradigmatic of this is the example of penitentiary legislation. The role played by imprisoned ETA members has become paramount in any possible solution to the conflict, especially after the public announcement broadcasted by the terrorist organization on October 20, 2011, in which it declared its “definitive cease” of all “armed activity”. Since then, it has become of the utmost importance to define the characteristics of the present legal regime applied to this type of criminals. This article analyzes the legal and penitentiary measures concerning individuals imprisoned over crimes of terrorism, for many of these measures were reformed by the Ley Orgánica de Cumplimiento Íntegro y Efectivo de las Penas (Organic Law on the Full Enforcement of Prison Sentences) 7/2003, of 30 June. This reformation, as discussed by the authors of this article, represented the consolidation in the Spanish legal framework of an “exceptional legal and penitentiary subsystem”, a harder one in punitive measures, as concerning the conviction and enforcement of penitentiary measures for individuals found guilty of terrorist crimes.

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