page_title: Basque National Liberation Movement prisoners
section_title: Dispersal policy
hierarchical_section_title: Basque National Liberation Movement prisoners / Dispersal policy
caption_attribution_description: English: Blank physical map of metropolitan France for geo-location purpose.Scale&#160;: 1:14 816 000 (accuracy&#160;: about 3,7 km) for the bathymetry. More maps of France, view →&#160;Commons&#160;Atlas of France. Français&#160;: Carte physique vierge de la France métropolitaine destinée à la géolocalisation.Échelle&#160;: 1:14&#160;816&#160;000 (précision&#160;: environ 3,7 km) pour la bathymétrie. Projection équirectangualaire, données WGS84 Méridien central: 002° 06' E Parallèle à la bonne échelle: 46° 15' N Limites géographiques de la carte&#160;: Ouest&#160;: 005° 48' W Est&#160;: 10° E Nord&#160;: 51° 30' N Sud&#160;: 41° N
context_page_description: Basque National Liberation Movement prisoners are all those people who have been imprisoned, placed on remand, or otherwise kept in custody due to their illegal activity in support of the Basque National Liberation Movement.
  Most individuals linked to the MLNV currently serving out their sentences in prisons of Spain, France and other countries were convicted for their involvement with Euskadi Ta Askatasuna at the moment of their arrest, and for other offences such as murder, attempted murder, participating in terrorism and kidnapping. Some were convicted only for being a member of ETA, while others were not members of ETA but have been imprisoned for collaborating with it, or have been convicted of other offences such as belonging to illegal organizations like Gestoras pro Amnistía or SEGI, belonging to or trying to rebuild banned political parties such as Askatasuna and Batasuna, participating in Kale borroka, or for the "public glorification of terrorism", an offence incorporated into the Spanish Criminal Code in 1995.
context_section_description: In 1989 the Spanish government began a policy of dispersal of Basque prisoners throughout Spain. The purpose was to restrict communication between ETA and its prisoners and to eventually reintegrate them into society. At the beginning some prisoners were even sent to North Africa and the Canary Islands, but during ETA's ceasefire in the late 1990s those prisoners were brought back to the mainland, and even after the ceasefire ended they were kept there. Several times prisoners have been brought nearer to the Basque Country as a response to an ETA ceasefire. For example, in September 1999, 105 prisoners were sent to prisons nearer the Basque Country in response to ETA maintaining its ceasefire for over a year. However, prisoners have also been sent further away in response to ETA violence.
  The policy has been maintained over the years, generally sending the more dangerous or high ranking individuals to prisons furthest from the Basque Country. 2014 marked the 25th anniversary of this policy, which has been hailed as a great success by the Spanish government, especially in the light of the 2011 declaration by ETA of a permanent ceasefire. France has taken a similar approach, spreading the prisoners throughout the French prison system.
  The families of the prisoners view this policy as punishing them, as they are forced to travel large distances to visit their imprisoned relatives. They argue that the distances they need to travel cause stress, is financially draining, and that every year there are accidents involving family members while traveling to or from prisons. There have been many demonstrations calling for all these prisoners to be moved to prisons in the Basque Country. Currently there is a highly publicised campaign calling for this. Its slogan is "Euskal presoak- Euskal Herrira" ("Basque prisoners to the Basque Country"). It has widespread support within the Basque Country. Ill prisoners also regularly ask to be transferred to prisons in the Basque country.
  Most of the main political parties in Spain reject this idea, the exception being Podemos which wants to see an end to the dispersal policy. Mariano Rajoy, the Prime Minister of Spain, said in 2011 that he would not consider ending the policy until ETA declares its disbandment. Interior minister Jorge Fernández Díaz confirmed the possibility of changing the dispersal policy conditioned on ETA's dissolution. In 2017 this was re-emphasized by the Interior minister Juan Ignacio Zoido who stated that the Spanish government would not end dispersion while ETA still exists. By contrast, the European Parliament condemned on 5 October 2017 dispersal policies applied within Europe for their damaging effect on prisoners' family life, as well as urging member states to revise the sentences of seriously ill prisoners on humanitarian grounds; the act, passed by a large majority (474 votes), was opposed by the Spanish Conservatives, Ciudadanos, and UPyD. However, in May 2019, the European Tribunal for Human Rights ruled against the appeal filed in 2016 by prisoner Gorka Fraile against his dispersal 700 km away from his family while undergoing cancer treatment; the tribunal stated that the dispersal policy is justified and sanctioned by Spanish law and interference with his family life would be justified by a higher end, i.e. "the prevention of disorder and crime and the protection of the rights and liberties of others", concluding next that Spanish Justice did not breach his fundamental rights.
  In March 2018, Etxerat reported the death of prisoner Xabier Rey in a Cadiz prison cell, 1050 km away from home, who was held 1st degree, i.e. incommunicado. The relatives' support association condemned the harsh conditions of his detention. It was followed by a rally in Pamplona mourning and denouncing his death attended by thousands.
  Following ETA's disbandment [2017], a wide number of jurists consulted in Spain advocated for an end to the dispersal policy in May 2018; however, at that point, the Spanish government refused to change its policy on the matter. The topic of ETA prisone
caption: Prisons where Basque National Liberation Movement prisoners are imprisoned (France).
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