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Spanish Supreme Court bans leftist Basque pro-independence lists of candidates

D3M (Democracy 3 Million) and Askatasuna are the lists affected by the Court’s decision · If the Constitutional Court of Spain does not reverse the decision, Basque pro-independence list will not be running elections for the Basque Parliament for the first time · UN Special Rapporteur warned few days ago that the Political Parties Act ‘might infringe fundamental rights’

Basque citizens will not be able to vote for any leftist pro-independence party in the regional elections of March 1. The Spanish Supreme Court issued the decision of invalidating Democracy 3 Million and Askatasuna, two pro-independence lists, yesterday. The political spectrum represented by the Basque pro-independence left, which is around 200,000 votes, will have no seats in the Parliament of the Basque Autonomous Community.

The Court argued that both political forces "are linked to ETA and Batasuna". As regards D3M, the Public Prosecution Office has declared that 84 out of 84 candidates running for the elections "have or have had links with Batasuna or other political forces which have also been banned", such as Basque Nationalist Action (ANV) or the Communist Party of the Basque Homelands (EHAK). According to the judiciary, these links "prove the support and protection" offered by Batasuna.

According to several sources, Askatasuna's prohibition has proved much more difficult to justify. The Supreme Court and the Spanish Government have assured that the party was founded by ETA in 1998 and that the Statutes are "very similar" to Batasuna's. Most of Askatasuna's candidates did not have a political career and had not been involved with formerly banned parties. The Supreme Court itself has stated that it was a "clean" list.

D3M and Askatasuna can appeal now to the Constitutional Court, which is to issue a decision before next Friday, the day the election campaign is to kick off. It is highly unlikely, though, that the Constitutional Court rules against the Supreme Court.

UN's criticism

Only last Friday several Basque media ((EiTB and Gara) issued a UN report which criticized the "vagueness" of the Spanish Political Parties Act and the lack of fair trial guarantees in court proceedings. UN Special Rapporteur on the promotion and protection of human rights and basic civil liberties while countering terrorism, Martin Scheinin, said that by means of Spanish legislation non-terrorist acts may be considered as terrorism. He also warned that any political party with political aims similar to those of ETA can be outlawed in Spain, even if goals are defended peacefully. Scheinin pointed out that banning a party "should be an exceptional measure".

Bombing in Madrid

A car bomb has gone off in Madrid this morning, just opposite the headquarters of one of the companies involved in the building of the high speed railway in the Basque Country. The bombing, which has caused no injures, is part of ETA's strategy to oppose the railway line that will connect Madrid to the Basque capitals.

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