A BELFAST judge has approved the extradition of a Basque separatist to his home country for allegedly glorifying terrorism.
Lawyers for Eta member José Ignacio de Juana Chaos were told he will be sent from Northern Ireland to face prosecution in Spain unless they can overcome a legal bar to having the procedure halted.
Mr de Juana Chaos, who served a prison sentence for involvement in 25 murders, is being sought over the contents of a letter read out at a rally in San Sebastian last August.
The message was allegedly read out in his name, with the charge against him heavily dependent on the Basque phrase aurrera bolie, which translates literally as “kick the ball forward”.
He faces the possibility of a two-year jail sentence if convicted of the public justification of terrorist actions which caused humiliation and intensified the grief of victims and their relatives.
Last year, Spanish authorities issued a European arrest warrant to the Police Service of Northern Ireland. Mr de Juana Chaos had moved to the North after staying in Dublin for some time.
His legal team argued that the warrant issued against him was vague about what was actually said and as a consequence was defective. They also claimed extradition could not be covered by the alleged offence because there was no equivalent crime in UK law under the Terrorism Act.
Judge Tom Burgess, the Recorder for Belfast, accepted that the expression formed the lynchpin of the Spanish authorities’ case. Part of his decision centred on whether the words could constitute an offence under the 2006 Act if used in the UK.
He set out how the requesting state explained that the phrase was used in letters among Eta members as an expression of encouragement and continuity in their terrorist activities.
Judge Burgess said: “Taking into account the matters and decisions on the meanings that may be attributed to terms in the letter, the context of the meeting and the context of the Eta campaign, I have decided that given the meanings attributed to the statements such words could properly fall to be considered as an offence under section one of the 2006 Act.
“Therefore, the alleged offence is an extraditable offence for the purposes of the 2003 Act.”
With the judge also confirming that Mr de Juana Chaos can be classed as an accused person for the purposes of the legislation, he said that Spain had satisfied all preliminary issues on the warrant.
He added: “It is now the responsibility of the court to turn to any bar that might be exercised in favour of the requested person under the provisions of the 2003 Act. Unless such a bar is available to the requested person the 2003 Act requires me to extradite him to Spain in respect of the alleged offence.”
Edward Fitzgerald QC, for Mr de Juana Chaos, said the move would be contested on human rights and procedural grounds.
Mr de Juana Chaos denies being the letter’s author, was granted continuing bail while the case continues. Mr Fitzgerald dismissed any fears that he may flee by telling the court: “It would be utter folly for him to go anywhere.
“He’s someone who is a recognisable figure, who is living here with his wife and has really no incentive to go on the run rather than resolving this matter legally.”
A two-day hearing when his lawyers will attempt to stop the extradition will take place in May.