2023-07-21 01:43:38
Madrid
Updated Friday, July 21, 2023 – 01:43
The National Court recently granted another jailed for Islamism 450,000 euros
Look at Itxaso Zaldua, in the trial at the National Court for the murder of Manuel Gimnez Abad.F. VillarEFEJudicio The Court acquits the ETA member accused of murdering the former president of the PP of Aragon Gimnez Abad Courts The Prosecutor considers it accredited that the ETA members ‘Ata’ and ‘Sahatsa’ were the perpetrators of the murder of Gimnez Abad in 2001
the etarra Miren’s Sea Knightacquitted of the murder of Manuel Gimnez Abad, you can claim compensation from the State for the three years you have spent in provisional prison. Last Tuesday, Sahatsa was released when the court concluded that there was insufficient evidence to consider her the author of the attack that in May 2001 ended the life of the then president of the PP of Aragon.
The sentence, which will be notified in the coming days, may still be appealed to the Supreme Court, but if it is not appealed or the High Court endorses the acquittal, Sahatsa will have the opportunity to file a claim for abnormal functioning of the Administration of Justice.
Traditionally this was a difficult path that rarely ended with compensation. But in 2019 the Constitutional Court opened its hand and established that any provisional prison that did not end in a conviction was compensable. Until then, those prisons that were justified by the presence of evidence of crime, even if there was no conviction at the end, were not compensated.
After the intervention of the Constitutional Court, the law currently establishes that those who are acquitted after having suffered pretrial detention will be entitled to compensation. […].
Three years of preventive detention
Sahatsa was arrested on this day in 2020, so on Tuesday, when she was released, she had three days left to serve three years in custody. A man imprisoned for Islamism was recently granted by the National Court 450.000 euros de indemnizacin por una preventive detention of casi tres ao.
These types of claims must be submitted to the Ministry of Justice, which usually rejects them or sets a very low amount. The decision can be appealed to the High Court and the Supreme Court. The amounts are not as bulky as in the case of the Islamist prisoner, which was a record. The determining factor is the diligence of the claimant to prove the damages suffered, for example by documenting the lost income.
In that ruling on the person acquitted of Islamism, the Court recalled that the criteria set by the Constitutional Court allow new cases to be entered, such as the one raised by the plaintiff, in which a certain damage is appreciated, which derives from the fact of the imprisonment that -agreed in accordance with the legal parameters- subsequently turns out to be an undue imprisonment as a result of the acquittal, unless the time spent in prison has been paid in another criminal case, which is not stated here.
The phrase is applicable to Sahatsa, who was only in prison for the murder of Gimnez Abad and the three years in prison will not be deducted from another sentence.
According to the criteria of The Trust Project
Know more
#acquitted #ETA #member #request #compensation #spending #years #provisional #prison