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Court bails Eta extradition man | |
(about 1 hour later) | |
A convicted Eta killer wanted by a Spanish judge has been released on bail by Belfast Recorders Court. | |
Inaki de Juana Chaos, 53, is wanted on charges that he praised or supported terrorism in a letter read at a rally. | Inaki de Juana Chaos, 53, is wanted on charges that he praised or supported terrorism in a letter read at a rally. |
His lawyers told Belfast Recorder's Court a European arrest warrant issued against him was "fundamentally flawed" and that he would fight extradition. | |
Mr Chaos was ordered to post a £5,000 cash surety, observe a curfew and report daily to police by the court. | |
A lawyer for the Spanish authorities opposed the release of Mr de Chaos, who was released from a Spanish jail in August after being jailed in the 1980s over 25 murders. | |
Interpol had been involved in efforts to locate him, and Mr Chaos is believed to have arrived in Ireland earlier this year. | Interpol had been involved in efforts to locate him, and Mr Chaos is believed to have arrived in Ireland earlier this year. |
The Spanish authorities issued a European Arrest Warrant to the Police Service of Northern Ireland last Thursday. | The Spanish authorities issued a European Arrest Warrant to the Police Service of Northern Ireland last Thursday. |
Extradition proceedings against Mr de Chaos were launched before the court after he surrendered for arrest by agreement. | Extradition proceedings against Mr de Chaos were launched before the court after he surrendered for arrest by agreement. |
A number of protesters demonstrated outside the court | A number of protesters demonstrated outside the court |
A number of protesters, some opposing Eta and others supporting Basque independence, were waiting outside the Laganside Courts complex before Mr de Chaos appeared. | A number of protesters, some opposing Eta and others supporting Basque independence, were waiting outside the Laganside Courts complex before Mr de Chaos appeared. |
Recorder Tom Burgess was told the arrest warrant states that on the day of his release, on 2 August, Mr Chaos gave an identified woman a letter to be read out in his name urging a continuation of the armed struggle. | Recorder Tom Burgess was told the arrest warrant states that on the day of his release, on 2 August, Mr Chaos gave an identified woman a letter to be read out in his name urging a continuation of the armed struggle. |
A lawyer said this was contrary to Articles 27 and 28 of the Criminal Code in Spain. | A lawyer said this was contrary to Articles 27 and 28 of the Criminal Code in Spain. |
He said the equivalent offence within the UK jurisdiction under the Terrorism Act of 2006 was the encouragement of terrorism. | He said the equivalent offence within the UK jurisdiction under the Terrorism Act of 2006 was the encouragement of terrorism. |
There was legal argument over whether the Spanish offence carried the necessary three-year sentence required for automatic extradition. | There was legal argument over whether the Spanish offence carried the necessary three-year sentence required for automatic extradition. |
A defence lawyer told the court his would fight extradition. | A defence lawyer told the court his would fight extradition. |
He branded the documents provided by the Spanish authorities as a "fundamentally flawed arrest warrant", and that the "Spanish Government have clearly made an error in law". | He branded the documents provided by the Spanish authorities as a "fundamentally flawed arrest warrant", and that the "Spanish Government have clearly made an error in law". |
The court was told he has been in Northern Ireland for six weeks and that since then he has claimed benefits, enrolled in a local college, and that he had his wife want to build a new life in Northern Ireland. | The court was told he has been in Northern Ireland for six weeks and that since then he has claimed benefits, enrolled in a local college, and that he had his wife want to build a new life in Northern Ireland. |
The lawyer acting for the Spanish government opposed his release amid claims he would not turn up for a full hearing of the extradition case. | |
"He has been convicted of the most horrendous offences," he said. | |
"He is a member, certainly suspected of being a member, of the organisation known as ETA which is still as I understand it in conflict with the people of Spain. | |
"ETA terrorists are obviously trying to get independence for their country. It's not as if that situation has gone away." | |
Mr Burgess said he was minded to grant Mr Chaos bail because he had cooperated with court authorities. | Mr Burgess said he was minded to grant Mr Chaos bail because he had cooperated with court authorities. |
"It seems to me at all stages the requested person has not sought to absent himself from his attendance here today," he said. | |
But he also said there were many legal issues to be dealt with to see if an extradition can even go ahead. |