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| Version 4 | Version 5 |
|---|---|
| Court bails Eta extradition man | Court bails Eta extradition man |
| (about 18 hours later) | |
| A convicted Eta killer wanted by a Spanish judge has been released on bail by Belfast Recorders Court. | 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. | His lawyers told Belfast Recorder's Court a European arrest warrant issued against him was "fundamentally flawed" and that he would fight extradition. |
| De 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 de Chaos, who was released from a Spanish jail in August after being jailed in the 1980s for 25 murders. | |
| Interpol had been involved in efforts to locate him, and de 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 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 de Chaos appeared. | |
| Recorder Tom Burgess was told the arrest warrant states that on the day of his release, on 2 August, de 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. | 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 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. | "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." | "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 de 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. | "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. | But he also said there were many legal issues to be dealt with to see if an extradition can even go ahead. |