The European Court of Human Rights has ruled against France in the case of former ETA leadership member Juan Ibon Fernandez Iradi, known as Susper. The court found that French authorities failed to provide him with necessary medical treatment during his imprisonment after he was diagnosed with multiple sclerosis. Nevertheless, the court did not find it necessary to order the prisoner’s release.
Susper, known as ETA’s “archivist,” is currently on partial release in the Basque Country. While imprisoned in France, he was diagnosed with an illness requiring ongoing medical supervision. The court noted that France had violated Article 3 of the European Convention on Human Rights, which prohibits torture and degrading treatment, as it did not provide the prisoner with the treatment prescribed by doctors.
Arrest History
Fernandez Iradi was detained in December 2002 in southern France. He managed to escape from a police station in Bayonne at the time but was later rearrested. A search found extensive internal ETA documentation in his possession, which enabled authorities to detain around 70 members of the organization. Susper was subsequently sentenced by a French court to three prison terms: two of 30 years and one of 15 years, which were combined into a single 30-year sentence, with at least 20 years to be served in custody.
In 2012, while in prison, he was diagnosed with multiple sclerosis. A year later, he filed a request to suspend his sentence due to his medical condition, but the French court denied it. Only in 2022, at his request, was he transferred to Martutene prison in San Sebastián to continue serving his sentence.
Court decision
The Strasbourg court ruled that France must pay Susper €10,000 in moral damages and €11,840 in legal costs. However, the judges stressed that this decision does not oblige France to release the inmate. In particular, they noted that Susper himself had not requested psychological assistance or insisted on alternative treatments, and his condition had not worsened to the point of requiring immediate release.
The court’s decision was made by a majority vote: six judges supported the complaint, one was against. Spanish judge María Elósegui expressed a dissenting opinion, disagreeing with the majority’s position.
Partial release and illness
Last year, the Basque Country authorities granted Susper third-degree prison status—partial release—considering the severity of his illness. He now continues to serve his sentence under milder conditions but remains under the supervision of penitentiary authorities.
Despite recognizing a violation of rights, the court found no grounds for the prisoner’s full release. The ruling states that although medical care was inadequate, it did not lead to a critical deterioration of Susper’s health.
In case you didn’t know, Juan Ibon Fernandez Iradi, known as Susper, was one of the key members of ETA in the early 2000s. His arrest and the seizure of documents played a crucial role in detaining dozens of the organization’s members. He is currently under monitoring in the Basque Country, and his case has set a precedent for the review of prisoners’ medical rights in Europe.
