The introduction of a new legal provision in Spain has led to major changes in the penal enforcement system, particularly affecting former members of ETA. Following a review of sentence calculation rules in September 2024, several convicts were given the chance to be released earlier than originally scheduled. This decision sparked wide public debate and raised questions about the continued use of such measures.
As El Pais reports, former ETA leader Julen Atxurra Egurrola, known as Pototo and Erreka, walked out of Zamalla Prison (Álava) after a court recalculated his sentence to account for time spent in French prisons. The updated law allows sentences served for similar crimes in other EU countries to be counted—something that previously did not apply to sentences issued before August 2010. Now, this measure also covers such cases, which became a key factor in Pototo’s release.
Changes in the law
The reform, approved by all parliamentary factions, was the result of prolonged debate and pressure from various political and civic groups. The original 2014 law, adopted during the Mariano Rajoy government, included a restriction that prevented time served abroad from being applied to sentences handed down before a specific date. This exception impacted dozens of former ETA members who had already spent years in French prisons but were required to serve long additional terms in Spain.
The situation changed in 2024 when, during discussions of a new European directive on the exchange of criminal records, an amendment was introduced allowing sentence crediting for all such cases. According to El Pais, the initiative came from the Sumar party and was supported by all parliamentary groups, although it was not initially made public that it would specifically affect former ETA members. After the information was reported in the media, a political debate erupted, but the law was passed without changes.
Implementation in practice
In practice, recalculation of sentences is carried out upon request from the convicted individuals themselves. Judges at the National Court request detailed information from French authorities about the actual time served, including all sentence reductions and benefits granted in France. Only after receiving this information do they rule on possible release. According to El Pais, over the past year, more than 20 inmates from ETA and GRAPO have submitted such petitions, and four have already been released. In addition to Pototo, the released include Jon Mirena San Pedro, Balbino Sáenz Olarra, and José María Dorronsoro. A similar decision was also made for former GRAPO leader Manuel Pérez Martínez.
The reform has raised concerns among victims’ organizations. The Victims of Terrorism Association (AVT) warned that the new rules could affect up to 44 inmates, while Sare, a support platform for convicts, estimated the number of potential beneficiaries at 52. At the end of March 2026, 119 former ETA members remained in Spanish prisons, most of whom are held in the Basque Country.
Reaction and consequences
The introduction of new regulations has sparked intense debate in society and politics. Opponents of the reform point to the risk of early release for individuals convicted of serious crimes and to possible pressure on the judicial system. Supporters, however, emphasize the need to comply with European standards and the inadmissibility of double punishment for the same acts.
The issue of crediting prison terms for those convicted of terrorism has repeatedly sparked controversy in Spain. For example, in the past, the country’s Senate accused the government of violating the constitution in the course of migration amendments, which also provoked a strong public reaction and became a topic of media discussion, as shown in the analysis by russpain.com.
In recent years, Spain has repeatedly faced the need to revise its legislation regarding the enforcement of sentences, especially for individuals convicted of terrorism-related crimes. Such reforms are often accompanied by heated debates and require a balance between the rights of convicts and the interests of society. In 2023, similar changes were discussed for other categories of prisoners, but they did not receive broad support at the time. Experience shows that any steps in this direction inevitably provoke disputes and require thorough analysis of the consequences for the country’s legal system.
