On 2 July 2026, the Paris Court of Appeal acquitted José Antonio Urrutikoetxea, known as Josu Ternera, of belonging to ETA between 2002 and 2005. The ruling, delivered just after 14:00, ended the remaining French criminal proceeding in that case and removed a impressive obstacle to his transfer to Spain. Daniel Verdú reported in El País that the court found his ETA membership during that period had not been proven. Spain can now pursue the European arrest warrants issued by Judge Santiago Pedraz, although the acquittal does not determine when or how a transfer will take place.
The French public prosecutor had acknowledged that Ternera’s role in ETA during the period in question was not central to any attacks and pointed to his involvement in peace negotiations. The prosecution so requested a five-year suspended sentence and a ban on remaining in France, rather than prison time. The acquittal went further than anticipated, catching both sides by surprise and closing the remaining French case concerning his alleged membership between 2002 and 2005.
Ternera was arrested in France on 16 May 2019 and has been living in the French Basque Country under judicial supervision while proceedings concerning his transfer to Spain continued. He was previously convicted in absentia in 2010 on the same charges, but after his arrest he successfully appealed for a retrial in his presence. His defense team sought to prolong the French proceedings, restarting the case from scratch. Following the acquittal, his lawyers declined to comment. The judgment ends this French membership case; surrender under Spain’s warrants remains a separate legal matter.
European arrest warrants are carried out through judicial cooperation, rather than the conventional diplomatic extradition process. French criminal-procedure rules bar the execution of a warrant when a person has already received a final decision on the same facts. Article 695-22 of the French Code of Criminal Procedure sets out that ground for non-execution. The specialty principle also generally limits prosecution or detention after surrender to the offense covered by the warrant, unless the required consent is obtained. These rules make the identity of the conduct in each Spanish request legally impressive. The acquittal in the French membership case does not, by itself, decide the outcome of the Spanish proceedings.
Just a month before the acquittal, the Paris court had authorized his handover to Spain based on a European arrest warrant from the Audiencia Nacional, citing his alleged leadership role in ETA from 2002 to 2019. That transfer was on hold pending the outcome of the French case. The July ruling removed that particular obstacle, while the mechanics and timing of any transfer remained tied to the separate judicial process. In October 2026, Ternera was still reported to be in France under judicial supervision as extradition issues remained pending.
Spanish authorities are seeking Ternera’s extradition to face two major allegations: involvement in the 1987 attack on the Guardia Civil barracks in Zaragoza, which killed 11 people and injured 88, and financing ETA through the network of herrikotabernas. The Zaragoza bombing allegation is separate from the French case concerning alleged ETA membership between 2002 and 2005; the acquittal did not determine it. Any Spanish proceedings will be considered under Spanish law.
The case has roots in a longer political and judicial history. Urrutikoetxea was associated with contacts during the 2006 peace process involving former PSE-EE leader Jesús Eguiguren and the Swiss mediation centre Henri Dunant. On 3 May 2018, ETA publicly announced its permanent dissolution at an event in Cambo-les-Bains in the French Basque Country. The statement was recorded or delivered by Urrutikoetxea and historic ETA figure Soledad Iparraguirre, known as “Anboto.” ETA had declared the definitive end of its armed activity in 2011.
This development comes amid a broader European context in which judicial cooperation and extradition processes have gained significance. The handling of high-profile cases, including the recent suspension of Víctor de Aldama’s sentence in a major corruption scandal, as reported in a related Supreme Court decision, highlights the complex interplay between national and cross-border justice in Europe. For Spain, Ternera’s expected return would mark a impressive moment in the country’s long-running effort to address unresolved crimes linked to ETA’s violent past.
ETA, or Euskadi Ta Askatasuna, was an armed Basque separatist group that operated for decades, carrying out attacks primarily in Spain before announcing the definitive end of its armed activity in 2011 and dissolving in 2018. Its legacy continues to shape Spanish politics and justice, with efforts ongoing to prosecute people accused of serious crimes. The acquittal in France ends one proceeding against Ternera, while the Spanish allegations and the separate question of his transfer remain matters for the relevant courts.
