A Paris court has acquitted Josu Ternera of ETA membership charges from 2002–2005. This decision ends his legal battles in France and allows Spain to act on extradition orders. The case now shifts to Spanish jurisdiction.
In a dramatic turn in Paris, the Court of Appeal has acquitted José Antonio Urrutikoetxea, known as Josu Ternera, of belonging to ETA between 2002 and 2005. The ruling, delivered just after 14:00, was both unexpected and decisive, immediately removing the last legal obstacle to his extradition to Spain. For years, ongoing French proceedings had shielded the former ETA leader from being handed over to Spanish authorities. With this verdict, the path is now clear for Spain to enforce the European arrest warrants issued by Judge Santiago Pedraz.
The French public prosecutor had previously acknowledged that Ternera’s role in ETA during the period in question was not central to any attacks, and even highlighted his involvement in peace negotiations. As a result, the prosecution requested a five-year suspended sentence and a ban on remaining in France, rather than prison time. However, the court’s decision to fully acquit Ternera went further than anticipated, catching both sides by surprise and closing the last French case against him.
Ternera, who has been living in the French Basque Country under judicial supervision, had his extradition to Spain delayed by this final French case. He was previously convicted in absentia in 2010 for the same charges, but after his 2019 arrest in France, he successfully appealed for a retrial in his presence. His defense team consistently sought to prolong French legal proceedings to prevent his transfer to Spain, managing to restart the case from scratch. Following today’s acquittal, his lawyers declined to comment, but the verdict leaves them with no further recourse to the French Supreme Court, effectively ending their ability to delay extradition.
With the French legal process now concluded, only two options remain for Ternera: comply with extradition to Spain or attempt to relocate to another country, which would likely only postpone the inevitable given the lack of pending cases elsewhere. Just a month ago, the Paris court had already 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 this final French case, which has now been resolved.
Spanish authorities are seeking Ternera’s extradition to face two major charges: his alleged involvement in the 1987 attack on the Guardia Civil barracks in Zaragoza, which killed 11 people and injured 88, and accusations of financing ETA through the network of herrikotabernas. The resolution of his French legal battles means Spanish courts can now proceed with these cases without further delay.
This development comes amid a broader European context where judicial cooperation and extradition processes have become increasingly significant. The handling of high-profile cases, such as 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, the imminent return of Josu Ternera marks a pivotal moment in the country’s long-running efforts 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 a definitive end to its armed activity in 2011 and disbanding in 2018. The group’s legacy continues to shape Spanish politics and justice, with ongoing efforts to prosecute those accused of serious crimes. The extradition of figures like Ternera is seen as a crucial step in closing chapters of violence and ensuring accountability under Spanish law.