The National Court has overturned a previous ban on semi-freedom for ETA member Gregorio Vicario Setién. This decision supports the Basque Government's approach to prison policy. The case highlights ongoing legal tensions over the treatment of former ETA members.
The National Court has ruled in favor of Gregorio Vicario Setién, a convicted ETA member, allowing him to regain semi-freedom after a months-long legal battle. The decision, delivered by three judges from the Second Section of the Criminal Chamber, reverses a previous order that had blocked Setién from leaving prison on weekdays to participate in volunteer work with a religious NGO. This marks a significant endorsement of the Basque Government's current penitentiary policy, which has faced repeated judicial challenges in recent months.
Setién, known as Santi, had been granted semi-freedom under Article 100.2 of the Prison Regulations by the Basque executive led by Imanol Pradales. However, in April, the measure was revoked by Judge María Reyes Jimeno, who cited insufficient documentation regarding Setién's activities outside prison and the absence of a written statement of remorse or apology to victims. The judge also pointed to a medium-high risk of reoffending and the lack of prior temporary release permits as reasons for her decision.
The National Court's latest resolution, which aligns with the position of the public prosecutor, finds that initial documentary shortcomings in Setién's file were later addressed and should not serve as a permanent barrier to semi-freedom. The judges emphasized that judicial oversight of Article 100.2 should focus on the substance of the reintegration program, not just formal paperwork. In Setién's case, the court found sufficient evidence of a structured, individualized, and supervised program, with clear activities and oversight mechanisms.
The court also dismissed concerns that the Basque Justice Department had acted against the recommendations of the prison's Treatment Board, noting that while the process could have been better managed, professional disagreement alone does not justify revoking semi-freedom. The judges further rejected the argument that Setién's reintegration plan was too generic, highlighting its specific framework, defined schedule, and the possibility of ongoing supervision by both prison authorities and the judiciary.
Importantly, the court clarified that the absence of previous temporary release permits should not automatically prevent the application of Article 100.2. Turning this into an absolute requirement, the judges warned, would create a circular barrier for inmates serving long sentences, effectively blocking any gradual progress toward reintegration. The gravity of Setién's crimes, including his conviction for the 1995 kidnapping of Cosme Delclaux and several murders, was acknowledged, but the court stressed that the seriousness of offenses cannot indefinitely exclude prisoners from reintegration measures.
Setién remains classified in second-degree (ordinary) prison status, which applies to the majority of inmates in Spain. The semi-freedom arrangement only allows for limited, scheduled, and supervised outings for specific activities. The court also noted positive factors in Setién's record, such as the absence of major disciplinary incidents, stable participation in prison activities, family support, no substance abuse issues, and ongoing payment of civil liabilities. These elements, while not erasing all concerns, were deemed sufficient to justify a gradual and reversible approach to semi-freedom.
The National Court is still considering similar appeals from other former ETA members, including Soledad Iparaguirre (Anboto) and Juan Ramón Carasatorre Aldaz (Zapata), whose semi-freedom measures were also revoked. The ongoing legal debate over the application of Article 100.2 reflects broader tensions between regional prison policies and national judicial oversight. For context, public and legal reactions to controversial decisions involving high-profile figures have previously stirred significant debate in Spain, as seen when a public punishment in Valle Salvaje triggered widespread discussion about justice and authority.
According to official data, Spain's maximum effective prison term is capped at 30 years, regardless of the total sentence length. Setién's original sentence exceeded 265 years, but his release date was recalculated after crediting time served abroad. The Basque Country gained authority over its prison system in 2021, making it the only Spanish region with such powers. This transfer has led to new approaches in managing inmates convicted of terrorism-related offenses, often resulting in legal disputes like the current case. The outcome of these cases may influence future policy and the balance between regional autonomy and national legal standards.
