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The Illegalisation of Basque Political Parties: Sortu’s Case

On Monday 7th February 2011 in an event hosted by Lokarri, Basque Citizen

Network For Agreement And Consultation, and with the presence of different areas of

the Basque society’s

representatives, the members of

the Abertzale Left, Rufi

Etxeberria and Iñigo Iruin

announced the statutes for the

creation of a new political party.

In those statutes the Abertzale

Left made a strategic

commitment to exclusively

peaceful ways and the accumulation of pro-independence forces. They announced that

such party would fully comply with the Political Parties Law.

On Tuesday 8th, February 2011, Sortu, the new political party, was publicly

presented. The party was defined by its promoters as “a party that seeks independence

through purely political and democratic ways, advancing towards the establishment of a

Basque state in the framework of the European Union.” They further rejected all violence

"categorically and without hesitation...including that of ETA."

They also stated that the project

“wants to respond to the new political

phase that is opening in Euskal Herria;

to the new hopes and aspirations of

Basque society, to build a new situation

of peace and democratic solution.”

On Wednesday, February 10,

morning Sortu presented its statutes in the register of the Ministry of Interior. They were

helped by Alex Maskey, Sinn Fein leader, and Bill Bowring, President of the European

 

 

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Association of Democratic Lawyers and Human Rights. Two important figures of the

international community that wanted to show their support to the new party and reclaim

its legalisation.

On the 16th February the Spanish Government applied the Political Parties Law

and decided not to register Sortu. The government’s legal services (Abogacía del

Estado) and the General Prosecutor (Fiscal General) took the case to the Supreme

Courts’ Special Court 61 (Sala Especial 61).

On the 16th February 40.000 took part in a demonstration in Bilbo for Sortu’s

legalisation.

On the 21st March 2011 the 61 Court-room held a hearing on the case and on the

23rd March the Supreme Court decided not to register Sortu, understanding that it was a

fraudulent succession of Batasuna.

The 1st April 2011 the Spanish Supreme Court released its written ruling for not

permitting the registration of the party. In an unprecedented move seven out of the 16

judges recorded a dissenting vote. However the decision was taken and Sortu was not

registered. The party contested the decision on the Supreme Court, but their request

was dismissed.

This decision made it impossible for the Party to run for the local and provincial

elections held on the 22nd May 2011 (the deadline for registered parties to enter the

electoral process was on the 6th April).

 

 

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Sortu appealed the decision on the Spanish Constitutional Court on 18th May.

The Constitutional Court, due to its nature, doesn’t have a deadline to release a ruling

on the case. However, and given the General Elections to be held on the 20th

November, once all parts had submitted their allegations, 21st September, Sortu’s

lawyer’s registered a special request for the ruling to be released before the deadline to

be present in the electoral process. (7th October for electoral coalitions).

This special request was unheard and the Sortu’s case has not been brought to

the Constitutional Court’s agenda until May 2012. But even if the case was in the

agenda it wasn’t treated. On this period the party wasn’t registered and couldn’t run for

elections or have any kind of organic activity.

On the 20th June 2012 Sortu was declared legal by the Spanish Constitutional

Court putting an end to a 15 month legal void. The promoters of Sortu appeared to

asses the ruling and announced the start of a constitution debate for this new pro-

independence political project, to be held by the grass roots of the Abertzale Left in

every town and neighbourhood.