The facts

On April 6, 2021, the works that TEX had to carry out began to be carried out, and on April 8, about 20 people approached to prevent them. According to the indictment, this group broke the signs of the work, stole the keys to a Dumper machine, placed them in front of the machines, preventing them from working, and subjected the workers to insults and threats. Also on the evening of that day they went back to the works, put up a banner and sat on the shovel of the excavator to prevent the works.

Also during the other days until April 23, several groups of citizens carried out eleven actions to stop the works, mainly putting them in front of the machines and hindering their work. But in addition to these, there were other actions that could be considered minor sabotage: wheel drilling, painting of cars and machines, capping of machine locks, theft of license plates, cornering machines and so on. On April 16, a crusade was formed in the works area and during the weekend hundreds of people came to Baztan to show their support for the obstruction of the works. As a result, TEX informed Palacio de Arozteguia SL that it would not continue with the works.

Accusations and Criminal Claims

It's two accusations. On the one hand, the formation of a criminal group, for which they are required to be sentenced to one year in prison and to be banned from being elected to public office at the same time. On the other hand, the crime of coercion or violence, with a prison sentence of 22 months. With a sentence of more than two years, they would go directly to prison, and not with the one below, because they have no criminal record. In addition, 41,000 euros in compensation payable to TEX and Explotaciones Forestales Queipo.

Did the works stop or the whole project?

This is the most important key in this matter. The particular accusation – Palacio de Arozteguia – constantly tries to indicate that the defendants not only stopped the works, but also stopped the entire project of the Carpinteria, which has caused them immense economic damage: 46 million euros.

That is why, in 2021, he made a request to the governments of Navarre and Spain for compensation of 43 million euros. The request is based on the fact that both governments needed to protect the works and neither the Foral nor the Civil Guard did anything to protect the workers and that a legal project could continue. The request was rejected by the Government of Navarre, and the Palace of Carpinteria took it to court. The nature of this procedure is not public at this time, but it is likely to be clarified at trial.

In any case, the Carpinteria Palace has a vital interest in punishing the defendants in the direction set by the particular accusation. This would prove that the damage done in that month of April had paralysed the project, which would make it much easier to move forward in the compensation procedure requested from both Governments.

There is therefore an indemnity of EUR 43 million at the heart of the case. If the Governments did not pay this compensation, the Carpinteria Palace would have the opportunity to back up the defendants. In the negotiations that took place, the Carpinterians were prepared to withdraw the accusation of the criminal group, and also to never demand compensation from the defendants, but they need a severe punishment to later patriarchal the 43 million.

In the particular indictment, the arguments in favour of damaging the entire project are very clear, but the prosecution’s indictment makes no such reference and only mentions that the works were stopped as a result of all the acts committed by the defendants.

Palacio de Aroztegui has until 2039 to continue with the project, but at the moment he has not made any attempt to restart the works.

The criminal group

In the Basque Country, accusations against the criminal organization or association have been frequent, mainly accused under the “everything is ETA” scheme. But since 2011, this type of crime has undergone changes that, among other things, created the concept of a criminal group to be able to prosecute lighter crimes. That is one of the accusations in this case. The concept is not at all exhaustive, but it must include components such as being a team, staying in time, having precise leaders, hierarchical organization, having clear intentions to commit the crime... and in the demands of the particular indictment, the effort to link the defendants with such characteristics is clearly seen.

At no time is it said who this criminal group is, but in the writings of the accusations, especially in the private one, there is a constant mention of the Carpentry and then what association. Whether they are leaders or leaders in this type of organization, they accuse Garbiñe Elizegi of being the main leader, and they consider Lagunane Ariztegi and Itziar Torres to be his deputies. The other four would follow the orders of their predecessors. The carpentry and then what association was legally structured, so it has the NIF, and one of its main functions was to be able to participate in legal proceedings against the Carpentry project. He's already missing.

This is the first time that the criminal group’s accusation has been used in such a case. The session is not in vain and can be a precedent for the election of many other groups dedicated to environmental protection. Similar allegations have also been made in various parts of Europe, particularly in France, to various environmental defence groups.

The crime of coercion

In this case, according to the accusations, as a result of the actions carried out by the defendants, the workers of the works had to stop the works against their will, which they did both by exposing themselves to the machines and by means of sabotage and threats to the workers, the accusation says "with force". There are two types of crimes here, those committed with light violence (putting yourself in front of machines...) and/or more severe crimes (punctures of wheels...).

Palacio de Arozteguía accuses the defendants of two types of crimes, but at least for the moment without presenting evidence to that effect, especially in cases of sabotage. They will try to prove them through witnesses. It will not be easy, but with these constant references and accusations, they link the case and the defendants to an atmosphere of violence. The Prosecutor has been much more cautious and accuses the defendants of obstructing the machines, but not of harsher sabotage, and clearly states that these were committed by unknown persons.

The defendants, for their part, admit that they stood in front of the machines and participated in the crusade, which they did to prevent the beginning of the works. They did all this publicly, legally visible in many media in those days; they are also willing to make up for it. In other words, they assume the classic disobedience and are willing to make reparations for this practice, but not other sabotages or the composition of the criminal group.

The mass media

It is curious that the prosecutor’s office and the private prosecution read about the work of some media. These events of 2021 appeared in numerous media outlets: paper, internet, television, radio, written and/or audio-visual news. Well, in a very clumsy reading, according to both accusations, many of them are propaganda of the actions of the accused – as a criminal group – in the networks. And several news in video format offered by Ahotsa.info and Xaloa Televisión that mention them as examples. In some of them the confusion is very evident, for example in the news Ahotsa.info “The works of the project Carpinteria de Legar have been stopped”. The defendant Lagunane Ariztegi is interviewed there and together with her voice, the images show a group sitting in front of the excavator. In their interpretation Ariztegi would be a narrator and not interviewed.

This is a long and complex matter of 25 years, and there are many keys to understanding it well. Most of them are dealt with in this Larrun from February of last year, which deals in depth with the subject.