This is how Haizea Núñez, a lawyer at Gipuzkoa Zutik, describes the situation on which the Basque Government has relied to impose a fine on a member: "They were holding an assembly at the Plaza de Gipuzkoa. He asked one of the officers to identify him. He didn’t initially get his ID. When he got the ID, the gunmen came over him and took him to the arcades. Meanwhile, other gunmen turned to the Gorka Bereziartua journalist from LUZ, who was recording the incident, and tried to remove his cell phone. Another member of Gipuzkoa Zutik (who has been fined) was placed between the border guards and the journalist, insisting on the border guards that the other was a journalist. This member, who has now been fined, was beaten at that time by the border guards and Gorka Bereziartua stood next to the journalist until the border guards took the journalist to the arcades. This member of Gipuzkoa Zutik asked for the professional identification number of the gunman who hit him. The gunman did not give it to him, but this fellow from Gipuzkoa Zutik saw him and took note of him. This member walked to the lifeguard’s house after passing through a bar in the square looking for some gels. At no time was he asked to be identified.”

If they didn't identify him, how's the fine?

Both this recently fined colleague and journalist Bereziartua filed a complaint against the gunman who beat them the next day at the San Sebastián Guard Court. Núñez explains that the criminal procedure against the border guards is in progress: "The investigation is in progress, the investigation has not been completed. This gunman made a court statement and admitted that he did, that he was the one with that identification number and that it was shown in the images. He also admitted that he used his “defense” (porra) to “protect himself.”

Now, the fine comes to this member of Gipuzkoa Zutik who has launched the criminal procedure, in the words of lawyer Núñez "by chance, even if he was not identified at the time. In this fine, the police say that this member attacked the police, kicked them and fled. We must remember that no one asked him to identify himself and he walked to the lifeguard’s house after passing through a bar in the square. At no time did he ‘run away’ or run, as they say in the fine resolution.” The key is to know when the file that led to the fine was opened to him, to know whether it actually responds to the actions of that day or to conclude whether it is the one sent in response to the criminal procedure initiated by this member against the border guard. In fact, the police have a period of one year with the current Gag Law to carry out the actions and impose fines for them.

"Political motivation" in the amount of the fine (900 euros)

The fine imposed on the member by the Department of Security of the Basque Government, which is responsible for the resolution, is 900 euros. Núñez explains that "the violation of Article 36.6 (resistance, disobedience or non-identification) of the Mozal Law is what has been sanctioned. But the minimum fine against this is 602 euros and the fines must be proportional. They are not arguing for a fine of 900 euros." Núñez sees a double explanation for this fine: "First of all I see that it is part of the defence strategy of the border guards for the ongoing criminal procedure, but given the amount of the fine, I also see political motivation. They seek to raise money and demobilize, to burn society. It takes a lot of work to face fines, and we take the time we spend on that work away from what is really important, fighting the incinerator project and the model of life they want to impose on us."

Ready to go to trial

The lawyer of Gipuzkoa Zutike announces that they will "go through the entire administrative route" and that if this is exhausted, they "intend to go before the judge": "We will defend in all cases that the attack was carried out by the gunman."

9,000 euros in fines.Solidarity at the Debt Festival

Núñez acknowledges that it is not possible to know exactly if the members identified by the border guards so far will be fined and how much each one will be. But Gipuzkoa Zutike, just in case, has begun to collect the common bag of 9,000 euros. One way to contribute will be to participate in the "Incinerator Debt Party" that will take place on Saturday in Hernani.