Many people have been imprisoned, placed on remand, or otherwise kept in custody due to their illegal activity in support of the Basque National Liberation Movement (MLNV using its Spanish acronym).
Most individuals linked to the MLNV currently serving out their sentences in prisons of Spain, France and other countries were convicted for their involvement with Euskadi Ta Askatasuna (ETA) at the moment of their arrest, and for other offences such as murder, attempted murder, participating in terrorism and kidnapping. Some were convicted only for being a member of ETA, while others were not members of ETA but have been imprisoned for collaborating with it, or have been convicted of other offences such as belonging to illegal organizations like Gestoras pro Amnistía or SEGI, belonging to or trying to rebuild banned political parties such as Askatasuna and Batasuna, participating in Kale borroka, or for the "public glorification of terrorism", an offence incorporated into the Spanish Criminal Code in 1995.
Many supporters of the Basque nationalist left consider ETA and MLNV convicts currently in Spanish and French prisons to be political prisoners, the majority of whom are represented by the Basque Political Prisoners Collective (EPPK under its Basque acronym). Some organizations like Etxerat have spent many years campaigning for the rights of Basque prisoners, with a special focus on bringing dispersed prisoners back to the Basque Country and the release of seriously ill prisoners.
Since the late 1960s tens of thousands of MLNV activists have been detained, and several thousands of those imprisoned. Up until 2003 an estimated 30,000 activists had been arrested, 8,172 of whom were accused of being members of ETA, out of which 4,770 were convicted of a criminal offence and served a prison sentence. A notable convicted MLNV leader is former ETA-member Arnaldo Otegi, who was released in 2016 after six years in prison for attempting to re-establish the outlawed party Batasuna, despite having received conviction in an unfair trial. In addition, Otegi had been previously convicted of a number of offences including kidnapping, glorifying terrorism, and being an ETA member.
History The number of prisoners related to the Basque National Liberation Movement has varied over the years as can be seen in the following bar chart. It begins in 1978, after the amnesty of 1977, which made it illegal to bring to trial any Franco era crime, and also gave amnesty to all prisoners who had committed crimes with a political root during Franco's dictatorship and the Spanish transition to democracy.
The data for the bar chart comes from Etxerat, the association of family members of these prisoners, and the EPPK (Euskal Preso Politikoen Kolektiboa). However, some prisoners choose not to be part of Etxerat, or have been expelled, and so the number of Basque National Liberation Movement prisoners is approximately 7% more than these figures. For example, in 2005 Etxerat reported 507 prisoners were held in Spanish prisons, while the Spanish prison service stated that there were 544 related to ETA.
For consistency the Etxerat figures have been used in the bar chart.
Current situation According to Etxerat, as of February 2026 there were 70 people imprisoned due their activities in support of ETA or organizations linked to ETA. 69 were imprisoned in Spain and 1 in France. 12 were women. 33 additional people are under house arrest.
Dispersal policy
In 1989 the Spanish government began a policy of dispersal of Basque prisoners throughout Spain. This continued for 34 years until it was ended in 2023. The purpose of this policy was to restrict communication between ETA and its prisoners and to eventually reintegrate them into society. At the beginning some prisoners were even sent to North Africa and the Canary Islands, but during ETA's ceasefire in the late 1990s those prisoners were brought back to the mainland, and even after the ceasefire ended they were kept there. Several times prisoners were brought nearer to the Basque Country as a response to an ETA ceasefire. For example, in September 1999, 105 prisoners were sent to prisons nearer the Basque Country in response to ETA maintaining its ceasefire for over a year. However, prisoners were also sent further away in response to ETA violence.
The policy generally sent more dangerous or high ranking individuals to prisons furthest from the Basque Country. This policy has been seen as a great success by the Spanish government, especially in the light of the 2011 declaration by ETA of a permanent ceasefire. France took a similar approach, spreading their prisoners throughout the French prison system.
The families of the prisoners viewed this policy as punishing them, as they were forced to travel large distances to visit their imprisoned relatives. They argued that the distances they need to travel caused stress, was financially draining, and that every year there were accidents involving family members while traveling to or from prisons. There were many demonstrations calling for all these prisoners to be moved to prisons in the Basque Country. A highly publicised campaign called for this. Its slogan was "Euskal presoak- Euskal Herrira" ("Basque prisoners to the Basque Country"). It had widespread support within the Basque Country. Ill prisoners also regularly asked to be transferred to prisons in the Basque country.
Most of the main political parties in Spain rejected this idea, the exception being Podemos which wanted to see an end to the dispersal policy. Mariano Rajoy, the Prime Minister of Spain, said in 2011 that he would not consider ending the policy until ETA declares its disbandment. Interior minister Jorge Fernández Díaz confirmed the possibility of changing the dispersal policy was conditional on ETA's dissolution. In 2017 this was re-emphasized by the Interior minister Juan Ignacio Zoido who stated that the Spanish government would not end dispersion while ETA still exists. By contrast, the European Parliament condemned on 5 October 2017 dispersal policies applied within Europe for their damaging effect on prisoners' family life, as well as urging member states to revise the sentences of seriously ill prisoners on humanitarian grounds; the act, passed by a large majority (474 votes), was opposed by the Spanish Conservatives, Ciudadanos, and UPyD.
However, in May 2019, the European Tribunal for Human Rights ruled against the appeal filed in 2016 by prisoner Gorka Fraile against his dispersal 700 km away from his family while undergoing cancer treatment; the tribunal stated that the dispersal policy is justified and sanctioned by Spanish law and interference with his family life would be justified by a higher end, i.e. "the prevention of disorder and crime and the protection of the rights and liberties of others", concluding that Spanish Justice did not breach his fundamental rights. In March 2018, Etxerat reported the death of prisoner Xabier Rey in a Cadiz prison cell, 1050 km away from home, who was being held in incommunicado detention. The relatives' support association condemned the harsh conditions of his detention. It was followed by a rally in Pamplona mourning and denouncing his death attended by thousands.
Following ETA's disbandment, in 2017, a wide number of legal experts consulted in Spain advocated for an end to the dispersal policy. However, at that point, the Spanish government refused to change its policy on the matter. The same month that year, UPN, a regional party of Navarre, warned it would not endorse the Spanish government's national budget if it did not strongly commit to the dispersal policies of Basque prisoners. The topic of ETA prisoners was raised by Pablo Casado before and after his election in July 2018 as head of the Popular Party. The party used the victims of terrorism as a way of opposing the incoming Spanish premier Pedro Sanchez, PSOE, now in office, with Casado declaring they would "not put up with any prison transfer closer to home for any ETA prisoners", and would not accept "meddling with the memory of the victims". The party secretary Javier Maroto stated that the party would rally ETA victims onto the streets to protest against any attempt to transfer these prisoners close to the Basque Country.
EPPK
Euskal Preso Politikoen Kolektiboa (EPPK) is a collective which speaks and negotiates for, and has as members the majority of these prisoners.
Originally this role was played by La Comisión Pro Amnistía and La Gestora Pro Amnistía, both of which were dissolved after the general amnesty in 1978. In 1979 Gestoras pro Amnistía was created to take their place. After this was made illegal in 2001 Askatasuna took on the role, but was itself made illegal in 2002. In 2008 twenty-one members who had run Gestoras pro Amnistía were imprisoned for between 8 and 10 years each. In 2011 the former head of Askatasuna, Oihana Agirre was given a 12-year sentence.
Since the illegalization of Askatasuna the EPPK and Etxerat have spoken for the prisoners and campaigned for amnesty to be granted to them. The EPPK is said to control prisoners strictly and demand they follow its orders. Prisoners who refuse orders from the EPPK have been ostracized.
It is thought there are broadly 2 groups within the prisoner population. One group has long sentences yet to serve, who would prefer a group negotiation for amnesty. The other group consists of prisoners with less time to serve before being released, and they might be interested in applying for better conditions or for limited release.
In 2012 the EPPK was criticized by former prisoners for insisting on amnesty for all prisoners and denying many prisoners the option of improving their own situation through other legal means. In December 2013 the EPPK announced that it was dropping its long standing demand for amnesty of all prisoners, and so opened the door for prisoners to negotiate individually for better conditions.
However, in July 2014 it was reported that no member of the EPPK had begun individual negotiations, and it was believed that the EPPK was still following an alternative strategy.
Hunger strikes There have been many hunger strikes by Basque prisoners. None have led to the death of a prisoner.
Here is a list of some of them: In June 1974 thirteen prisoners in Basauri prison began a hunger strike. It lasted 13 days. In September 1974 one prisoner in Zaragoza prison took part in a 16-day hunger strike and was hospitalized. In October 1974 thirteen prisoners in Basauri prison began another hunger strike. In December 1974 six prisoners took part in a hunger strike in Zaragoza prison. In September 1976 twelve prisoners began a hunger strike in Burgos prison to protest at the conditions of the prison and their treatment. In December 1976 eleven prisoners began another hunger strike in Burgos prison. In August 1977 seven prisoners from Carabanchel and Martutene prisons took part in a hunger strike. In May 1978 nine prisoners held in Pamplona prison held a 17-day hunger strike. It was to support the Pro-Amnesty week, and demand a general amnesty. In October 1980, 43 prisoners took part in a hunger strike to complain about harsh treatment in the prisons of Soria and Zamora. In February 1981, 108 prisoners in Carabanchel prison began a hunger strike in protest at the torturing to death of fellow inmate Joxe Arregi. In September 1982, 74 prisoners in Puerto Santa Maria prison began a hunger strike. In February 1984, two prisoners in Fresnes prison, in France held a month-long hunger strike. In June 1986 almost 100 prisoners held in Herrera de la Mancha prison took part in a hunger strike to demand amnesty. In November 1987 over 100 prisoners from six prisons declared a hunger strike to protest "against the repression of the Basque people, and for political negotiations".