The National High Court granted third degree and parole to Antonio Troitiño of ETA, imprisoned since 2017 when he was found guilty of integration into a terrorist organization. The prison surveillance judge, José Luis Castro, invokes “humanitarian reasons” to proceed with his release, since the convict suffers from an incurable cancer.
According to the order to which laSexta had access, the prosecutor requested the application of article 104.4 of the Troitiño prison regulations due to the seriousness of the cancer from which he suffers. In accordance with this precept, “critically ill convicts with incurable conditions, according to a medical report, may be independent of the variables involved in the classification process.” They can be classified in the third degree for humanitarian reasons and personal dignity, according to the difficulty of committing crimes and its low danger “.
Therefore, Judge Castro considers that Troitiño’s conditions only allow palliative care and prevent the ETA member from committing a crime again.
Sentenced for belonging to ETA
Troitiño, who was transferred in October from Estremera prison (Madrid) to Soria prison, has been in prison since May 2017 for five years and 11 months for belonging to a terrorist organization, a sentence handed down by the National Court for joining ETA in order to flee to London after being released by mistake in 2011.
His medical situation, the time he served his sentence, his age, 63, and the fact that ETA “has been defeated and declared its final end justify the assessment of non-recidivism”, declares the judge in his car “, without prejudice to the fact that the parole file” fixes “the rules of conduct and the measures making it possible to confirm and control this prognosis.
Despite the fact that the prosecutor’s report was favorable to Troitiño’s request, the order will not be executed until it has been final, that is to say until the expiry of the five-day period to make appeal, according to legal sources.
The judge recognizes that if the passage to the third degree of the detainee depended on his criminal history and his evolution from the point of view of the reintegration, “it would not be possible to grant it” because it “was not sufficiently favorable. “but supposes that” it must be appreciated the classification according to the state of health of the prisoner “.
Before fleeing to London in 2011, Troitiño spent 24 years in prison, serving sentences totaling 2,200 years for 22 murders in the 1980s, including the 1986 car bomb in Madrid’s Plaza de la República Dominicana that killed twelve civil guards.