Alfonso Basterra has, according to information dated 16 September 2026, submitted a second application for ordinary prison leave. The prisoner is serving his sentence at Justizvollzugsanstalt Topas at the Provinz Salamanca. The new application is to be decided by the judge responsible for prison oversight (Juzgado de Vigilancia Penitenciaria); no approval or rejection had initially been reported.
The current application follows an unsuccessful procedure in spring 2026. At the end of March, the prison oversight judge initially granted Basterra four days’ leave. Following an appeal by the Public Prosecutor’s Office, the Audiencia Provincial de Salamanca overturned the decision on 8 May 2026. The provincial court cited the seriousness of the offence, the unserved remainder of the sentence and the prisoner’s failure to accept responsibility. Its reasoning set a clear standard for any further applications.
Basterra was sentenced in 2015 by the Audiencia Provincial de A Coruña to 18 years in prison. The court found that he had been involved in the 2013 murder of his twelve-year-old daughter, Asunta . The crime and trial attracted considerable public attention in Spain. Basterra is serving his sentence at Topas, having previously been held at other institutions.
In Spain, applications for ordinary prison leave are considered through a staged process, beginning with the institution’s treatment and assessment board (Junta de Tratamiento). The prison oversight judge then considers whether release is legally justified and consistent with the sentence plan. The Public Prosecutor’s Office may appeal against grants of leave. In serious violent and homicide cases, courts pay particular attention to the prisoner’s actual progress in custody, the time remaining to be served, the presence of risk factors, and signs of insight and acceptance of responsibility.
In practice, the new application does not mean an automatic relaxation of conditions. It opens a fresh review, in which the criteria already applied in May 2026 are likely to be central again. If the prison oversight judge grants leave, the Public Prosecutor’s Office could appeal again. Only a final court decision would set a specific date for a temporary release.
Editor: Mira Cadena (Article created with AI assistance).