The Fiscalía de la Audiencia Nacional has filed a constitutional complaint with the Juzgado Central de Vigilancia Penitenciaria appealed the decision by the Consejería de Justicia of the Gobierno Vasco to place former ETAofficial Henri Parot in the third degree (tercer grado) to be transferred. The Public Prosecutor’s Office describes the classification as premature and requests that the decision be reviewed and, if appropriate, its effect suspended.
In its submission, the Fiscalía expressly acknowledges the prisoner’s positive progress: his good conduct in custody, the correct application of flexible imprisonment under Article 100.2 (artículo 100.2) of the Spanish Prison Regulations, and the social and family support available to him. Nevertheless, it argues that the time elapsed since this flexible regime was applied is not yet sufficient to regard the conditions for a permanent partial release as established. A sufficiently long period of observation and testing under controlled conditions is required.
The third-degree classification was announced by the Basque justice administration on 9 September 2026. It was based on a report by the relevant treatment board, which found that Parot had made positive progress. Third-degree status in Spain allows for semi-open imprisonment, with extended leave and greater personal responsibility, but remains subject to conditions. Parot has been in custody since 1990, after being sentenced for numerous offences, including responsibility for the attack on the Guardia Civil barracks in Zaragoza in 1987, to a maximum term of 40 years in prison.
The decision has prompted immediate political and public reaction. Victims’ associations, including Covite, and representatives of conservative parties are calling for strict judicial scrutiny of the classification, pointing to the seriousness of the offences and the importance of the victims’ perspective. Supporters of the decision stress that the administration of sentences is bound by the rule of law and rehabilitation criteria, and that the prison authorities have made a professional assessment. The fact that responsibility for prisons in Basque institutions has rested with the Gobierno Vasco since 2021 is also relevant.
The Juzgado Central de Vigilancia Penitenciaria will now decide on the Public Prosecutor’s appeal. Under Spanish law, a relaxation of prison conditions is not automatically suspended; an express court order is required. The court may uphold, amend or overturn the Consejería de Justicia’s decision. The dispute over Parot’s tercer grado is thus moving from the administrative level to judicial scrutiny by the Audiencia Nacional.
Editor: Mira Cadena (Article created with AI assistance).