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Eta man appears in court in Belfast

Monday, 17 November 2008

A convicted Basque terrorist is to fight extradition back to Spain to face fresh charges, a court was told today.

Extradition proceedings against Inaki de Juana Chaos were launched before the Recorder's Court in Belfast after the 53-year-old surrendered for arrest by agreement.

He is understood to have been living in West Belfast since being freed from jail in Spain in August.

The Spanish authorities issued a European Arrest Warrant to the Police Service of Northern Ireland last Thursday for his arrest.

The ETA member is wanted for allegedly writing a letter to be read out in his name encouraging the continuation of the armed struggle for an independent Basque state.

He was released from prison in August after serving a lengthy sentence for his involvement in a bombing campaign in the 1980s during which 25 people died.

He was first released after 18 years in 2004 but then rearrested and ordered to serve another three.

Barrister Stephen Ritchie told Recorder Tom Burgess the arrest warrant states that on the day of his release on August 2 this year Mr Chaos gave an identified woman a letter to be read out in his name urging a continuation of the armed struggle.

He said it was contrary to Articles 27 and 28 of the Criminal Code in Spain.

He said the equivalent offence within the UK jurisdiction under the Terrorism Act of 2006 was the encouragement of terrorism.

There was legal argument over whether the Spanish offence carried the necessary three-year sentence required for automatic extradition.

Defence barrister Sean Devine told the court his client did not consent to extradition and would fight it.

He branded the documents provided by the Spanish authorities as a "fundamentally flawed arrest warrant", and added: "The Spanish Government have clearly made an error in law."

The Recorder ordered a brief adjournment for lawyers to consult over whether a bail application would be opposed.

It is understood the Spaniard has, through his Belfast lawyers, written to the Spanish authorities denying he had authorised anyone to speak on his behalf.

The Recorder said he was minded to grant bail but ordered the Spaniard be held in custody until the police had the opportunity to inspect the address which had been given to the court.

He said he would sit again either this evening or in the morning.

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