Since the Sánchez government negotiated with the PNV to transfer prison management to the Basque Executive in October 2021, Article 100.2 of the Penitentiary Regulations has been utilized to allow more flexibility in prisoner release. This change has particularly benefited members of ETA, enabling them to leave prison on a daily basis and, in some cases, spend weekends at home as a precursor to moving to open prison conditions. According to official data from the Department of Justice, now managed by the PSE, the application of this regulation has overwhelmingly favored ETA inmates, with 85% of the resolutions under Article 100.2 pertaining to them since the Basque government's assumption of penitentiary powers.

Official figures indicate a clear trend that the vast majority of the 100.2 applications have been granted to ETA members, highlighting a significant shift in how the Basque government manages the incarcerated population. Data revealed in a May 2025 response to PP parliamentarian Santiago López indicates that nearly nine out of ten times this flexibility mechanism has been activated, it has been in favor of ETA prisoners. This trend raises questions about the motivations behind such leniency and the implications for the perception of justice in Spain, especially relating to those convicted of terror-related crimes.

As the debate continues over the appropriateness of these measures, various political factions are scrutinizing the implications of such a high percentage of ETA members benefiting from early release. The PSE's management of this process may influence public perception and political dynamics in the region, as certain groups argue that the leniency shown towards ETA prisoners reflects an unsettling trend in Spain's ongoing reconciliation efforts within its complex political landscape after years of violence and separatist struggles.