Information Note on the Court’s case-law 8

July 1999

Millan I Tornes v. Andorra - 35052/97

Judgment 6.7.1999 [Section I]

Article 6

Civil proceedings

Article 6-1

Access to court

Authorisation of the State prosecution service to initiate appeal proceedings: settlement between parties

In 1995, the applicant was found guilty of aggravated concealment (of the body of a murder victim) and sentenced to 6 years’ imprison ment. He filed an appeal, but the judgment was confirmed by the Higher Court of Justice. The applicant then submitted a request to file an empara appeal before the Constitutional Court, which was rejected. He complains that the refusal by the State prosecu tion service deprived him of access to the Constitutional Court and maintains that the need for authorisation from the State prosecution service to initiate such appeal proceedings is contrary to Article 6 of the Convention.

The parties have informed the C ourt that they have signed an agreement with a view to reaching a friendly settlement on the basis that a law amending the Constitutional Court Act of 3 July 1993 has been adopted and came into force on 20 May 1999. That law affords defendants direct acces s to the Constitutional Court by way of an empara appeal without the need for prior authorisation from the State prosecution service. In addition, paragraph 2 of the transitional provisions of the law provides that anyone who had been refused leave by the State prosecution service to make an empara appeal could bring such an appeal to the Constitutional Court within 15 days after the date the law came into force.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

Click here for the Case-Law Information Notes