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CASE OF IGUAL COLL AND 11 OTHER CASES AGAINST SPAIN

Doc ref: 37496/04, 17122/07, 15256/07, 16096/08, 23002/07, 21460/08, 49183/08, 5606/09, 26234/12, 18054/10, 4... • ECHR ID: 001-172122

Document date: February 22, 2017

  • Inbound citations: 61
  • Cited paragraphs: 4
  • Outbound citations: 0

CASE OF IGUAL COLL AND 11 OTHER CASES AGAINST SPAIN

Doc ref: 37496/04, 17122/07, 15256/07, 16096/08, 23002/07, 21460/08, 49183/08, 5606/09, 26234/12, 18054/10, 4... • ECHR ID: 001-172122

Document date: February 22, 2017

Cited paragraphs only

Resolution CM/ ResDH (201 7 ) 69 Execution of the judgment s of the European Court of Human Rights Twelve c ase s against Spain

(Adopted by the Committee of Ministers on 22 February 2017 at the 127 8 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

37496/04

IGUALL COLL

10/03/2009

10/06/2009

17122/07

MARCOS BARRIOS

21/09/2010

21/12/2010

15256/07

GARCIA HERNANDEZ

16/11/2010

16/02/2011

16096/08

ALMENARA ALVAREZ

25/10/2011

25/01/2012

23002/07

LACADENA CALERO

22/11/2011

22/02/2012

21460/08

VALBUENA REDONDO

13/12/2011

13/03/2012

49183/08

SERRANO CONTRERAS

20/03/2012

20/06/2013

5606/09+

VILANOVA GOTERRIS and LLOP GARCIA

27/11/2012

27/11/2012

26234/12

NIETO MACERO

08/10/2013

08/10/2013

18054/10

SAINZ CASLA

05/11/2013

05/11/2013

47530/13

PORCEL TERRIBAS AND OTHERS

08/03/2016

08/03/2016

61112/12

GÓMEZ OLMEDA

29/03/2016

29/06/2016

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgments transmitted by the Court to the Committee and to the violation of Article 6, paragraph 1 of the Convention established in these cases due to the lack of a public hearing before the courts of appeal , when they are called upon to decide on both factual and legal aspects of a criminal case; as well as to the violation of Article 6, paragraph 1 , of the Convention established in the case of Serrano Contreras due to the excessive length of the criminal proceedings;

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report s provided by the government indicating the measures adopted to give effect to the judgments , including the information provided regarding the payment of the just satisfaction awarded by the Court (see document s DH-DD(2013)36 and DH-DD(2016)1215-rev );

Welcoming, as regards the individual measures, the adoption by Spain of provisions introducing in its legislation the possibility – already recognised in the practice of the highest national courts – for the applicants to obtain the review of final court decisions when the European Court has found a violation of the Convention;

Noting, as regards the general measures, the amendments brought by Law No. 41/2015 of 5 October 2015 to the Code of Criminal Procedure, pursuant to which the courts of appeal are no longer competent to decide a case on the merits and must refer it back to the first instance court when they consider that there was an error in the assessment of the evidence by the latter ;

Recalling that the question related to the excessive length of criminal proceedings is examined within the framework of the Moreno Carmona group of cases;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination thereof.

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