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CASE OF CASTELLS AGAINST SPAIN

Doc ref: 11798/85 • ECHR ID: 001-55686

Document date: June 7, 1995

Inbound citations: 6
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Cited paragraphs: 0
•
Outbound citations: 0

CASE OF CASTELLS AGAINST SPAIN

Doc ref: 11798/85 • ECHR ID: 001-55686

Document date: June 7, 1995

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54

(art. 54) of the Convention for the Protection of Human Rights and

Fundamental Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human

Rights in the Castells case delivered on 23 April 1992 and

transmitted the same day to the Committee of Ministers;

Recalling that the case originated in an application

(No. 11798/85) against Spain lodged with the European Commission of

Human Rights on 17 September 1985 under Article 25 (art. 25) of the

Convention by Mr Miguel Castells, a Spanish national, and that the

Commission declared admissible the complaint that his conviction

for proffering insults against the Government of Spain constituted

an unjust and discriminatory interference with his right to freedom

of expression;

Recalling that the case was brought before the Court by the

Commission on 8 March 1991 and by the Government of Spain on

21 March 1991;

Whereas in its judgment of 23 April 1992 the Court

unanimously:

- held that it had jurisdiction to consider the Government of

Spain's preliminary objection, but dismissed it;

- held that there had been a violation of Article 10

(art. 10);

- held that it was not necessary to consider the case also

under Article 14, taken together with Article 10 (art. 14+10);

- held that, as regards the non-pecuniary damage alleged, the

present judgment constituted sufficient just satisfaction for the

purposes of Article 50 (art. 50);

- held that the Kingdom of Spain was to pay the applicant,

within three months, 3 000 000 pesetas for costs and expenses;

- dismissed the remainder of the applicant's claims;

Having regard to the Rules adopted by the Committee of

Ministers concerning the application of Article 54 (art. 54) of the

Convention;

Having invited the Government of Spain to inform it of the

measures which had been taken in consequence of the judgment of

23 April 1992, having regard to Spain's obligation under Article 53

(art. 53) of the Convention to abide by it;

Whereas, during the examination of the case by the Committee

of Ministers, the Government of Spain gave the Committee

information about the measures taken in consequence of the

judgment, which information appears in the appendix to this

resolution;

Having satisfied itself that on 13 July 1992, within the time

limit set, the Government of Spain paid the applicant the sum

provided for in the judgment of 23 April 1992,

Declares, after having taken note of the information supplied

by the Government of Spain, that it has exercised its functions

under Article 54 (art. 54) of the Convention in this case.

Appendix to Resolution DH (95) 93

Information provided by the Government of Spain

during the examination of the Castells case

by the Committee of Ministers

The developments with regard to the status of the Convention

and of the case-law of the Convention organs over the last years,

in particular the judgments of the European Court of Human Rights,

in Spanish law, have led the Constitutional Court to conclude, in

1993, that "in accordance with Article 10, paragraph 2, of the

Spanish Constitution, the case-law of the European Court ... shall

constitute a criterion for the interpretation of the constitutional

norms which protect the fundamental rights" (judgment 303/93

of 25 October 1993). In this judgment, the Constitutional Court

also concluded that the jurisprudence elaborated by the European

Court of Human Rights was directly applicable in the Spanish legal

order. This case-law has been confirmed by the Constitutional

Court on numerous occasions.

In the light of these developments, the Supreme Court will

today accept the admissibility of the exceptio veritatis in

defamation proceedings, in conformity with the judgment of the

European Court of Human Rights, as an integral part of Spanish law.

Accordingly, the Government of Spain concludes that there is

no longer any risk of repetition of the violation found by the

Court in this case and that is has fulfilled its obligations under

Article 53 (art. 53) of the Convention.

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