Communicated on 25 March 2020 Published on 25 May 2020

THIRD SECTION

Application no. 44799/19 Ignasi CENTELLES MAS and Others against Spain lodged on 14 August 2019

SUBJECT MATTER OF THE CASES

The application concerns the applicants ’ criminal conviction by the Tarragona Court of Appeal ( Audiencia Provincial ) for negligent manslaughter and offence against the rights of workers, after they had been acquitted in the first instance court .

QUESTION TO THE PARTIES

Did the applicants have a fair trial in the determination of the criminal charges against them, in accordance with Article 6 § 1 of the Convention? In particular, was the applicants ’ conviction by the Audiencia Provincial of Tarragona, after acquittal by the first instance court, compatible with the requirements of Article 6 § 1 of the Convention and the principle of immediacy, considering that the conviction was based on the alleged reconsideration of the facts established by the first instance court without direct examination of evidence by the Audiencia Provincial (see, among others, Igual Coll v. Spain , no. 37496/04, §§ 27, 35-37, 10 March 2009; Găitănaru v. Romania , no. 26082/05, § 24, 26 June 2012; Camacho Camacho v. Spain , no. 32914/16, § 34, 24 September 2019)?

APPENDIX

No.

Applicant ’ s Name

Birth date

Nationality

Place of residence

1Ignasi CENTELLES MAS

01/04/1972

Spanish

Aldea

2Gerard FERRERES GASULLA

16/04/1975

Spanish

Els Reguers

3Gerard PLA CANALDA

18/05/1984

Spanish

Tortosa