MUGURUZA BARTOLOME AND BARTOLOME LLAMAZARES v. SPAIN

Doc ref: 68291/17 • ECHR ID: 001-183959

Document date: May 25, 2018

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MUGURUZA BARTOLOME AND BARTOLOME LLAMAZARES v. SPAIN

Doc ref: 68291/17 • ECHR ID: 001-183959

Document date: May 25, 2018

Cited paragraphs only

Communicated on 25 May 2018

THIRD SECTION

Application no. 68291/17 Ane MUGURUZA BARTOLOME and Elena BARTOLOME LLAMAZARES against Spain lodged on 1 September 2017

SUBJECT MATTER OF THE CASE

The application concerns the domestic authorities ’ refusal to increase the applicants ’ compensation for their relative ’ s death as a result of a terrorist attack, in application of Article 8 § 2 of the Council of Europe Convention on the compensation of victims of violent crimes of 24 November 1983 and Article 3bis § 2 of law 29/2011, of 22 September 2011, on comprehensive recognition and protection of victims of terrorism, on the ground that this relative had belonged to a terrorist organization. This was determined in the absence of a previous criminal conviction.

QUESTION tO THE PARTIES

Were the reasons given by the domestic authorities for refusing to increase the applicants ’ compensation in the absence of a previous criminal conviction compatible with the principle of presumption of innocence guaranteed by Article 6 § 2 of the Convention (see, by way of comparison, Tendam v. Spain , no. 25720/05, 13 July 2010)?

ANNEX

N o

Firstname LASTNAME

Birth year

Nationality

Place

of residence

Representative

Ane MUGURUZA BARTOLOME

1989Spanish

Bilbao

I. Altuna Goirizelaia

Elena BARTOLOME LLAMAZARES

1958Spanish

Bilbao

I. Altuna Goirizelaia

LEXI

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