Communicated on 16 June 2017

THIRD SECTION

Applications nos 33637/17 and 34083/17 Ismael BERASATEGUI ESCUDERO against Spain and Rufino ARRIAGA ARRUABARRENA against Spain lodged on 28 April 2017

SUBJECT MATTER OF THE CASE

The applications concern, firstly, the Supreme Court ’ s refusal to reduce the applicants ’ sentences of imprisonment on the basis of new case-law adopted by that court contrary to its previous approach [1] on the interpretation of the Council Framework Decision 2008/675/JHA [2] and, in particular, on taking into account a previous criminal conviction handed down and served in another EU Member State (in the instant case, France). This refusal implied the postponement of the applicants ’ final release.

The applications also concern the Constitutional Court ’ s decision declaring the amparo appeals partially inadmissible for non-exhaustion of previous judicial remedies [3] .

QUESTIONS tO THE PARTIES

1. Having regard to the Constitutional Court ’ s decisions declaring the amparo appeals lodged by the applicants partially inadmissible for non-exhaustion of previous judicial remedies, did the applicants have effective access to a court, as required under Article 6 § 1 of the Convention (see, by way of comparison, De la Fuente Ariza v. Spain , no. 3321/04, §§ 22-29, 8 November 2007?

2. Did the domestic courts ’ refusal to reduce the applicants ’ sentences of imprisonment [4] amount to a breach of Article 7 of the Convention (see, by way of comparison, Del Río Prada v. Spain [GC], no. 42750/09, §§ 91-93 and §§ 111-118)?

3. Is the applicants ’ imprisonment in breach of Article 5 § 1 of the Convention and, if so, from which date? ( see , by way of comparison, Del Río Prada v. Spain [GC], cited above, §§ 123-132)?

APPENDIX

No.

Application no.

Lodged on

Applicant

Date of birth

Place of residence

Represented by

33637/17

28/04/2017

Ismael BERASATEGUI ESCUDERO 15/06/1969

Villena

Onintza OSTOLAZA ARRUABARRENA

34083/17

28/04/2017

Rufino ARRIAGA ARRUABARRENA 04/04/1956

Sevilla

Onintza OSTOLAZA ARRUABARRENA

[1] See Supreme Court judgment of 13 March 2014 (STS no. 186/2014).

[2] Council Framework Decision 2008/675/JHA of 24 July 2008 on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings.

[3] I.e., for not filing a nullity plea as prescribed in Article 241 § 1 of the Organic Law on the Judiciary as regards the applicants’ complaint concerning the domestic courts’ refusal to seek a preliminary ruling from the Court of Justice of the European Union on the interpretation of the EU Framework Decision 2008/675/JHA.

[4] Concerning the first applicant, see, in particular, the Audiencia Nacional ’s decision ( auto ) of 9 June 2015 and the Supreme Court’s judgment of 25 February 2016 (STS no. 145 / 2016 ); concerning the second applicant, see, in particular, the Audiencia Nacional ’s decision ( auto ) of 9 June 2015 and the Supreme Court’s judgment of 22 December 2015 (STS no. 858 /2016).