PASCUAL GONZALEZ v. SPAIN
Doc ref: 24265/17 • ECHR ID: 001-175338
Document date: June 16, 2017
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Communicated on 16 June 2017
THIRD SECTION
Application no. 24265/17 Blanca PASCUAL GONZALEZ against Spain lodged on 24 March 2017
SUBJECT MATTER OF THE CASE
The application concerns the Audiencia Nacional ’ s refusal to increase the applicant ’ s compensation for her husband ’ s death as a result of a terrorist attack, on the ground that her husband was also a terrorist within the meaning of Article 8 par. 2 of the Council of Europe Convention on the compensation of victims of violent crimes of 24 November 1983 and Article 3 bis par. 2 of law, 29/2011, of 22 September 2011, on comprehensive recognition and compensation of victims of terrorism. This was determined in the absence of a previous criminal conviction.
QUESTION tO THE PARTIES
In the absence of a previous criminal conviction, were the reasons given by the Audiencia ’ s Nacional judgment for refusing to increase the applicant ’ s compensation compatible with the principle of presumption of innocence guaranteed by Article 6 par. 2 of the Convention (see, by way of comparison, Tendam v. Spain no. 25720/05 of 13 July 2010)?
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