Resolution CM/ResDH(2022)143

Execution of the judgment of the European Court of Human Rights

Saquetti Iglesias against Spain

(Adopted by the Committee of Ministers on 10 June 2022 at the 1436 th meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

50514/13

saquetti iglesias

30/06/2020

30/09/2020

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation of Article 2 of Protocol No. 7 due to the applicant’s inability to have a higher court review the imposition of a fine for an offence which, although classified as administrative under domestic law, was of a criminal nature in the light of the criteria developed by the Court in its case law ( Engel criteria);

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government, indicating the measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)97 );

Noting with satisfaction that all the necessary individual measures were adopted, given that the Supreme Court reopened the proceedings with a view to allow the applicant to lodge an appeal in cassation against his conviction at first instance and that the Madrid High Court of Justice immediately took all necessary steps to ensure that the applicant had practical access to such appeal;

Noting also with satisfaction that following a legislative reform in 2015, which has made more flexible the criteria for access to appeals in cassation in proceedings similar to the one in the present case, and in accordance with the general guidance given by the Supreme Court in November 2021, this high court may now hear appeals in cassation and thus provide a second level of jurisdiction itself, where this is necessary to meet the requirements of Article 2 of Protocol No. 7;

Greatly welcoming the rapid reaction of the Spanish authorities, in particular the Supreme Court, in response to the judgment of the Court, as well as the fact that this high court has strongly, practically and effectively affirmed the responsibility of the national authorities to give full effect to their obligation to secure the rights and freedoms defined in the Convention and its Protocols;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.