The Committee of Ministers, under the terms of Article 54
(art. 54) of the Convention for the Protection of Human Rights and
Fundamental Freedoms (hereinafter referred to as "the Convention"),
Having regard to the judgment of the European Court of Human
Rights in the Castells case delivered on 23 April 1992 and
transmitted the same day to the Committee of Ministers;
Recalling that the case originated in an application
(No. 11798/85) against Spain lodged with the European Commission of
Human Rights on 17 September 1985 under Article 25 (art. 25) of the
Convention by Mr Miguel Castells, a Spanish national, and that the
Commission declared admissible the complaint that his conviction
for proffering insults against the Government of Spain constituted
an unjust and discriminatory interference with his right to freedom
of expression;
Recalling that the case was brought before the Court by the
Commission on 8 March 1991 and by the Government of Spain on
21 March 1991;
Whereas in its judgment of 23 April 1992 the Court
unanimously:
- held that it had jurisdiction to consider the Government of
Spain's preliminary objection, but dismissed it;
- held that there had been a violation of Article 10
(art. 10);
- held that it was not necessary to consider the case also
under Article 14, taken together with Article 10 (art. 14+10);
- held that, as regards the non-pecuniary damage alleged, the
present judgment constituted sufficient just satisfaction for the
purposes of Article 50 (art. 50);
- held that the Kingdom of Spain was to pay the applicant,
within three months, 3 000 000 pesetas for costs and expenses;
- dismissed the remainder of the applicant's claims;
Having regard to the Rules adopted by the Committee of
Ministers concerning the application of Article 54 (art. 54) of the
Convention;
Having invited the Government of Spain to inform it of the
measures which had been taken in consequence of the judgment of
23 April 1992, having regard to Spain's obligation under Article 53
(art. 53) of the Convention to abide by it;
Whereas, during the examination of the case by the Committee
of Ministers, the Government of Spain gave the Committee
information about the measures taken in consequence of the
judgment, which information appears in the appendix to this
resolution;
Having satisfied itself that on 13 July 1992, within the time
limit set, the Government of Spain paid the applicant the sum
provided for in the judgment of 23 April 1992,
Declares, after having taken note of the information supplied
by the Government of Spain, that it has exercised its functions
under Article 54 (art. 54) of the Convention in this case.
Appendix to Resolution DH (95) 93
Information provided by the Government of Spain
during the examination of the Castells case
by the Committee of Ministers
The developments with regard to the status of the Convention
and of the case-law of the Convention organs over the last years,
in particular the judgments of the European Court of Human Rights,
in Spanish law, have led the Constitutional Court to conclude, in
1993, that "in accordance with Article 10, paragraph 2, of the
Spanish Constitution, the case-law of the European Court ... shall
constitute a criterion for the interpretation of the constitutional
norms which protect the fundamental rights" (judgment 303/93
of 25 October 1993). In this judgment, the Constitutional Court
also concluded that the jurisprudence elaborated by the European
Court of Human Rights was directly applicable in the Spanish legal
order. This case-law has been confirmed by the Constitutional
Court on numerous occasions.
In the light of these developments, the Supreme Court will
today accept the admissibility of the exceptio veritatis in
defamation proceedings, in conformity with the judgment of the
European Court of Human Rights, as an integral part of Spanish law.
Accordingly, the Government of Spain concludes that there is
no longer any risk of repetition of the violation found by the
Court in this case and that is has fulfilled its obligations under
Article 53 (art. 53) of the Convention.
Full & Egal Universal Law Academy