Resolution CM/ResDH(2017)69
Execution of the judgments of the European Court of Human Rights
Twelve cases against Spain
(Adopted by the Committee of Ministers on 22 February 2017
at the 1278th meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
37496/04
IGUALL COLL
10/03/2009
10/06/2009
17122/07
MARCOS BARRIOS
21/09/2010
21/12/2010
15256/07
GARCIA HERNANDEZ
16/11/2010
16/02/2011
16096/08
ALMENARA ALVAREZ
25/10/2011
25/01/2012
23002/07
LACADENA CALERO
22/11/2011
22/02/2012
21460/08
VALBUENA REDONDO
13/12/2011
13/03/2012
49183/08
SERRANO CONTRERAS
20/03/2012
20/06/2013
5606/09+
VILANOVA GOTERRIS and LLOP GARCIA
27/11/2012
27/11/2012
26234/12
NIETO MACERO
08/10/2013
08/10/2013
18054/10
SAINZ CASLA
05/11/2013
05/11/2013
47530/13
PORCEL TERRIBAS AND OTHERS
08/03/2016
08/03/2016
61112/12
GÓMEZ OLMEDA
29/03/2016
29/06/2016
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 judgments transmitted by the Court to the Committee and to the violation of Article 6, paragraph 1 of the Convention established in these cases due to the lack of a public hearing before the courts of appeal, when they are called upon to decide on both factual and legal aspects of a criminal case; as well as to the violation of Article 6, paragraph 1, of the Convention established in the case of Serrano Contreras due to the excessive length of the criminal proceedings;
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 reports provided by the government indicating the measures adopted to give effect to the judgments, including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2013)36 and DH-DD(2016)1215-rev);
Welcoming, as regards the individual measures, the adoption by Spain of provisions introducing in its legislation the possibility – already recognised in the practice of the highest national courts – for the applicants to obtain the review of final court decisions when the European Court has found a violation of the Convention;
Noting, as regards the general measures, the amendments brought by Law No. 41/2015 of 5 October 2015 to the Code of Criminal Procedure, pursuant to which the courts of appeal are no longer competent to decide a case on the merits and must refer it back to the first instance court when they consider that there was an error in the assessment of the evidence by the latter;
Recalling that the question related to the excessive length of criminal proceedings is examined within the framework of the Moreno Carmona group of cases;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination thereof.
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