Communicated on 25 March 2020
Published on 25 May 2020
THIRD SECTION
Application no. 44799/19
Ignasi CENTELLES MAS and Others
against Spain
lodged on 14 August 2019
SUBJECT MATTER OF THE CASES
The application concerns the applicants’ criminal conviction by the Tarragona Court of Appeal (Audiencia Provincial) for negligent manslaughter and offence against the rights of workers, after they had been acquitted in the first instance court.
QUESTION TO THE PARTIES
Did the applicants have a fair trial in the determination of the criminal charges against them, in accordance with Article 6 § 1 of the Convention? In particular, was the applicants’ conviction by the Audiencia Provincial of Tarragona, after acquittal by the first instance court, compatible with the requirements of Article 6 § 1 of the Convention and the principle of immediacy, considering that the conviction was based on the alleged reconsideration of the facts established by the first instance court without direct examination of evidence by the Audiencia Provincial (see, among others, Igual Coll v. Spain, no. 37496/04, §§ 27, 35-37, 10 March 2009; Găitănaru v. Romania, no. 26082/05, § 24, 26 June 2012; Camacho Camacho v. Spain, no. 32914/16, § 34, 24 September 2019)?
APPENDIX
No.
Applicant’s Name
Birth date
Nationality
Place of residence
1
Ignasi CENTELLES MAS
01/04/1972
Spanish
Aldea
2
Gerard FERRERES GASULLA
16/04/1975
Spanish
Els Reguers
3
Gerard PLA CANALDA
18/05/1984
Spanish
Tortosa
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