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)?
Full & Egal Universal Law Academy