Communicated on 16 April 2018
THIRD SECTION
Applications nos. 3087/17 and 9295/17
Maria Isabel ITURBE ABASOLO and Alaitz PEREZ DE ARENAZA ITURBE against Spain
and Ainhoa IJURCO ILLARRAMENDI and Others against Spain
lodged on 19 December 2016 and 19 January 2017 respectively
SUBJECT MATTER OF the CASE
The applications concern the domestic authorities’ refusal to increase the applicants’ compensation for their relatives’ deaths as a result of a terrorist attack, in application of Article 8 § 2 of the Council of Europe Convention on the compensation of victims of violent crimes of 24 November 1983 and Article 3bis § 2 of law 29/2011, of 22 September 2011, on comprehensive recognition and protection of victims of terrorism, on the ground that those relatives had belonged to a terrorist organization. This was determined in the absence of a previous criminal conviction.
QUESTION
In the absence of a previous criminal conviction, were the reasons given by the domestic authorities for refusing to increase the applicants’ compensation compatible with the principle of presumption of innocence guaranteed by Article 6 § 2 of the Convention (see, by way of comparison, Tendam v. Spain, no. 25720/05, 13 July 2010)?
APPENDIX
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Represented by
3087/17
19/12/2016
María Isabel ITURBE ABASOLO
07/11/1955
Arrasate-Mondragón
Alaitz DE ARENAZA ITURBE
03/03/1980
Arrasate-Mondragón
Iñigo IRUIN SANZ
9295/17
19/01/2017
Ainhoa IJURCO ILLARAMENDI
16/04/1972
Donostia-San Sebastián (Guipúzcoa)
Maria Nerea IJURCO ILLARAMENDI
06/11/1964
Donostia-San Sebastián (Guipúzcoa)
Maria Carmen ILLARAMENDI CADENAS
27/08/1942
Rentería (Guipúzcoa)
Jaime ELÍAS ORTEGA
Full & Egal Universal Law Academy