I incorrectly predicted that there's no violation of human rights in BERASATEGUI ESCUDERO v. SPAIN and 1 other application.

Information

  • Judgment date: 2019-11-26
  • Communication date: 2017-06-16
  • Application number(s): 33637/17;34083/17
  • Country:   ESP
  • Relevant ECHR article(s): 5, 5-1-b, 6, 6-1, 7, 7-1
  • Conclusion:
    Violation of Article 6 - Right to a fair trial (Article 6 - Constitutional proceedings
    Article 6-1 - Access to court)
  • Result: Violation
    • SEE FINAL JUDGMENT

JURI Prediction

  • Probability: 0.683173
  • Prediction: No violation

  • Inconsistent


Legend

 In line with the court's judgment
 In opposition to the court's judgment
Darker color: higher probability
: In line with the court's judgment  
: In opposition to the court's judgment

Communication text used for prediction

Applications nos 33637/17 and 34083/17 Ismael BERASATEGUI ESCUDERO against Spain andRufino ARRIAGA ARRUABARRENA against Spainlodged on 28 April 2017 The applications concern, firstly, the Supreme Court’s refusal to reduce the applicants’ sentences of imprisonment on the basis of new case-law adopted by that court contrary to its previous approach[1] on the interpretation of the Council Framework Decision 2008/675/JHA[2] and, in particular, on taking into account a previous criminal conviction handed down and served in another EU Member State (in the instant case, France).
This refusal implied the postponement of the applicants’ final release.
The applications also concern the Constitutional Court’s decision declaring the amparo appeals partially inadmissible for non-exhaustion of previous judicial remedies[3].

Judgment