- Judgment date: 2015-09-15
- Communication date: 2018-02-13
- Application number(s): 4752/18
- Country: ESP
- Relevant ECHR article(s): 5, 5-1-b, 6, 6-1, 7, 7-1
No violation of Article 3 - Prohibition of torture (Article 3 - Degrading treatment
Inhuman treatment) (Substantive aspect)
Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect)
- Result: Violation SEE FINAL JUDGMENT
- Probability: 0.685632
- Prediction: No violation
Communication text used for prediction
SUBJECT MATTER OF the CASE The application concerns, firstly, the Supreme Court’s refusal to reduce the applicant’s sentence of imprisonment on the basis of new case-law adopted by that court contrary to its previous approach on the interpretation of the Council Framework Decision 2008/675/JHA 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 applicant’s final release.
The application also concerns the Constitutional Court’s decision declaring the amparo appeal partially inadmissible for non-exhaustion of previous judicial remedies.