I incorrectly predicted that there's no violation of human rights in SAN PEDRO BLANCO v. SPAIN.

Information

  • 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
  • Conclusion:
    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

JURI Prediction

  • Probability: 0.685632
  • 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

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[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 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[3].

Judgment