European Court of Human Rights condemns Spain for violating rights of pro-process Catalan judges

European Court of Human Rights condemns Spain for violating rights of pro-process Catalan judges

In line with the collusion of these rotten parts of the state, the police, the judiciary and the press , it is worth noting this ruling by the European Court of Human Rights, which on 28 June condemned Spain for violating Article 8, i.e. the right to respect for the private and family life of a group of Catalan judges in favour of the pro-Catalan pro-Catalan government.

The case concerns the compilation by the Catalan police of files on judges who had expressed their opinion on Catalonia’s independence from Spain. Subsequently, several documents from these files, including photographs, were leaked to the press. Another chapter in the ramification of these sewers that continue to be denied at the highest levels.

In February 2014 the applicants, together with 13 other judges, drafted a manifesto stating that, under the Constitution and international law, the Catalan people had the “right to decide” (on the question of Catalan independence).

The Court held in particular that the mere existence of the impugned police reports, the establishment of which had no legal basis, constituted a violation of the Convention. In addition, it considered that the enquiries into the leaks were insufficient because the Barcelona police chief, a key figure in the investigation, was not heard.

Photographs of the DNI leaked to La Razón

In March of the same year, an article entitled “La conspiración de 33 jueces soberanistas(The conspiracy of 33 pro-sovereignty judges) was published in the newspaper La Razón about this manifesto. The article contained personal information and photos of the applicants taken from the police database. For this publication, Francisco Marhuenda was imputed.

According to the judgement, which can be read herethe photographs of the petitioners published in the newspaper came from the police database, to which only the authorities had access. Although the internal investigation did not determine how the photographs were leaked to the press, they could not have been leaked without the consent of the authorities. In these circumstances, the respondent state is liable. Where such an unlawful disclosure occurs, the State’s positive obligation inherent in an effective respect for privacy entails an obligation to investigate effectively with a view to remedy it to the extent possible”.

Spain must now pay the plaintiffs 4,200 euros for moral damages and 3,993 euros for costs and expenses. Peanuts. These people have plenty of money left over for fines, which they are happy to pay knowing that there are no further consequences.

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