Legal cases

Jesús Terrón v. Spain

Legal case |
Jesús Terrón v. Spain

 

(Communication No. 1073/2002), CCPR/C/82/D/1073/2002

Subject:

Article 14 (5), Article 26, Article 2 (3) – Right to have his sentence and conviction reviewed by a higher tribunal; discrimination on the ground of other status; undertake to ensure that any person whose rights and freedoms as herein recognized have been violated shall have an effective remedy

Conclusion:

Violation of Article 14(5): parliamentarians are tried by Supreme Court, without the possibility of an appeal;

admissible under Article 5(2)(b) Optional Protocol: there is a precedent that the remedy of amparo cannot be used to reappraise facts or review sentences of domestic courts;

not necessary to take a decision on the alleged violation of Article 2(3), as Article 14(5) is a lex specialis to this article; not necessary to examine whether Article 26 has been violated.

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