José María Alba Cabriada v. Spain
(Communication No. 1101/2002), CCPR/C/82/D/1101/2002
Article 14, 26 – Discrimination on the ground of other status:
The author alleged that the Spanish Criminal Prosecution Act violates Article 14, paragraph 5, and Article 26 of the Covenant, since cases involving individuals accused of the most serious crimes are tried by a single judge (examining court), who, once the relevant investigations have concluded, transfers the case to the provincial court, where proceedings are conducted by three judges, who pronounce sentence. The decision may be appealed on very limited legal grounds only. The court of cassation may not reappraise the evidence. On the other hand, cases involving individuals sentenced for lesser offences, with sentences of less than six years, are investigated by a single judge (examining court), who, when the case is ready for oral proceedings, transfers the case to a single judge ad quo (criminal court); this decision may be appealed before the provincial court, which guarantees effective review not only of application of the law but also of the facts.
Violation of Article 14 (5); Insufficiently substantiated allegations regarding the claim concerning Article 26.
(Paragraphs 7.3, 8)