Spain
ENTRY INTO FORCE of the European Convention on Human Rights
4 October 1979
Number of implemented cases*
92
Examples
Unfair trial leads to reforms to protect justice
César Igual Coll was cleared of failing to pay family maintenance, because he was unemployed and had no money. However, his case went to appeal. The appeal court held no public hearing and no evidence was taken from him. Nevertheless, César was convicted and sentenced to jail. The European court ruled that he had been denied a fair hearing. Changes were made to protect fair trials in Spain.
Spain
Senator put in prison for criticising the government
Senator Miguel Castells wrote an article claiming that the government was failing to investigate a series of murders. He was convicted of insulting the government and sentenced to a year in prison. The European court ruled that his right to free speech had been violated. The Spanish Constitutional Court then developed its case law to provide greater protection to free speech in Spain.
Case of a mother separated from her child
When María Iglesias Gil had a son by her ex-husband, she was given custody of the child. However, her ex-husband took the child away to the United States. When María went to the Spanish courts, they refused to issue an international arrest warrant and closed the case. The European court ruled that this decision had breached María's right to family life.
* This figure includes all judgments and decisions from the European Court of Human Rights (including friendly settlements) concerning which the Council of Europe’s Committee of Ministers has decided that all necessary follow-up measures have been taken. Source: the database of the Department for the Execution of Judgments of the ECHR, HUDOC-EXEC.