Sunday, February 17, 2013

International Jurists Reject the 197/2006 Doctrine


The International Commission of Jurists has published an “amicus curiae” regarding the case of Ines del Rio. In it they express their inconformity with the 197/2006 Doctrine. They have also sent a report to the European Court of Human Rights which this coming March 20th will revise the ruling made in the case of Ines del Rio.

According to the report by the International Commission of Jurists (ICJ), the 197/2006 Doctrine of the Spanish Supreme Court, which lengthens the prison sentences imposed on Basque political prisoners without noticing the initial sentence, is not adjusted to the European Convention on Human Rights (ECHR).

In their report, the ICJ recalls that the principle of retroactivity, upon which the 197/2006 is sustained, cannot be applied in detriment of the prisoner. In this sense they defend that it cannot be applied retroactively if it is related with a change in the law that implies a revision of a sentence and that “recalculates substantially” the sentence.

The ICJ concludes the exposition of motives with a series of precedents that demonstrate the necessity of ending the doctrine of the Spanish High Court.

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