Taken from: Basque Peace Process
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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