CCPR/C/112/D/2105/2011

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
11 November 2014
English
Original: Spanish

Human Rights Committee

Communication No. 2105/2011
Views adopted by the Committee at its 112th session
(7–31 October 2014)

GE.14-20560 (E)

Submitted by:

Mr. S.S.F., Mr. S.S.E. and Mr. E.J.S.E.
(represented by Mr. José Luis Mazón Costa)

Alleged victims:

The authors

State party:

Spain

Date of communication:

15 August 2011 (initial submission)

Document reference:

Special Rapporteur’s rule 97 decision,
transmitted to the State party on 19 October
2011 (not issued in document form)

Date of decision:

28 October 2014

Subject matter:

Scope of reviews in cassation by the Spanish
Supreme Court

Procedural issues:

Non-exhaustion of domestic remedies; nonsubstantiation of claims

Substantive issues:

Right to have the conviction and sentence
reviewed by a higher tribunal; prohibition of
double jeopardy (ne bis in idem)

Article of the Covenant:

14, paras. 1, 5 and 7

Articles of the Optional Protocol:

2, 3 and 5, para. 2 (b)

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