CCPR/C/112/D/2105/2011
Annex
Decision of the Human Rights Committee under the Optional
Protocol to the International Covenant on Civil and Political
Rights (112th session)
concerning
Communication No. 2105/2011*
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)
The Human Rights Committee, established under article 28 of the International
Covenant on Civil and Political Rights,
Meeting on 28 October 2014,
Adopts the following:
Decision on admissibility
1.
The authors of the communication are Mr. S.S.F. and his sons, Mr. S.S.E. and Mr.
E.J.S.E., Spanish nationals born on 2 April 1945, 23 June 1970 and 26 November 1974,
respectively. They claim to be victims of a violation by Spain of their right under article 14
(para. 5) of the Covenant. Mr. S.S.F. and Mr. E.J.S.E. also claim that the State party
violated their rights under article 14 (paras. 1 and 7) of the Covenant. The authors are
represented by counsel.
The facts as presented by the authors
2.1
In 1994, the authors purchased Jamones La Umbría S.L. (hereinafter referred to as
“the company”), a company selling dry-cured ham. In 1995, the company experienced
liquidity problems, which left it unable to honour outstanding payments to its creditors in
connection with 26 commercial transactions. As a result of this non-payment, several
complaints were brought against the authors in 1995, which gave rise to three criminal
cases. The authors allege that the company’s lack of liquidity occurred unexpectedly owing
to the unlawful removal of goods by another company.
* The following members of the Committee took part in the consideration of this communication: Mr.
Yadh Ben Achour, Mr. Lazhari Bouzid, Ms. Christine Chanet, Mr. Ahmad Amin Fathalla, Mr.
Cornelis Flinterman, Mr. Yuji Iwasawa, Mr. Walter Kälin, Ms. Zonke Zanele Majodina, Mr. Gerald L.
Neuman, Sir Nigel Rodley, Mr. Víctor Manuel Rodríguez-Rescia, Mr. Fabián Omar Salvioli, Mr.
Dheerujlall B. Seetulsingh, Ms. Anja Seibert-Fohr, Mr. Yuval Shany, Mr. Konstantine Vardzelashvili,
Ms. Margo Waterval and Mr. Andrei Paul Zlătescu.
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