Case of European Court of Human Rights, April 25, 2006 (case Puig Panella v. Spain)

Resolution Date:April 25, 2006
SUMMARY

Violation of Art. 6-2 Pecuniary damage - claim dismissed Non-pecuniary damage - financial award Costs and expenses partial award - domestic and Convention proceedings

 
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Information Note on the Court’s case-law No. 85

April 2006

Puig Panella v. Spain - 1483/02

Judgment 25.4.2006 [Section IV]

Article 6

Article 6-2

Presumption of innocence

Compensation for prison sentence refused owing to lack of evidence amounting to total certainty of convicted person’s innocence: violation

Facts: The applicant had been convicted of theft, illegal use of vehicles and unlawful possession of firearms, and his sentences had included terms of imprisonment and fines. The Constitutional Court allowed an amparo appeal by the applicant. It found that he had been convicted solely on the basis of documents obtained at the investigation stage, which had not been produced or submitted for adversarial argument at trial. The conviction was quashed on the ground that it had infringed the principle of the presumption of innocence. The applicant sought compensation for the damage caused by the 1,663 days he had spent in prison. His claim was rejected on the ground that the conviction had been set aside for want of evidence and for an infringement of the “presumption of innocence” principle. It had not positively been established that the applicant had not participated in the offences of which he had been convicted. Compensation could have been paid if the applicant had been acquitted on the basis of...

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