Del Rio Prada v. Spain - 42750/09 - CLIN [2012] ECHR 1899 (10 July 2012)

Del Rio Prada v. Spain - 42750/09 - CLIN [2012] ECHR 1899 (10 July 2012)

Retroactive application of new case-law extending the applicant's imprisonment by recalculating remission violated Articles 7 and 5, as the applicant could not reasonably foresee the change and its effect on her sentence.

Citation
[2012] ECHR 1899
Parties
Applicant: Applicant; Respondent: Spanish State
Jurisdiction
European Union
Judgment Date
10 July 2012
Procedural Posture
Criminal / Final Judgment
Outcome
violation found (unanimously)
Legal Topics
Retroactive Application of Law, Remission of Sentence, Foreseeability of Law, Deprivation of Liberty
Criminal Law Human Rights Law Retroactive Application of Law Remission of Sentence Foreseeability of Law Deprivation of Liberty

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Parties

Applicant

Applicant

Spanish State

Respondent

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether retroactive application of new case-law extending imprisonment violates Article 7 and Article 5 of the Convention
  2. 2 Whether the applicant could foresee the extension of her sentence due to change in calculation of remission

Ratio Decidendi

Retroactive application of new case-law extending the applicant's imprisonment by recalculating remission violated Articles 7 and 5, as the applicant could not reasonably foresee the change and its effect on her sentence.

Court Disposition

violation found (unanimously)

Orders

  • Spanish State to secure applicant’s release at the earliest possible date
  • EUR 30,000 awarded for non-pecuniary damage