SANCHEZ I PICANYOL AND OTHERS v. SPAIN - 25608/20 (Art 3 P1 - Right to free elections - Remainder inadmissible : Fifth Section) French Text [2025] ECHR 249 (06 November 2025)

SANCHEZ I PICANYOL AND OTHERS v. SPAIN - 25608/20 (Art 3 P1 - Right to free elections - Remainder inadmissible : Fifth Section) French Text [2025] ECHR 249 (06 November 2025)

The Court found that the national authorities' decisions to maintain the applicants in provisional detention and to refuse permissions for political participation were not arbitrary and did not impair the very essence of the right to stand for election or exercise a parliamentary mandate. The authorities provided...

Source-derived case information.

Citation
[2025] ECHR 249
Parties
Applicant: Jordi Sànchez i Picanyol; Applicant: Jordi Turull i Negre; Applicant: Oriol Junqueras Vies; Respondent: Kingdom of Spain
Jurisdiction
European Union
Procedural Posture
Application to the European Court of Human Rights / Judgment (merits and Admissibility)
Outcome
Remainder of the application inadmissible; no violation found on the merits of the admissible complaints.
Legal Topics
Right to Free Elections, Detention and Arrest, Political Rights, Freedom of Expression, Provisional Detention, Proportionality of Restrictions, Sedition and Rebellion, Judicial Review, Separation of Powers
Human Rights Law Constitutional Law Criminal Law Right to Free Elections Detention and Arrest Political Rights Freedom of Expression Provisional Detention +4 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 16 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jordi Sànchez i Picanyol

Applicant

Jordi Turull i Negre

Applicant

Oriol Junqueras Vies

Applicant

Kingdom of Spain

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment (merits and Admissibility)

  1. 1 Whether the provisional detention and related restrictions on the applicants' political rights violated Article 3 of Protocol No. 1 (right to free elections) of the Convention
  2. 2 Whether the applicants' detention was justified under Article 5 §§ 1 and 4 (right to liberty and security, and review of detention)
  3. 3 Whether there was a violation of Article 18 (limitation on use of restrictions on rights) in conjunction with Article 5 and/or Article 3 of Protocol No. 1

Ratio Decidendi

The Court found that the national authorities' decisions to maintain the applicants in provisional detention and to refuse permissions for political participation were not arbitrary and did not impair the very essence of the right to stand for election or exercise a parliamentary mandate. The authorities provided relevant and sufficient reasons, including risk of reoffending and the need to preserve constitutional order. The judicial review mechanisms were adequate and effective. No convincing evidence was found of an ulterior purpose contrary to Article 18. Accordingly, there was no violation of Article 3 of Protocol No. 1, Article 5 §§ 1 or 4, or Article 18 in conjunction with those...

Court Disposition

Remainder of the application inadmissible; no violation found on the merits of the admissible complaints.