CEDH · CASELAW;RESOLUTIONS;EXECUTION;ENG — 7 juin 1995

.sDD6737AE { font-size:11pt } .s211D6B00 { margin-top:0pt; margin-bottom:0pt; line-height:normal; widows:0; orphans:0; font-size:8.5pt } .sBB9EE52A { font-family:Arial }       The Committee of Ministers, under the terms of Article 54 (art. 54) of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as "the Convention"),        Having regard to the judgment of the European Court of Human Rights in the Castells case delivered on 23 April 1992 and transmitted the same day to the Committee of Ministers;        Recalling that the case originated in an application (No. 11798/85) against Spain lodged with the European Commission of Human Rights on 17 September 1985 under Article 25 (art. 25) of the Convention by Mr Miguel Castells, a Spanish national, and that the Commission declared admissible the complaint that his conviction for proffering insults against the Government of Spain constituted an unjust and discriminatory interference with his right to freedom of expression;        Recalling that the case was brought before the Court by the Commission on 8 March 1991 and by the Government of Spain on 21 March 1991;        Whereas in its judgment of 23 April 1992 the Court unanimously:        - held that it had jurisdiction to consider the Government of Spain's preliminary objection, but dismissed it;        - held that there had been a violation of Article 10 (art. 10);        - held that it was not necessary to consider the case also under Article 14, taken together with Article 10 (art. 14+10);        - held that, as regards the non-pecuniary damage alleged, the present judgment constituted sufficient just satisfaction for the purposes of Article 50 (art. 50);        - held that the Kingdom of Spain was to pay the applicant, within three months, 3 000 000 pesetas for costs and expenses;        - dismissed the remainder of the applicant's claims;        Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 54 (art. 54) of the Convention;        Having invited the Government of Spain to inform it of the measures which had been taken in consequence of the judgment of 23 April 1992, having regard to Spain's obligation under Article 53 (art. 53) of the Convention to abide by it;        Whereas, during the examination of the case by the Committee of Ministers, the Government of Spain gave the Committee information about the measures taken in consequence of the judgment, which information appears in the appendix to this resolution;        Having satisfied itself that on 13 July 1992, within the time limit set, the Government of Spain paid the applicant the sum provided for in the judgment of 23 April 1992,        Declares, after having taken note of the information supplied by the Government of Spain, that it has exercised its functions under Article 54 (art. 54) of the Convention in this case.                   Appendix to Resolution DH (95) 93            Information provided by the Government of Spain            during the examination of the Castells case                   by the Committee of Ministers        The developments with regard to the status of the Convention and of the case-law of the Convention organs over the last years, in particular the judgments of the European Court of Human Rights, in Spanish law, have led the Constitutional Court to conclude, in 1993, that "in accordance with Article 10, paragraph 2, of the Spanish Constitution, the case-law of the European Court ... shall constitute a criterion for the interpretation of the constitutional norms which protect the fundamental rights" (judgment 303/93 of 25 October 1993).   In this judgment, the Constitutional Court also concluded that the jurisprudence elaborated by the European Court of Human Rights was directly applicable in the Spanish legal order.   This case-law has been confirmed by the Constitutional Court on numerous occasions.        In the light of these developments, the Supreme Court will today accept the admissibility of the exceptio veritatis in defamation proceedings, in conformity with the judgment of the European Court of Human Rights, as an integral part of Spanish law.        Accordingly, the Government of Spain concludes that there is no longer any risk of repetition of the violation found by the Court in this case and that is has fulfilled its obligations under Article 53 (art. 53) of the Convention.