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Case of Del Rio Prada v. Spain

Case of Del Rio Prada v. Spain

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Published by El Huffington Post

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Published by: El Huffington Post on Oct 21, 2013
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01/12/2014

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GRAND CHAMBER 
CASE OF DEL RÍO PRADA v. SPAIN
(Application no. 42750/09)
JUDGMENTSTRASBOURG21 October 2013
This judgment is final but it may be subject to editorial revision.
 
DEL RÍO PRADA v. SPAIN - JUDGMENT 1
In the case of Del Río Prada v. Spain,
The European Court of Human Rights, sitting as a Grand Chamber composed of:Dean Spielmann,
President,
Guido Raimondi,
 
Ineta Ziemele,
 
Mark Villiger,
 
Isabelle Berro-Lefèvre,
 
Elisabeth Steiner,
 
George Nicolaou,
 
Luis López Guerra,
 
Ledi Bianku,
 
Ann Power-Forde,
 
Işıl Karakaş,
 
Paul Lemmens,
 
Paul Mahoney,
 
Aleš Pejchal,
 
Johannes Silvis,
 
Valeriu Griţco,
 
Faris Vehabović,
judges,
and Michael O
Boyle,
 Deputy Registrar,
 Having deliberated in private on 20 March 2013 and 12 September 2013,Delivers the following judgment, which was adopted on thelast-mentioned date:
PROCEDURE
1. The case originated in an application (no. 42750/09) against theKingdom of Spain lodged with the Court under Article 34 of theConvention for the Protection of Human Rights and Fundamental Freedoms
(“the Convention”) by a Spanish national, Ms Inés del Río Prada (“theapplicant”), on 3 August 2009.
 2. The applicant was represented by Mr S. Swaroop, Mr M. Muller andMr M. Ivers, lawyers practising in London, Mr 
 
D. Rouget, a lawyer  practising in Bayonne, Ms A. Izko Aramendia, a lawyer practising inPamplona and Mr U. Aiartza Azurtza, a lawyer practising in San Sebastian.
The Spanish Government (“the Government”) were represented by their 
Agent, Mr F. Sanz Gandásegui, and their co-Agent, Mr I. Salama Salama,State Counsel.3. The applicant alleged in particular that since 3 July 2008 her 
continued detention had been neither “lawful” nor “in accordance with a procedure prescribed by law” as required by Article 5 § 1 of the

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