OTEGI MONDRAGON v. SPAIN JUDGMENT
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E. Enforcement of the sentence and subsequent events
23. In a decision (auto) of 15 May 2006, the Basque Country High Court
of Justice ordered that enforcement of the applicant’s sentence be stayed for
three years. According to the Government, his sentence was remitted on
16 July 2009.
24. The applicant was imprisoned on 8 June 2007 after the Supreme
Court upheld a judgment of the Audiencia Nacional of 27 April 2006
sentencing him to fifteen months’ imprisonment for publicly defending
terrorism.
25. He is currently in pre-trial detention in connection with other
criminal proceedings.
II. RELEVANT DOMESTIC AND INTERNATIONAL LAW
A. National legislation
26. The relevant provisions of the Spanish Constitution read as follows:
Article 14
“Spaniards shall be equal before the law; they may not be discriminated against in
any way on account of birth, race, sex, religion, opinion or any other condition or
personal or social circumstance.”
Article 16
“1. Freedom of ideas, religion and worship shall be guaranteed to individuals and
communities without any restrictions on its expression other than those necessary for
the maintenance of public order as protected by law.
...”
Article 20
“1. The following rights shall be recognised and protected:
(a) the right freely to express and disseminate thoughts, ideas and opinions orally,
in writing or by any other means of reproduction;
...
2. The exercise of these rights may not be restricted by any prior censorship.
...