CASTELLS v. SPAIN JUDGMENT
10
... "
Article 161 of the Criminal Code had given rise to criticism among
academic writers because it restricted the freedom of expression. In any
event, it should be read in conjunction with Article 20 which guaranteed
that freedom. In this connection it had to be accepted that criminal
legislation could constitute an adequate means of regulating the exercise of
fundamental rights provided that it respected the essential content of the
right in question. The limits of the freedoms of information and of opinion
were beyond question to be found in the area of State security, which could
be jeopardised by attempts to discredit democratic institutions. In
conclusion the question whether the defence of truth was or was not
admissible in this field was purely one of statutory interpretation and the
specific application of Article 161 in the case under review was a matter
falling within the exclusive jurisdiction of the Supreme Court.
18. On 1 April 1986 the Supreme Court ruled that the term of
imprisonment had been definitively served. Subsequently, the record of the
conviction was annulled in accordance with Article 118 of the Criminal
Code. It could therefore no longer be disclosed by investigation of the
applicant's criminal record unless the request came from judges or courts in
connection with a new criminal inquiry.
B. Relevant legislation
1. Constitution of 1978
19. The relevant articles of the Constitution provide as follows:
Article 14
"All Spanish citizens are equal before the law. Any discrimination based on birth,
race, sex, religion, opinion or any other condition or personal or social circumstances
shall be prohibited."
Article 18
"1. The right to honour, to a private life and to a family life and the right to control
use of one's likeness shall be protected.
..."
Article 20
1. The following rights shall be recognised and protected: