CASTELLS v. SPAIN JUDGMENT 14 with Article 14 (equality before the law). It was true that he had argued on the more limited basis of the right of an elected representative to formulate political criticism, under Article 23, but it was sufficient to read point 10 of the "As to the Law" part of the judgment of 10 April 1985 to see that the problem had indeed been raised. In that passage the Constitutional Court examined in detail the compatibility of Article 161 of the Criminal Code, the basis for the contested prosecution and conviction, with the freedom of expression (see paragraphs 15 and 17 above). 26. While expressing its agreement with the applicant, the Commission primarily invited the Court to find that it lacked jurisdiction to entertain the objection. 27. On this point the Court confines itself to referring to its consistent case-law, confirmed most recently in its B. v. France judgment of 25 March 1992 (Series A no. 232-C, p.45, paras. 35-36). As regards the merits of the submission, it observes that Article 26 (art. 26) must be applied "with some degree of flexibility and without excessive formalism"; it is sufficient that "the complaints intended to be made subsequently before the Convention organs" should have been raised "at least in substance and in compliance with the formal requirements and timelimits laid down in domestic law" (see the Guzzardi v. Italy judgment of 6 November 1980, Series A no. 39, p. 26, para. 72, and the Cardot v. France judgment of 19 March 1991, Series A no. 200, p. 18, para. 34). 28. The applicant relied on Article 10 (art. 10) of the Convention in two respects: he had, he claimed, been prosecuted and convicted for making statements which were true, but whose accuracy he had been prevented from establishing; in addition, the contested article came within the sphere of the political criticism which it was the duty of any member of parliament to engage in. 29. It appears that Mr Castells had raised both of these points in the Supreme Court. The judgment of 31 October 1983 refused to admit the defence of truth in relation to the offence of insulting the Government and ruled that the applicant had overstepped the bounds of acceptable political criticism (see paragraph 13 above). 30. The submissions in support of the amparo appeal of 22 November 1983 made only an indirect and brief reference to Article 20 of the Constitution (see paragraph 15 above); they did however set out the complaints discussed above. While basing his case on a narrower provision, Article 23 of the Constitution, the applicant claimed the right, in his capacity as a senator, to criticise the Government's action, a right which is manifestly inherent in the freedom of expression in the specific case of elected representatives. Moreover the Constitutional Court recognised this in its summary of the complaints; it took together the complaint concerning Articles 14 and 20 and that relating to Article 23 (see paragraph 17 above).