He considers that the former president of Catalonia did not exhaust the legal channels in the Spanish courts
MADRID, 10 Nov. (EUROPA PRESS) –
The European Court of Human Rights (ECHR) has “unanimously” inadmissible the appeal presented by the former president of the Generalitat of Catalonia Artur Mas against Spain. He has considered that it has not been possible to demonstrate that the State did not offer him sufficient protection in the face of the alleged violation of his right to honor by the newspaper ‘El Mundo’.
As reported on Thursday by the body based in Strasbourg, the magistrates have dismissed the appeal after considering that Mas did not exhaust the legal channels in the Spanish courts.
The case dates back to November 2012, when the aforementioned newspaper published a series of articles that, according to Mas, had damaged his reputation. Said publication took place within the framework of the electoral campaign for the presidency of the Generalitat of Catalonia. ‘El Mundo’ published that Mas had bank accounts abroad in which bribes would have been paid.
The leader filed a criminal complaint against the journalists and the editor of the newspaper for alleged crimes of libel or falsehood. The Provincial Court of Madrid confirmed the absence of negligence on the part of the editors on the basis of the material they had at their disposal when they wrote their article. But he did not take the case to civil court.
The former regional president went to the ECHR and alleged an alleged violation of his right to respect for private life and family – included in article 8 of the European Convention on Human Rights -. But he complained about the inaction of the Police, the Prosecutor’s Office and the Spanish courts in not investigating the alleged interference in his right to the protection of his personal reputation.
Spain argued before Strasbourg that the former Catalan president could have filed a civil legal action in the Spanish courts to request a correction to the newspaper or could have initiated a special procedure to protect his right to honor and obtain compensation for the alleged damage.
The European Court of Human Rights has agreed with the argument put forward by the Spanish State and has concluded that Mas deprived himself of the possibility of obtaining compensation for the alleged violation of his rights through civil proceedings when he chose to use “only” the way of criminal law.
The magistrates have stressed that, with this action, Mas limited the scope of the Spanish courts. Thus, they have determined that the former president of the Government “could not demonstrate” that Spain offered him insufficient protection and that his rights were violated.
The ECHR has considered that Mas’s request was “manifestly unfounded” and that, therefore, it should be dismissed. The court, “unanimously”, declared the Catalan leader’s claim inadmissible.
