MADRID, 27 Oct. (EUROPA PRESS) –
The Supreme Court has recognized the right to be compensated with 5,000 euros to the heirs of a woman who spent nine months in preventive detention in a case in which there was no conviction or trial.
“This Chamber has no doubt that in this case the right to the compensation that would have corresponded to it should be recognized for the damages suffered by it as a result of having been subjected to preventive detention for 260 days, not followed by a conviction. “, have pointed out the members of the Fifth Section of the Contentious-Administrative Chamber.
For this reason, in the sentence to which Europa Press has had access, the court has upheld the appeal filed by the family and has corrected the decision of the National High Court not to recognize compensation.
Specifically, the Supreme Court has concluded that they are entitled to compensation of 5,000 euros plus default interest accumulated from the date on which they made the claim.
The case has reached the High Court after they went to the National High Court to appeal the decision of the Secretary of State for Security to dismiss their claim to be compensated with 150,000 euros for the damages derived from the preventive detention of their mother.
Before the Supreme, however, the heirs have not expressly requested that a sum be paid, but rather that the sentence be corrected and the case returned to the court of first instance.
In 22 pages, the court has explained that the woman was “deprived of liberty from January 21 to October 6, 2016 on suspicion of her participation in a crime of murder.” The case, however, did not go to trial, because in 2018 a provisional dismissal order was issued.
In this case, the debate has focused on the figure of free and provisional dismissal. The magistrates have explained that “after examining the proceedings and analyzing the circumstances” they have found that there are “substantially equivalent reasons” to consider that on this occasion the provisional dismissal was comparable to the free dismissal.
In the resolution, for which Judge Fernando Román García was the rapporteur, the Supreme Court has recalled that the jurisprudence establishes that the fact of having suffered preventive detention in a criminal case -in which an acquittal or free dismissal is later issued- – “It can be the cause of damage or injury of a moral, personal and family nature” that must be recognized.
