The UN Human Rights Committee decides whether to admit the appeal of the form...

soyeb19

The UN Human Rights Committee will assess whether to admit the appeal of the former professor of the "Gaztelueta case" to processing and, if positive, it will rule whether his presumption of innocence was respected within the framework of a fair trial before an impartial court and he enjoyed of a right of access to the double criminal instance through a full review of the conviction sentence.

The Gaztelueta case has aroused notable public interest after the former school teacher faced, in recent months, a process ordered by the Holy See to clarify the alleged abuses for which Whatsapp Database he was already sentenced to two years in prison by the Supreme Court. Regardless of the reopening of the canonical channel on the case, Mr. Martínez previously presented an Appeal or Communication before the UN Human Rights Committee (UN-CDDHH) based in Geneva. It must be remembered that the canonical investigation in 2015 exonerated him .

The mission of this resource is totally unrelated to the substance of the matter already adjudicated on sexual abuse. The case in Spain ended with the Supreme Court ruling of 9/21/2019 (the protection before the Constitutional Court was inadmissible for processing by ruling of 5/13/2021). The communication addressed to the CDDHH was not to assess whether the acts of sexual abuse were carried out but rather whether in light of the articles of the International Covenant on Civil and Political Rights of New York of 1966:



1st. Mr. Martínez Sanz had a fair trial with all the guarantees in his case before the Spanish courts.

2nd. If in Spain there was, at the time of the facts prosecuted, effective access to the fundamental right to a double degree of jurisdiction in criminal matters where evidence could be provided and all the facts could be reviewed through a full appeal. In our criminal system, the proceedings initiated -prior to 12/6/2015- could not be re-examined on appeal before, for example, the Superior Court of Justice of each Autonomous Community. This anomaly, which deprives the right to a second criminal instance to review what was decided in the instance, was corrected by Law 41/2015, of October 5. The European Court of Human Rights condemned our country for this circumstance , in numerous cases, for violating that right of art. 14.5 ICCPR.