professional field or challenging the medical attestations
to the serious risk to the mother’s life. Furthermore, the
Committee may note that the State party has not submitted
any evidence contradicting the statements and evidence
supplied by the author. Refusing a therapeutic abortion not
only endangered the author’s life but had grave
consequences which the author has also substantiated to
the Committee by means of valid supporting documents.
It is not only taking a person’s life that violates article 6 of
the Covenant but also placing a person’s life in grave
danger, as in this case. Consequently, I consider that the
facts in the present case reveal a violation of article 6 of
the Covenant.
Communication No. 1156/2003
Submitted by: Rafael Pérez Escolar (represented by counsel)
Alleged victim: The author
State party: Spain
Date of adoption of Views: 28 March 2006
Subject matter: Scope of review in cassation
proceedings in the Spanish Supreme Court;
imposition of heavier penalties by the higher
court
author was accused of involvement in 3 out of 11
allegedly irregular operations approved by the
management of BANESTO. On 31 March 2000 the
National High Court sentenced the author to five
years and eight months’ imprisonment and a fine of
18 million pesetas for fraud and four months for
misappropriation. The author was acquitted of a
charge of forgery. With regard to the first offence,
the author states that he was charged with having
obtained joint venture partnerships free of charge.
He claims that the High Court refused to admit as
evidence either the statements of seven expert
witnesses for the defence or the documents
submitted by the author himself—none of which
evidence, according to the author, may be reviewed
in the higher court. With regard to the second
offence, the author claims that the conviction was
based on conflicting evidence, including in particular
the testimony of three prosecution witnesses whose
credibility could not be reviewed by the higher court.
Procedural issues: Substantive issues: Right to have sentence and
conviction reviewed by a higher court in
accordance with the law
Article of the Covenant: 14, para. 5
Articles of the Optional Protocol: Finding: No violation
1.
The author of the communication, dated 13
December 2002, is Rafael Pérez Escolar, a Spanish
national born in 1927, who claims to be a victim of a
violation by Spain of article 14, paragraph 5, of the
Covenant. The Optional Protocol entered into force
for Spain on 25 April 1985. The author is
represented by counsel, Mr. Iván Hernández
Urraburu and Mr. José Luis Mazón Costa.
2.3 The author submitted an appeal in cassation
on 16 grounds in the Criminal Division of the
Supreme Court, requesting it to review various
points of fact relating to his conviction. Since no
review of the facts of a case is possible in cassation,
the author attempted to obtain reconsideration of the
prosecution evidence underpinning the conviction
indirectly, by invoking the presumption of
innocence, but without success. In the course of the
cassation proceedings, the Committee published its
opinion in the Gómez Vázquez case, which prompted
the author to petition the Supreme Court on three
different occasions to apply the Committee’s
reasoning on the second hearing principle contained
in article 14, paragraph 5, but his applications were
rejected.
The facts as presented by the author
2.1 The author
member of the
(BANESTO). On
dismissed from his
members.
was a shareholder and board
Banco Español de Crédito
28 December 1993 he was
post along with the other board
2.2 On 14 November 1994, the prosecutor’s
office attached to the National High Court brought
criminal proceedings against 10 individuals,
including the author, for forgery of a commercial
document and misappropriation. In the course of the
hearings, which lasted two years, statements were
taken from 470 witnesses and expert witnesses. The
case file consisted of 53 volumes of pretrial
proceedings and 121 volumes of evidence. The
2.4 The General Workers Union (UGT), the
plaintiff in the appeal in cassation, claimed before
the Supreme Court that, with regard to the offence of
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