Thursday, October 20, 2016

Spanish Constitutional Tribunal grants an appeal dealing with fundamental rights

Escudo de España (mazonado).svgThe Spanish Constitutional Tribunal admitted an appeal against the arrest imposed by the Spanish Supreme Court on the delegate, Jose Salazar Perez, of the Unified Association of Spanish Military (AUME) in Murcia.  Jose Salazar Perez was arrested for a serious offense (falta grave) committed after asserting in an email that the delegate for women's issues of the association for that province, Maria Teresa Franco Martinez, "was complicating her life because of her associative work and Jorge Bravo (President of AUME), who was awaiting arrest for a serious offense (falta grave) for declarations about superfluous expenditures."  The appeal, a writ of amparo, prepared by Mariano Casado, of the Legal Advisor's office of AUME was presented against the Ministry of Defense, which had imposed a punishment of arrest -- deprivation of liberty for one month and three days on Jose Salazar Perez.  AUME takes the position that the disciplinary resolutions and judgments of the Central Military Tribunal and of the Military Chamber of the Spanish Supreme Court "violate the right of association, of freedom of expression and the principle of legality."  The Constitutional Tribunal granted the appeal because it agreed that the case raised transcendent constitutional issues that would permit it to clarify or change its doctrine as a consequence of the normative changes relevant to the content of fundamental rights.  AUME celebrated the Constitutional Tribunal's decision in so far as "the violation of fundamental rights is directly related to the fundamental rights of association, freedom of expression and with the principle of legality,"

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