Influence of the European Convention of Human Rights on the interpretation of the Spanish Constitution: an european perspective

Abstract

In relation with Article 3 of the European Convention of Human Rights (ECHR, from now on), which prohibits torture and inhuman or degrading treatment or punishments, the European Court of Human Rights (ECtHR, from now on) has established there are no exceptions or limitations, no matter what the victim�s actions were. The ECHR has stated that the referred prohibition would be inefficient without an �effective official investigation� in those cases where the existence of torture is reported. The Spanish Constitutional Court has tried to comply thoroughly with the ECtHR�s Judgements. In this sense, we must note the broad and generous interpretation that the Spanish Constitutional Court has made of the prohibition of using proof obtained under torture. In spite of this, Spain suffered a sentence by the ECtHR for this reason in 2004. It involves the case Martinez Sala and others v Spain, Judgment of 2 November 2004. Now then, our Constitutional Court has been consistent with this Judgement of the ECtHR. The cases in which tortures are reported during detention cannot be approached without taking into account the fundamental right at stake, considered in Article 15 of the Spanish Constitution (CE from now on, for its initials in Spanish): right to life and to not suffer torture or inhuman or degrading treatment. This demand of reinforced motivation in judicial sentences which affect the content of an important fundamental right has had great importance in relation with the case of the filing of statement of torture since the STC 224/2007, of 22 October.