[Marxism] EUROPEAN COURT CONDEMNS SPAIN FOR A OLAECHEA EXTRADITION

["Louis R Godena" <louisgodena@xxxxxxx>]

Good story on Comrade Adolfo Olaechea's pending case (he is currrently under a 
form of house arrest in Lima following his release from El Canto prison in 
November of 2003) on Bloomberg News.    

Louis G

BELOW, COMMENTS FROM NUALA MOLE FROM THE AIRE CENTRE IN LONDON REGARDING THE 
EUROPEAN COURT JUDGEMENT CONDEMNING SPAIN FOR VIOLATING RIGHTS OF ADOLFO 
OLAECHEA. THE LONDON BASED AIRE CENTRE IS IN CHARGE OF THE DEFENCE OF ADOLFO 
OLAECHEA IN STRASSBURG


----- Original Message ----- 
From: "The AIRE Centre" <info@xxxxxxxxxxxxxx>
To: "ANNA JENKINSON, BLOOMBERG/ NEWSROOM:" <ajenkinson@xxxxxxxxxxxxx>; 
"Sarah Westoby" <swestoby@xxxxxxxxxxxxxx>; "Monica Velazco" 
<monicavelazco@xxxxxxxxxxxxxxxxx>; "hariette Spierings" 
<hariette@xxxxxxxxxxxxx>
Sent: Thursday, August 10, 2006 11:03 AM
Subject: Re: Nuala Mole -- URGENT REQUEST FOR COMMENT


24668/03 Olaechea - Cahuas v Spain

The finding of the European Court that Spain acted in violation of the 
Convention by failing to comply with the Court's decision that the 
 applicant should not be removed from the jurisdiction until the Court had 
 had the opportunity to examine his case is most welcome. It  reinforces 
 the importance of all States  collaborating fully with the Court in its 
 examination of complaints raising issues of fundamental rights. The Court 
 also found that all the applicant's claims were admissible - that is they 
 were not "manifestly ill-founded". Only about 5% of complaints brought to 
 the court cross this hurdle.

That said , a enormous gap in the procedural protection provided by the 
 Convention is left by the finding that those who are the subject of 
 extradition proceedings are not entitled to a fair trial and the Court has 
 not engaged in a proper analysis of this issue .

The Court examined the lawfulness of the applicant's detention in Spain 
 but did not address the applicant's claims that Article 5 ( the right to 
 liberty and security of the person) should apply extraterritorially to the 
 unlawful detention which he  faced  in Peru after extradition.

Nor did the Court consider that the applicant's right to a fair trial was 
 violated by the Spanish Government's failure to ensure that there was a 
 prima facie case against him to answer before extradition.

The Court did not address the fairness of Spain agreeing to expand the 
 charges at the request of the Peruvian Government after the extradition 
 even though the Spanish Constitutional Court has since ruled that acceding 
 to this request was unconstitutional.

All charges against the applicant in Peru have been dropped for lack of 
 any evidence against him .

This judgment  is a somewhat Pyhrric victory for the rule of law.

ANNA JENKINSON, BLOOMBERG/ NEWSROOM: wrote:
> Dear Sir/Madam,
>>
>> I am writing an article today for Bloomberg News about the ECHR ruling 
>> this morning, 24668/03 Olaechea Cahuas v Spain, in which Mrs. Nuala Mole 
>> represented the applicant. I would be very grateful for any reaction from 
>> Mrs. Mole or from the Aire Centre to the decision (for example, are you 
>> pleased with the decision,
>> and why, which parts are you not happy with and why?).
>>
>> I look forward to hearing from you later today.
>>
>> Best regards,
>> Anna Jenkinson.
>> Editor
>> Bloomberg News
>> Tel +322 285 4318.
>>
>>
>>
>
> -- 
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>
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