Esteville v Spain,  UN Human Rights Committee (2001) (excerpts)

Esteville v Spain,  UN Human Rights Committee Communication 1004/2001 (excerpts)


6.2 The only complaint by the author is related to article 14, paragraph 5, of the Covenant, which stipulates that "Everyone convicted of a crime shall have the right to his conviction and sentenced being reviewed by higher tribunal." The Committee notes that the State party's legal system would have granted the right of appeal if the author had been tried by the High Court of Catalonia. However, it was the author himself who repeatedly insisted that he be tried directly by the Supreme Court. Bearing in mind that the author is a former judge with a great deal of experience, the Committee considers that, by insisting on being tried only by the Supreme Court, the author has renounced his right of appeal. The Committee considers that, in the circumstances, the allegation by the author constitutes an abuse of the right to submit communications, in accordance with article 3 of the Optional Protocol.