Parot Doctrine: Some keys to understand ECHR Judgments in case of Del Río Prada v. Spain
Keywords:
Parot doctrine, European Court of Human Rights (ECHR), article 7 of the Convention, retroactive application of precedent (case-law) not reasonably foreseeable, detention not “lawful”Abstract
A recent ECHR Judgement, holding a violation of Article 7 and a violation of Article 5.1 of the Convention) by Spain has received widespread media coverage. A new precedent set by the Spanish Supreme Court (known as Parot Doctrine) changed the method to apply remissions of sentence for work done in detention, postponing the date of final release in several years. Retroactive application of such precedent has been held a violation of article 5 and Article 7 of the Convention by ECHR. This article provides some keys to understand why Parot Doctrine was developed and ECHR Judgments.
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