ECtHR, Herri Batasuna and Batasuna v. Spain, Nos. 25803/04 & 25817/04, 2009

• 2009
• Spain

Topics

Public security

Legal bases

European Convention on Human Rights Spain: Organic Law 6/2002 on political parties (LOPP)

Courts

European Court of Human Rights (ECtHR)

Laws

Freedom of Association Proportionality

Relevant links

• https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-93475%22]} https://hudoc.echr.coe.int/eng-press#{%22itemid%22:[%22003-2788701-3051349%22]} https://www.echr.coe.int/Documents/FS_Terrorism_ENG.pdf

Facts

Herri Batasuna is a political organisation that was established in 1979. In 2002, the Audiencia Nacional suspended the activities of Batasuna and ordered the closure. Subsequently, the State Counsel, brought proceedings before the Supreme Court seeking the dissolution of the political party, on the ground that it breaches the LOPP by a series of activities that irrefutably amounted to conduct that was incompatible with democracy, prejudicial to constitutional values, democracy and human rights.

Legal grounds

Spanish organic Law 6/2002 on political parties (LOPP); Articles 10 and 11 of the ECHR.

Findings

The Court decided that there had been no violation of Article 11 of the Convention. The fact that the applicants’ projects were in contradiction with the concept of “a democratic society” and entailed a considerable threat to Spanish democracy, the dissolution measures were proportionate to the legitimate aim pursued.