> ## Content Index > Fetch the complete content index at: https://barna.news/llms.txt > Use this file to discover other available public pages before exploring further. # European Court Upholds Protesters' Rights - URL: https://barna.news/european-court-upholds-protesters-rights/ - Published: 2026-09-04T07:00:23.000Z - Updated: 2026-09-04T07:00:23.000Z - Author: Brandon Watea - Tags: politics, Trending Now ## European Court Condemns Spain Over Prison Sentences The European Court of Human Rights (ECtHR) has ruled that Spain violated the right to assembly and freedom of expression by imposing three-year prison sentences on activists involved in the 2011 'Aturem el Parlament' protest. The demonstration, organised by the 15-M movement, surrounded the Catalan Parliament in opposition to austerity measures approved by then-president Artur Mas's government. In a judgment welcomed by civil rights advocates, the ECtHR found the prison terms disproportionate and determined they had a chilling effect on public participation in political debate. The court stressed that even though the protest disrupted parliamentary activity, the absence of specific acts of violence against deputies meant the punishment did not align with the legitimate aims of protecting public order. ## Supreme [Court Ruling](https://barna.news/puigdemont-awaits-court-ruling-before/) Overturned The European ruling overturns a 2015 decision by Spain’s Supreme Court, which had overturned earlier acquittals by the National Court and sentenced eight activists to three years in prison for a crime against state institutions. While the facts of the case were not disputed, the Supreme Court, under then-rapporteur Manuel Marchena, reinterpreted the legal reasoning, prioritising the deputies’ right to attend parliament over the protesters’ right to assembly. The ECtHR highlighted that the Supreme Court placed undue emphasis on the creation of an 'intimidating atmosphere' without attributing individual acts of violence to the defendants. The European judges ruled that shouting at deputies did not constitute violence sufficient to justify criminal conviction. > The prison sentences imposed were not proportionate to the legitimate aims of protecting public safety and the rights and freedoms of others. The European court concluded that criminalising peaceful protest under such circumstances risks deterring civic engagement and undermines democratic discourse. ## Legal and Political Implications Eduardo Cáliz, the lawyer who represented the activists, said the ruling reinforces legal boundaries on the use of criminal law to suppress protest. 'This judgment protects the right to demonstrate and sets a very clear limit on alleged contexts of intimidation to justify prison sentences,' he said. The case, formally known as *Sánchez i Picanyol and Others v. Spain*, was decided under Article 11 (freedom of assembly) and Article 10 (freedom of expression) of the European Convention on Human Rights. The ECtHR's findings are binding on Spain under international law. --- The judgment marks a significant moment for protest rights in Spain, coming amid ongoing debate over the balance between institutional security and civic freedoms. Activists involved in the 2011 protest said they held no grudge but noted that some prisoners from the 2017 independence process had expressed solidarity with their cause. --- *Primary sources:* [*hudoc.echr.coe.int*](https://hudoc.echr.coe.int/app/conversion/pdf/?filename=Judgment+Sanchez+i+Picanyol+and+Others+v.+Spain+-+Political+rights+of+three+Catalan+elected+officials+not+infringed+during+their+pre-trial+detention.pdf&id=003-8373887-11830923&library=ECHR&ref=barna.news)*,* [*igualtat.gencat.cat*](https://igualtat.gencat.cat/web/.content/Ambits/LGBTI/normativaLGBTI/Document-EU-autodeterminacio-de-genere-2020.pdf?ref=barna.news)*. Reported by eldiario.es, parlament.cat, Βασίλης Χειρδάρης, sindic.cat, en.ara.cat, static1.ara.cat, lavanguardia.com, elmundo.es.* --- ### Related on Barna.News - [Catalan Parliament backs AP-7 vignette proposal](https://barna.news/catalan-parliament-backs-ap-7-vignette/) - [Catalan Government Unveils Diada 2026 Poster Without Senyera](https://barna.news/catalan-government-unveils-diada-2026-poster-without-senyera/) - [Catalan pro-independence unity strategy fractures](https://barna.news/catalan-pro-independence-unity-strategy/) - [Catalan Government Boosts Jobs with Language and Training Schemes](https://barna.news/catalan-government-boosts-jobs-with/)