Effective investigation and right to life. Facing the upcoming resolution of the Tarajal case by the Constitutional Court after Order 338/2023
Abstract
Analysis of the prohibition of torture through the Spanish Constitutional Law and the doctrine of the European Court of Human Rights. Essence of the ius ut procedatur and its possible transfer to the resolution of the Audiencia Provincial that agrees to the file of a case, prior agreement by the Juzgado de Instrucción to its opening. Procedural and substantive perspectives of the right to life through the European Court of Human Rights and its possible impact in the Constitutional Court in relation to homicides resulting from actions or omissions committed by agents dependent by the State. Study of the edges through the Tarajal case and the possible interpretative paths in light of the ATC 338/2023, of July 3.
Received: 05.02.2025
Accepted: 10.06.2025
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Last update: 08/02/2022
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