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Notice of Appeal in Cassation to the Supreme Court (Special)

Appears in case: Complaint Against the Minister of Industry, Commerce and Tourism Through a ‘Special Procedure for the Protection of Fundamental Rights’




Armed Conflict in Yemen

Recipient State

Saudi Arabia

Document Type

Claimant Submissions

The claimants argue that the High Court’s refusal to grant access to licensing information is a disproportionate interference with the right to freedom of expression and information.nnn

This notice of appeal outlines the contents of the claimants appeal to the Supreme Court. The claimants allege an infringement of Articles 6 and 7 of the Arms Trade Treaty. They also allege a violation of Spanish transparency rules under the Official Secrets Act, and the right to freedom of expression, specifically the right to receive truthful information and communicate it freely in a democratic society. It is submitted that in the contested judgement, the High Court of Justice of Madrid failed to properly review the licensing decision as required by the ATT meaning that the claimants were unable to access information on the sale of artillery material by Expal Systems to Saudi Arabia. It is also submitted that the judgement of the lower court fails to justify how the disclosure of information on arms sales could affect national security.