Notice of Appeal in Cassation to the Supreme Court of Spain (Ordinary)
Armed Conflict in Yemen
The claimants challenge the High Court’s decision that the denial of access to licensing information constitutes a permissible limitation to the contested rights.
It argues a violation of several domestic and international instruments, including the Spanish Official Secrets Act, the ATT and the Treaty on the Functioning of the European Union as the government has wrongly concluded that the existence of a classified matter means that all information should be classified. It also argues an infringement of the right to freedom of expression under the ECHR, maintaining that the right to access information is an instrumental component of this right. In terms of Law 19/2013, it argues that a correct interpretation of the terms and permissible limitations to the right to receive information under article 14 required the delivery of the requested documents. To support this, it is submitted that the requested information would not affect national security interests, and that the lower court had failed to carry out a proportionality assessment to this effect.