Home > Case Overviews > Spanish Arms and Yemen
Spanish Arms and Yemen
Jurisdiction
Spain
Locale
Armed Conflict in Yemen
Recipient State
Saudi Arabia, United Arab Emirates
Status
Closed
Litigation against Yemen-linked arms transfers first entered the Spanish courts in 2020. Two simultaneous claims, submitted by claimant NGOs before Administrative Courts, challenged the refusal by the competent licensing authority to provide access to information regarding licences that were issued for the export of arms to coalition members involved in the armed conflict in Yemen.
The High Court dismissed both claims. On appeal, the Supreme Court upheld the High Court’s decisions on both challenges.
The ‘Fundamental Rights’ complaint, initiated in late 2020, specifically considered whether the right to freedom of expression, which is both protected under the European Convention on Human Rights (ECHR) and recognised in Spanish law, also provided for a right of access to licensing information that has until now been treated as fully classified under the applicable domestic law. An appeal was lodged at the Constitutional Court against the Supreme Court’s decision to dismiss the case, which was also rejected in January 2024 on the grounds that it lacked constitutional significance. Subsequently, on 8 April 2024, the plaintiffs brought the case before the European Court of Human Rights (ECtHR).
Latest developments
Case Analysis
Proceedings in Spain did not substantively consider the merits and legality of national licensing decisions under domestic and international law. Instead, the claimants sought to challenge the opacity of decision-making processes that limit the ability for NGOs to monitor the government’s compliance with its domestic and international legal obligations, and ultimately bar access to courts and possible remedies for those affected by illegal arms transfers. They did so by launching two simultaneous cases: one under a special procedure that argued a violation of the claimant’s fundamental rights; and the other following an ordinary contentious administrative procedure based on the domestic rules governing access to information.
Themes
iCases
Two simultaneous claims have been brought in the Spanish courts and are both pending on appeal with a hearing date at the Supreme Court awaited. Click ‘explore case’ to find out about each case in more detail and access all case documents.
Case status
Complaint Against the Minister of Industry, Commerce and Tourism Through a ‘Special Procedure for the Protection of Fundamental Rights’
Explore caseThis case challenged the government’s refusal to provide access to documentation on the export of arms to Saudi Arabia from 2016-2020 on the basis that this was a disproportionate interference with a fundamental right. This was dismissed by the High Court who argued that the right to access information is an ‘ordinary’ right that can be limited on national security and economic grounds as met in this case. The Supreme Court upheld the High Court’s decision.
Complaint Against the Minister of Industry, Commerce and Tourism Through an ‘Ordinary Administrative Procedure’
Explore caseThis case sought to access documentation on licences for the export of military goods to the UAE and Saudi Arabia from 2017–2020 under an ‘ordinary’ administrative procedure. The claimants argued the government had acted in violation of Spanish rules on transparency. The High Court dismissed this, upholding the classified nature of the requested information. The Supreme Court upheld the High Court’s ruling on appeal.
Timeline
FILTERS
08 Apr 2024
Plaintiffs bring case to the ECtHR.
08 Jan 2024
Constitutional Court rejects appeal lodged against Supreme Court decision.
17 Jul 2023
The Supreme Court ruled against the plaintiffs on appeal, concluding that data on arms exports to Saudi Arabia and the UAE public would threaten national and defence security.
Read the article in full07 Feb 2023
Supreme Court upholds High Court's ruling, arguing that the right to access licence details was “subjective,” and that Greenpeace had failed to prove that fundamental human rights would be harmed as a result of the ministry withholding the information.
Read the article in full04 Oct 2022
The state attorney replies to the appeal submitted by Greenpeace upholding the arguments of the government at first instance.
Read the state attorney's reply06 Jul 2022
The claimants file their appeal at the Supreme Court responding to the key points in the court's order of admission.
Read the appeal here21 Jun 2022
The claimants file their appeal at the Supreme Court responding to the key points in the court's order of admission.
Read the appeal here11 May 2022
The Supreme Court admits the appeal for processing.
Read the Supreme Court's Order of Admission here29 Dec 2021
05 Nov 2021
15 Sep 2021
Judgement issued by the High Court of Justice of Madrid. Case Dismissed.
Read the judgement here02 Jul 2021
The Court rejects the amplification of the facts on the grounds that they “do not relate to the subject matter of the lawsuit”.
Read the judgement here18 May 2021
Greenpeace submits further facts to expand on the initial complaint filed before the High Court of Madrid.
Read the expansion of the facts here02 Feb 2021
Government response. Minister contests all grounds and argues that the contested information is classified, and that the claimants cannot rely on the right of access to information as a fundamental right.
Read the government's response to litigation here27 Nov 2020
Case enters the courts. Claim submitted through an ‘ordinary administrative procedure’ at the Administrative Court challenging the refusal to disclosure information.
Read the claimant's submission here26 Nov 2020
Admissibility judgement issued. The High Court of Justice of Madrid finds that the claim is admissible and grants a hearing to assess the merits of the claim.
Read the judgement here15 Nov 2020
Case enters the courts. Claim submitted to the High Court of Justice of Madrid challenging the decision not to disclose requested information.
Read the claimant's submission here15 Sep 2020
Formal request to government is unsuccessful on the basis of the requested information’s classified status under Spanish law.
Read the government's response to the request for information here20 Aug 2020
Greenpeace requests a copy of administrative files on specified licences for the export of arms to Saudi Arabia, including copies of the licences, the minutes of the meeting where this licensing decision was made, and the formal justification for the decision to issue these licences.
Read the request to the Secretary of State here10 Mar 2020
Ministry of Industry, Commerce and Tourism denies access to requested documentation.
Read the response here09 Mar 2020
Greenpeace Spain requests information from the Minister of Industry, Commerce and Tourism regarding the granting of licences for the ‘export of artillery ammunition manufactured by Expal Systems to the UAE and/or Saudi Arabia from 2017 – 2020’.
Read the request hereContact & More Information
If you would like to know more about this case, please get in touch with our primary contact Lorena Ruiz-Huerta at Greenpeace Spain by email. The claimant’s external legal representative can be contacted by email here.
Find out more about the work of the claimants at their website:
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Analysis
17 July 2023
The Supreme Court concludes that making public data on the export of weapons to Saudi Arabia and the Emirates would threaten "national security"Roberto Becares and Tone Calleja Flórez | El Periódico de España
In the complaint against the Minister of Industry, Commerce and Tourism through an ‘ordinary administrative procedure’ in Spain, the Supreme Court ruled against the plaintiffs, concluding that data on arms exports to Saudi Arabia and the UAE public would threaten national and defence security.
Read more13 February 2023
Greenpeace to appeal Spain-Saudi arms deal confidentialityAssociated Press
Spanish Supreme Court dismisses appeal filed on Complaint Against the Minister of Industry, Commerce and Tourism Through a ‘Special Procedure for the Protection of Fundamental Rights’.
Read more24 February 2021
La Abogacía del Estado avisa a los jueces que revelar datos sobre la venta de armas a Arabia Saudí provocará un “conflicto”Danilo Albin | Público
This article (in Spanish) covers the response by the State Attorney’s office to the case initiated by Greenpeace Spain in late 2020.
Read more13 October 2020
El TSJ de Madrid admite a trámite un recurso para pedir mayor transparencia en las exportaciones de armasPol Pareja | El Diario
This article (in Spanish) covers the case submitted to the High Court of Justice of Madrid following the Spanish government’s refusal to respond to requests for information concerning the export of arms to Saudi Arabia on the basis of the Law of Official Secrets.
Read more