M.I.A.P. v. Spain

Comment:

Individual opinion of Committee members Marcia V.J. Kran and Gentian Zyberi (dissenting)

Substantive issues:

• equality before the courts and tribunals
• equality before the law
• fair trial
• objective and reasonable justification

Substantive articles:

• 14 (1)
• 26

Procedural issues:

• abuse of the right of submission
• exhaustion of domestic remedies
• same matter - another procedure of international investigation or settlement

Procedural articles:

• 2
• 5 (2) (a)
• 5 (2) (b)