STC 86/2025: defence and hearing in habeas corpus

Constitutional Court · STC 86/2025

Issue examined

The appeal concerns an order from an investigating court in Madrid which dismissed his sole responsibility for habeas corpus.

Summary published by the Constitutional Court

Violation of the right to personal liberty: rejection of a request by habeas corpus without hearing of the applicant and without providing him with the elements of the proceedings that are essential to challenge the legality of the police detention (SSTC 13/2017 and 85/2024).

The file retains the distinction between violation and alleged violation used by the source. In order to know the judgement, the grounds and the individual votes must be consulted the full resolution.