San Marino opposition seeks clarity following ECHR ruling

The political group Repubblica Futura has requested formal clarifications from the San Marino government regarding recent rulings by the European Court of Human Rights (ECHR) in the Casali and Simoncini cases.

The ECHR unanimously found that San Marino violated the right to a tribunal established by law and the right to freedom of expression, ordering the state to pay 24,000 euros in compensation. The controversy stems from a legal maneuver where a Judge for Extraordinary Remedies accepted a 'querela nullitatis' to overturn a previous acquittal, effectively reinstating a criminal conviction. The ECHR determined that the judicial body performing this action was not a tribunal established by law, as the legal basis for such an action was non-existent.

Repubblica Futura is demanding written responses concerning the specific magistrate involved, potential disciplinary proceedings, and the government’s conduct before the ECHR, including attempts to recuse a judge and allegations of abuse of the right of appeal.