FIFTH SECTION
DECISION
Application no. 27925/21
Pablo RIVADULLA DURÓ
against Spain
The European Court of Human Rights (Fifth Section), sitting on
12 October 2023 as a Committee composed of:
Mārtiņš Mits, President,
María Elósegui,
Kateřina Šimáčková, judges,
and Martina Keller, Deputy Section Registrar,
Having regard to:
the application (no. 27925/21) against the Kingdom of Spain lodged with
the Court under Article 34 of the Convention for the Protection of Human
Rights and Fundamental Freedoms (“the Convention”) on 25 May 2021 by a
Spanish national, Mr Pablo Rivadulla Duró (“the applicant”), who was born
in 1988, lives in Madrid and was represented by Mr D.C. Herchhoren
Alcolea, a lawyer practising in Madrid;
Having deliberated, decides as follows:
SUBJECT MATTER OF THE CASE
1. The case concerns an alleged breach of the applicant’s freedom of
expression under Article 10 and of the right to an effective remedy under
Article 13 of the Convention. The applicant also complained under Articles 9
and 18, both read in conjunction with Article 10 of the Convention.
A. Statements by the applicant
2. The applicant is a rapper, also known as “Pablo Hasel”. He published
several tweets on the social media application Twitter and a song about the
King Emeritus Juan Carlos I of Spain. A first set of tweets showed
the applicant’s support for convicted members of the terrorist group GRAPO
(“Antifascist Resistance Groups October First”). They read as follows: