3.6 Under article 14, paragraph 6, the author observes that particularly in the light of the compensation procedure provided under domestic law, that the State party was under an obligation to provide fair and adequate compensation for the miscarriage of justice. In this case, the actual award was some one-quarter of his entitlement under that scheme, and this was almost wholly negated by the requirement to pay immigration fines and fees. In a related claim of violation of article 2, paragraph 3, the author contends that instead of being properly compensated for the violations at issue, he was forced himself to pay for the time unjustly held in prison, and remains on the list of excludable aliens, despite having been fully cleared of all charges against him. This violates his right to an effective remedy, amounts to double jeopardy in the form of an additional punishment and contravenes his family rights. (successful) right of appeal. Nor is there anything to suggest the trial judge promulgated his decision based on anything other than a good faith appreciation of the evidence. 3.7 As to admissibility issues, the author states that he has not submitted his claim to another international procedure, and, concerning the conditions of detention in prison, that he unsuccessfully attempted to raise concerns regarding his treatment and the conditions of detention. This remedy was ineffective as he only had access to the individuals themselves responsible for the incidents in question. Author’s comments 4.4 As to the inadequate sum of compensation paid, the State party points out that on 24 August 2001, the Board of Claims granted the author an additional amount of P26,000 bringing the compensation to the total P40,000 claimed. Although advised that the check was ready for pickup, the author has not yet done so and it is therefore no longer valid, although it can readily be replaced. As to the contention that the author was denied civil remedies, the State party points out that he was advised by the Board of Claims to consult a practising lawyer, but that he has failed to pursue redress through the courts. 5.1 By letter of 6 April 2002, the author responds to further aspects of the State party’s submissions. On the fair trial issues, he points out that even the Solicitor-General regarded the charge against him as deeply flawed, and that thus, especially in capital cases, the trial judge’s good faith “honest belief” is not sufficient to legitimize a wrongful conviction. The Supreme Court’s decision makes clear that the proceedings failed to comply with what the author regards as the minimum standards set out in article 14. The author contends that the trial judge’s approach was biased against him on account of his gender, substituted his own evaluation of the medical evidence for that of the expert involved, and failed to respect the presumption of innocence. State party’s admissibility and merits submission 4.1 By submission of 5 August 2002, the State party contests the admissibility and merits of the case, arguing that numerous judicial, quasi-judicial or administrative remedies would be available to the author. Article 32 of the Civil Code makes any public officer or private individual liable for damages for infringement of the rights and liberties of another individual, including rights to be free from arbitrary detention, from cruel punishment, and so on. The author may also file a claim of damages for malicious prosecution, and/or a case alleging violations of the revised penal code on crimes against liberty and security or crimes against honour. He may also lodge a complaint to the Philippine Commission on Human Rights, but has not done so. The Supreme Court’s decision to vacate the lower court’s judgement, which was the result of automatic review on death penalty cases, shows that due process guarantees and adequate remedies are available in the judicial system. 5.2 Moreover, the author’s application to exclude the media from trial was denied and full access to the press was granted even before arraignment. Police parading of suspects before the media in the Philippines is well-documented, and in this case the presence of media from the moment the author was first brought before a prosecutor undermined the fairness of the trial. During trial, the court was packed with people from “children, feminist and anti-crime organizations” that were pressing for conviction. Public and media access enhances the fear of partial proceedings in highly emotive cases. 5.3 The author also argues, with reference to the Committee’s decision in Mbenge v. Zaire,2 that the violation of his article 14 rights led to an imposition of the death sentence contrary to the provisions of the Covenant, and thus in violation of article 6. The author also argues, with reference to the decision in 4.2 As to the article 7 claims, the State party contends that it cannot adequately respond to the allegations made, as they require further investigation. In any event, the author should have submitted his claim to a proper forum such as the Philippine Commission on Human Rights. 4.3 On the article 14 claims, the State party states that the case was tried before a competent court, that the author was able to present and cross-examine evidence and witnesses, and that he enjoyed a 2 117 Case No. 16/1977, Views adopted on 25 March 1983.