CCPR/C/114/D/2395/2014
19. Consequently, the Committee considers that this part of the author ’s claim is
inadmissible under article 2 of the Optional Protocol.
8.9 The Committee takes note of the author ’s claims that he was unable to mount a
defence, as the evidence used against him was gathered with no regard for due
process, no oversight by the defence and no certainty as to its authenticity or
provenance, and that he did not have access to the file. The Committee notes that the
author has not explained to the Committee in what way his right to a defence was
restricted in the course of the criminal proceedings, and his c laims are not supported
by any documentation that might lead to the conclusion that his right to a defence was,
in fact, impaired by the State party’s authorities. The Committee therefore considers
that the author has not sufficiently substantiated this cl aim for the purposes of
admissibility and concludes that it is inadmissible under article 2 of the Optional
Protocol.
8.10 The Committee considers that the author’s claims under articles 6 and 7, and the
remainder of the author ’s complaint, which raises significant issues with respect to
article 14, paragraph 1, of the Covenant, have been sufficiently substantiated for the
purposes of admissibility. Given that no other impediments to admissibility exist, the
Committee finds them admissible.
Consideration of the merits
9.1 The Committee has considered the case in the light of all the information made
available to it by the parties, as required under article 5, paragraph 1, of the Optional
Protocol.
9.2 The Committee takes note of the author ’s claim that the sentence of 25 years’
imprisonment amounts, in practice, to life imprisonment and that, given his advanced
age and frail health, the denial of house arrest, in spite of a recommendation by the
International Committee of the Red Cross, is a violation of articles 6 and 7 of the
Covenant. The Committee also takes note of the State party’s contentions that, from
the time of the author ’s pretrial detention to the present day, it has taken the necessary
steps to protect his life, personal safety, and physical and psychological integrity and
guarantee him decent treatment, and that house arrest is an exceptional measure to be
used in cases where the person’s life is in danger or he or she is in extremely poor
health.
9.3 The Committee notes that the courts determined the author’s sentence in
accordance with the law and in proportion to the seriousness of the criminal offences
committed and the harm caused. At the same time, the Committee notes that the author
has a number of ailments and is in frail health, and that medical reports state that his
life is at risk and that he could succumb to sudden death. However, the author is not
being held in an ordinary prison but rather for the past three years has been serving his
sentence in the Military Hospital. The author has not claimed to the Committee that
the care and medical treatment at the Military Hospital are inadequate, or adduced any
convincing evidence that might so indicate, and has not explained why his life or
integrity would be at less risk under house arrest. Nor has he claimed that the
authorities wish to transfer him to prison. Consequently, and given the particular
circumstances of the case, the Committee does not have sufficient information to find
a violation of articles 6 and 7 of the Convention.
9.4 With reference to article 14, paragraph 1, of the Covenant, the Committee takes
note of the author’s claims that the judicial authorities were not impartial, since his
conviction and sentence were based on testimony from biased witnesses and
information from one-sided newspaper research and biased publications; that in most
of the proceedings against military and police personnel, the prosecutor has been
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