CCPR/C/118/D/2106/2011
murder victim in another criminal case and because, during a criminal investigation in 2010,
the same lawyer admitted appropriating the money paid to him for the defence of V.S. and
falsifying an appointment order in the name of a colleague. The Committee, however,
observes that based on the above-mentioned violations, the original verdicts against V.S.
and V.L. were revoked, that they were tried again, that during the retrials they were assisted
by lawyers of their choice and that they were convicted for a second time on 19 November
2010 and 26 March 2012 respectively. The Committee considers, therefore, that the authors
have failed to provide sufficient substantiation of their claim of a violation of article 14 of
the Covenant, and that the claim is therefore inadmissible under article 2 of the Optional
Protocol.
7.5
The Committee also notes the authors’ allegations that the second trials against V.S.
and V.L. were unfair and that the courts failed to properly assess the evidence before them.
The Committee, however, notes that the authors’ claims basically refer to the evaluation of
the facts and the evidence, and the application of domestic legislation by the courts of the
State party. The Committee recalls its case law, according to which it is for the courts of
States parties to evaluate the facts and the evidence in each case, or the application of
domestic legislation, unless it can be shown that such evaluation or application was clearly
arbitrary or amounted to a manifest error or denial of justice. 5 The Committee notes,
however, that the materials on file, including the copies of the summary records and the
verdicts, do not support the allegations of the authors. As it transpires from the file, during
the retrial V.S. and V.L. were given the possibility of making statements in the presence of
their lawyers and the judge. The Committee further notes that in pronouncing the verdicts
against V.S. and V.L., the courts do not appear to have relied on the confessions made by
them during the pretrial investigation. Nor does it appear that allegations of coercion were
raised during the court proceedings. The Committee considers, therefore, that the authors
have failed to provide sufficient substantiation of their claim of a violation of article 14 of
the Covenant and that the claim is therefore inadmissible under article 2 of the Optional
Protocol.
7.6
The Committee considers that the authors have sufficiently substantiated their
claims under articles 7, 10 (1) and 24 of the Covenant for purposes of admissibility and
proceeds with its consideration of the merits.
Consideration of the merits
8.1
The Committee has considered the present communication in the light of all the
information made available to it by the parties, as required under article 5 (1) of the
Optional Protocol.
8.2
The Committee notes the authors’ claims that during the pretrial investigation the
investigating officer tortured the alleged victims in order to force them to confess, that they
were repeatedly beaten, refused food and not given warm clothing; that while in pretrial
detention their families were allowed to visit the boys only once, in November 2008, after
the preliminary investigation had been already concluded; that during the visit they found
that the boys were still wearing summer clothes, while the temperature outside was -15ºC
and the cells were not heated; that during an interrogation the investigating officer broke
the leg of V.S. and refused to provide medical assistance; and that all of the above
constitute violations of articles 7 and 10 (1) of the Covenant. The Committee further notes
that the alleged victims complained about the above-mentioned treatment to various
5
6
See communications No. 1616/2007, Manzano et al. v. Colombia, decision on admissibility adopted
on 19 March 2010, para. 6.4; No. 1622/2007, L.D.L.P. v. Spain, decision on admissibility adopted on
26 July 2011, para. 6.3; and No. 2358/2014, G.C.A.A. v. Uruguay, decision on admissibility adopted
on 2 November 2015, para. 8.8.