332. There was no requirement
that a person appearing
in court
swear an Oath
to tell the truth,
and a confession was not sufficient
to justify
a Verdict
against an accused person.
It was for the courts themselves to determine the
truth and to decide what kind of evidenae was to be presented and whether the
evidence submitted was germane.
Since statements to the police might not have
been made freely,
or a defendant who had told the police the truth might
subsequently decide tbat that would not serve him well in court,
it was
natural that a court
should ask a defandant to explain if his testimony in
court differed
from what he had told the police.
333. The reservation
to article
14, paragraph 7 , of the Covenant was intenaea
to cover cases in which evidence had come to light,
after a defendant had been
convicted,
indicating
that he was in fact innocent, or in which subsequent
evidence made it clear that a defendant had been wrongfully
acquitted of a
Tbe credibility
of the judicial
system was not the only issue
serious charge.
at stake.
Rather, it was thought that the public might be alarmed to learn
that guilty
persons were at large.
Freedom of nlwakmt
an8on
.
.
of allena
334. With reference to that issue, members of the Committee requested
information
concerning the findings and proposals of the National Council of
Crime Prevention based on its review of how legislation
concerning restraining
orders had been implemented. They also wished to know whether any new
measures designed to make that legislation
more effective
had been adopted;
whether the review by the Parliamentary
Committee of the provisions of
section 3 of the Act on Terrorists
had been completed; what appeals procedure
against expulsion orders was available
in cases of refusal of entry or of
expulsion on the grounds of an expired residency permit; and whether absence
of any possibility
of appeal in case of expulsion on grounds of national
security
and presumed terrorist
activities
was compatible with article
13 of
the Covenant.
Concerning the specifia situation
of several Turkish citizbns
of Kurdish descent, clarification
was sought as to the length of time before
their arrest could be challenged; why the normal rules governing
telephone-tapping
and searches had not been applied; and whether the
non-reviewable
designation by the Government of a person as a potential
terrorist
affected only those aliens who would otherwise be subject to
expulsion.
335. In his reply, the representative
of the State party explained that
restraining
orders served as one means of protecting
individuals
who had
already been victims of crime or who were being pursued and harassed by
others.
Under the amendment to the Act on Restraining Orders adopted in
April 1990, a person who failed to abide by the prohibition
against visiting
or contacting
another individual
could be sentenced to one year’s imprisonmest~
336. Concerning the matter
of expulsions,
the representative
stated that a
balance had to be struck in any legislation
governing expulsion on grounds of
national security
and presumed terrorist
activities
between ensuring the
effectiveness
of measures and guaranteeing the individuals
involved the best
Possible safeguards.
The proposed new legislation
in that area would give ‘.he
courts a more prominent role, although not the right to make a decision.
Tha
Proposed expulsion of a presumed terrorist
could be submitted to a court for
an opinion as to whether the evidence was sufficient
and the criteria
for
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